Cognitive Behavioral Institute of Albuquerque

Due Process for Early Termination of Clinical or Postdoctoral Fellowship

Noteworthy Unethical, Unsatisfactory, Disruptive or Inappropriate Conduct: Whenever a Postdoctoral or Clinical Fellow’s conduct, with respect to any element of his/her skills, duties or responsibilities, whether revealed in semiannual evaluations or otherwise, is determined by the Clinical Supervisor to be significantly unsatisfactory, unethical, disruptive or inappropriate, the Clinical Supervisor or Director will initiate the following steps. These steps constitute the Rights and Responsibilities of both the Fellow and the Program.

1. Informal Notice

When legally and ethically appropriate*, the Clinical Supervisor or Director will meet with the Fellow, as soon as possible, to discuss the noteworthy conduct and the requirement for immediate correction. The Fellow will be informed that lack of correction will lead to Step 3, Written Notice, and the Fellow will be reminded of the Due Process procedure that was explained to them during orientation, including the opportunity to call for a hearing at this stage.

The Fellow has the opportunity to appeal this Informal Notice to the Corrections Committee, which consists of the Research Director and 2 Staff Psychologists chosen by the Research Director not to include the Director or Clinical Supervisor.

2. Corrections Committee Hearing

If requested by the Fellow, the Corrections Committee will meet privately with the Fellow to hear the Fellow's explanation for why the Informal Notice was inappropriate. After giving full voice and consideration to any and all of the Fellow's explanations, the Corrections Committee will take a binding vote on whether the Informal Notice was appropriate or in the alternative should be retracted.

In the absence of a Corrections Committee vote to retract the Informal Notice, the Informal Notice will stand, and if the Fellow’s conduct does not improve immediately, or the Fellow indicates that the correction will not occur, then Step 3 is commenced.

3. Written Notice

The Clinical Supervisor or Director will provide a written description of the conduct and warning for immediate correction. This written notice becomes a part of the Fellow's permanent training record, and a copy is to be retained by the Director and the Research Director. No other parties, including the Fellow's graduate program, are notified unless specifically required by law.

4. Remediation Plan

If the Fellow’s conduct does not improve immediately following the written warning, or the Fellow indicates a lack of understanding of how to remediate the noteworthy conduct, then the Clinical Supervisor or Director will provide a Remediation Plan that will contain observable and/or objectively measurable action steps. The Remediation Plan will be provided to the Fellow within 10 calendar days of the first indication of non-correction by the Fellow. All remediation Plans must approved or written by the Director, and a copy is forwarded to the Research Director.

There is no option for probation. If the Fellow's conduct is not remediated within 10 days of receipt of the Remediation Plan, then the Director is to be notified, and the Director may consider termination of the Fellow's employment and program of training.

5. Informal Notice of Intent to Terminate

When legally and ethically appropriate, the director will verbally inform the Fellow of an intent to terminate their Fellowship. At this time the Fellow may be offered the option of resigning their position. If this is not appropriate, or if the Fellow prefers a written notice of Termination, then Step 6 is commenced.

6. Written Notice of Intent to Terminate and Availability of Appeal

With a Written Notice of Intent to Terminate the Fellowship, Fellows will be advised that will have an opportunity to Appeal the Director's decision to a Termination Committee consisting of the Research Director and 2 (two) Staff Psychologists or Supervising Psychologists of the Research Director's choosing. The Fellow's decision to appeal may be made to the Director either verbally, in writing, or both. There is no HR department, and therefore no HR department involvement.

7. Appeal

Within 10 calendar days of the Fellow's receipt of the written Notice of Intent to Terminate and Availablilty of Appeal, the Termination Committee will meet to consider the Director's Termination decision and any information the fellow would like to provide the committee in a Hearing.

8. Hearing

The Fellow will be invited to attend the Termination Committee meeting in person, however the Director will not. The committee will hear any information the Fellow elects to provide. The Committe will vote on the appeal within 2 calendar days of the meeting. The committe's decision is final, and will be communicated to the Fellow immediately both verbally and in writing.

 

*Immediate removal from duty: It is important to note that a Postdoctoral or Clinical Fellow can be removed from clinical duty without any prior warning for serious violations of ethical or legal standards of conduct such as prohibited dual relationships, fraud, or endeavoring to practice when impaired. In such an event, any required ethical or legal reporting will be made by the Director. If such reporting is required, the Director will also initiate the Due Process procedure at Step 6, Written Notice of Intent to Terminate and Availability of Appeal.