TENNESSEE OSTEOPATHIC MEDICAL EDUCATION CONSORTIUM (THE CONSORTIUM) BY-LAWS

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1 TENNESSEE OSTEOPATHIC MEDICAL EDUCATION CONSORTIUM (THE CONSORTIUM) BY-LAWS ARTICLE I Establishment of the Tennessee Osteopathic Medical Education Consortium The Tennessee Osteopathic Medical Education Consortium (TOMEC) is an osteopathic educational consortium, formed for the purpose of establishing Osteopathic Graduate Medical Education (OGME) training programs and affiliations with Lincoln Memorial University-DeBusk College of Osteopathic Medicine (LMU-DCOM) and other medical schools, health care facilities and organizations. THE CONSORTIUM is established to support and promote excellence in the continuum of osteopathic medical education that begins with matriculation at an osteopathic medical school and extends through residency training. The members of THE CONSORTIUM agree to collaborate on areas of mutual interest and benefit, including but not limited to educational standards, academic programs, grant acquisition, evaluation activities, faculty development, curricular development, research and scholarly activity, marketing, promotion, and recruitment, while realizing that collaborate efforts must also reflect the need for individual members to pursue their own missions, goals, and objectives. Furthermore, THE CONSORTIUM will operate in accord with the provisions of the American Osteopathic Association's document on Osteopathic Postdoctoral Training Institutions (OPTI). Additionally, members are committed to ensure the establishment of rotation and residency slots not only for the graduates of TOMEC affiliated medical schools, but also for the health care profession in general. ARTICLE II Name and Acronym The name of THE CONSORTIUM is the Tennessee Osteopathic Medical Education Consortium (hereinafter referred to as "THE CONSORTIUM".) Its acronym shall be TOMEC. ARTICLE III Location The administrative office of THE CONSORTIUM, at which THE CONSORTIUM affairs are transacted and permanent records are securely documented and kept, will be at Tennessee Osteopathic Medical Education Consortium (TOMEC), Cumberland Gap Parkway, Harrogate, TN. TOMEC Bylaws 1 Revised 1//01; /1/01; //01

2 ARTICLE IV Missions and Objectives The mission of THE CONSORTIUM is to promote, support, and contribute to the continuum of osteopathic medical education with excellence in postdoctoral training. THE CONSORTIUM will achieve this by: Contributing to the osteopathic profession by building and retaining osteopathic graduate medical education programs in Tennessee and beyond Contributing to the community by providing distinctive osteopathic health care Promoting osteopathic opportunities through partnerships and collaborations among member organizations, constituents and potential partners Promoting evidence-based education, scholarship and research throughout the continuum of osteopathic medical education Supporting programs with the highest level of resources essential to meet and exceed accreditation standards Supporting the best interest of trainees with qualified faculty, facilities and clinical experiences SECTION 1. Administrative Office ARTICLE V THE CONSORTIUM Administration A. The Chief Academic/Medical Director of THE CONSORTIUM can be the Assistant/Associate Dean of GME at LMU-DCOM. The Academic/Medical Director of THE CONSORTIUM must be a D.O. who shall have an earned D.O. degree from COCA accredited college of osteopathic medicine, successfully completed AOA approved graduate education, and be certified by an AOA specialty board. Subsequent Directors shall also be appointed or reappointed by the Board. B. Administrative Director: THE CONSORTIUM Administrative Director will report to THE CONSORTIUM Academic/Medical Officer and THE CONSORTIUM board of directors. Employee benefits and contracts will remain with the LMU-DCOM. SECTION. Duties of the Chief Academic/Medical Officer The Chief Academic/Medical Officer (hereinafter CAO) of THE CONSORTIUM will work closely with the Directors of Medical Education at each Member site. The CAO of THE CONSORTIUM shall support the Directors of Medical Education in the following activities: A. Developing non-clinical educational programs with the program directors B. Coordinating on-site recruitment and interview processes, when requested; coordinating the interview and selection processes for those who apply to separate programs within THE CONSORTIUM TOMEC Bylaws Revised 1//01; /1/01; //01

