GME Policy and Procedure
XXXVIII. Exclusions/Sanctions Check and Criminal Background Check Policy
General Policy
Results of Criminal Background Check
Results of Exclusions/Sanctions Checks
Applicants
Residents
Challenge
Appeal
  
38.1 General Policy:
In an effort to safeguard all those who utilize the University of Illinois Medical Center and other UIC facilities and to comply with applicable University policies, procedures and guidelines, and state and federal laws, rules and regulations, the University of Illinois at Chicago will conduct exclusions/sanctions checks and criminal background checks on all prospective UIC Residents (“applicants”) and will continue to conduct these checks on an annual basis while the resident is on active status.  As used in this policy, the term “Resident” shall also include any “intern” or “fellow.”
All applicants for residency positions must undergo an exclusions/sanctions check and criminal background check and meet all the requirements of the University policy related thereto.  Any offer extended to a resident for a position in a residency program at UIC is conditioned upon completion of the checks, review of the results thereof, and final approval of the offer relevant to the results of those checks.
A Criminal Background Check & Government Exclusive List Release Form must be completed by all applicants no later than thirty (30) days prior to the commencement date of the Resident Agreement.  Failure to do so may result in cancellation of the offer, delay in the commencement date of the Resident Agreement and/or delay in the payment of any salary or benefits earned pursuant to the Resident Agreement.
  
38.2 Results of Criminal Background Check:
Certain criminal convictions may disqualify the resident from earning a position in the program and may, if discovered during the term of an executed Resident Agreement, serve to immediately terminate that agreement.  The Resident shall have the right to appeal that termination in the manner set forth in Exhibit B to the Resident Agreement.
  
38.3 Results of Exclusions/Sanctions Checks:
   A. Applicants:  An applicant whose name appears on a federal, state or other mandated governmental exclusions/sanctions listing may not be approved for a position in any UIC residency program.  This condition may not be waived for any reason.  As such, the offer extended to a resident for a position in any UIC residency program will be immediately withdrawn.
   B. Residents:  If, during the term of an executed Residency Agreement, the University discovers that a resident has been excluded under one of these listings, his/her Resident Agreement will be immediately terminated and he/she shall be removed from all clinical duties.  
   1. Challenge:    A resident may challenge the accuracy and completeness of the report by contacting the appropriate federal or state agency.
   2. Appeal:   If a Resident Agreement is terminated under these circumstances, the notice and appeal rights set forth in Exhibit B shall not apply.  The resident may submit a written appeal of the termination to the Associate Dean for Graduate Medical Education within 30 days of notification of the termination.  That appeal may be granted only if the resident has provided written evidence from the listing agency that his/her name has been removed from the exclusions/sanctions list or that the resident in question is not the person whose name appears on the list (e.g., mistaken identity).  If the Resident is reinstated to his/her position after providing that evidence, he/she shall be paid his/her salary and benefits for the time period between termination and reinstatement.  A new Resident Agreement will be created and signed and the Department may, at its discretion, extend the term of that Resident Agreement beyond that which was included in the terminated agreement in order to account for any lost experience during the termination.
If the appeal is denied, the Resident shall have no further rights to appeal.