ARTICLE XXXIX. FELONY DISCLOSURE
Effective July 1, 2020, House Officers shall be subject to the provisions of the University's Standard Practice Guideline (SPG) 601.38, "Required Disclosure of Felony Charges and/or Felony Convictions." On the same terms and conditions as non-bargaining unit staff members. SPG 601.38 may be referenced online at the following link: https://spg.umich.edu/policy/601.38
In recognition that a training extension could result from a decision to relieve a House Officer of clinical responsibilities, or all responsibilities, pending disposition of a felony charge, the HOA may file a grievance no later than seven (7) calendar days after notice to the House Officer of the Employer's decision to relieve the House Officer of clinical responsibilities or all responsibilities under this Article. An arbitration hearing will be held and a decision rendered by the arbitrator no later than fourteen (14) calendar days after receipt of the grievance. The arbitrator will be asked to determine whether the action taken was for just cause.
Arbitrations held pursuant to this article shall be heard by one (1) arbitrator from a three-person panel that will be mutually agreed upon by the Employer and the Association no later than thirty (30) days after ratification of the Agreement. Arbitrators will be selected on a rotating basis. If an arbitrator is provided notice and the case does not go to hearing for any reason, the assigned arbitrator will go to the bottom of the list just as though they had heard the case.
The grievance and arbitration process described in this paragraph is an interim measure applicable only to a decision to relieve a House Officer of clinical responsibilities or all responsibilities because of a felony charge, and is not applicable to final employment decision. In addition, an arbitrator's decision to order the Employer to return the House Officer to duty will have no effect on the University's right to assign responsibilities to a House Officer as it deems appropriate. Nothing in this paragraph limits the University's right to terminate employment or take action as would otherwise be available under the Agreement.
In the event the Association files a grievance pursuant to this Article on behalf of a House Officer who has been relieved from clinical responsibilities or all responsibilities, that House Officer shall be placed on a paid administrative leave during the interim grievance and arbitration process described in this Article, up to a maximum of 21 days from the date the House Officer was informed of the Employer's decision to relieve them of clinical responsibilities or all responsibilities.