3 C. Fostering the academic growth and development of faculty, interns, and residents in programs of THE CONSORTIUM; assist in the development of a discretionary fund to support resident research projects D. Assisting the program directors in meeting AOA and specialty affiliate program requirements with the aid of the chairs of LMU-DCOM, and/or other affiliated medical schools, clinical departments E. Actively coordinating the development of educational and practice opportunities in concert with THE CONSORTIUM members F. Advising, reviewing and making recommendations in concert with the Osteopathic Graduate Medical Education Committee and THE CONSORTIUM, regarding faculty appointment and retention G. Assist in procuring state, national, or other funding for medical education in accordance with THE CONSORTIUM s policies and procedures H. Actively working to achieve and maintain full compliance by THE CONSORTIUM with the American Osteopathic Association institutional and educational requirements I. Developing new OGME programs and clinical training sites J. Participating in program inspection reviews ARTICLE VI THE CONSORTIUM Membership SECTION 1. Membership Status THE CONSORTIUM shall include three membership levels: Full, Associate, and Affiliate. Each membership level has specific requirements and privileges set by the Board. All members shall be bound by the bylaws of THE CONSORTIUM as constituted at the time of acceptance and amended by the Board during the term of membership and for any renewal thereof. The Board of Directors of THE CONSORTIUM will determine the financial responsibility of each member. A. COM (College of Osteopathic Medicine) Membership: Commission on Osteopathic College Accreditation (COCA) accreditation (provisional or full accreditation) shall be a requirement for COM membership (three () voting members on the Board). B. Full Membership: Healthcare Facilities Accreditation Program (HFAP) or Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) shall be a requirement for full membership. Health care facilities and organizations, at which the majority of two or more approved training programs are conducted, shall be recognized as full members (three () voting members on the Board). TOMEC Bylaws Revised 1//01; /1/01; //01

4 C. Associate Membership: Non-COCA accredited training institutions and HFAP or JCAHO accredited institutions with less than two training programs may become Associate members (two () voting members on the Board). D. Affiliate Membership: Other health care facilities and organizations which do not provide the majority of any one training program shall be recognized as Affiliate members (one (1) voting member on the Board). SECTION. Membership Fees Membership fees shall be paid in full by April 1 of each year or one month prior to the meeting of the Finance committee. Membership level is determined by number of training programs and is accompanied by payment of the annual dues and fees, as set by the Board. The Board may, in its sole discretion, pursuant to a vote of the Board discontinue an organization s Membership for: (a) nonparticipation; (b) failure to comply with OPTI Standards; (c) failure to meet AOA Training program standards: (d) violation of the AOA Code of Ethics; (e) failure to pay dues and fees properly assessed, or demonstrated legal malfeasance. SECTION. Membership Standing Any member whose dues are fully paid and who has met requirements for the level of membership elected, and is not in arrears in any other fees, charges, or responsibilities shall be considered in good standing and unless otherwise provided in these By-laws, shall be entitled to all services and rights which THE CONSORTIUM provides for that level of membership. The Board reserves the right to establish additional reasonable standards and requirements as needed for participation in the programs of THE CONSORTIUM. Upon proper notice to the Member, the privileges of Membership (e.g., use of the LMU-DCOM name, inclusion in THE CONSORTIUM advertising, participation in THE CONSORTIUM activities, use of THE CONSORTIUM resources, etc.) may be suspended, limited, or canceled by the Board when individual Members do not meet established standards and requirements for Membership. Such suspension or limitation may be removed at any time as determined by the Board. SECTION. Membership Requirements and Responsibilities All base institutions supporting OGME shall meet AOA Institutional training standards for membership. Members also have the right to free association with other AOA-approved educational consortia, institutions or OPTIs. An institution that participates in THE CONSORTIUM shall provide THE CONSORTIUM with documentation it recognizes and accepts the certifying boards of the AOA as specialty board certification on an equal basis with those certifying boards recognized by the American Board of Medical Specialties (ABMS) for the purposes of obtaining hospital privileges. All member intuitions are required to have an Affiliation Agreement with TOMEC. THE CONSORTIUM and its member institutions shall be obligated to report to the Council on Osteopathic Post-doctoral Training Institutes (hereinafter COPTI ) substantive changes in its TOMEC Bylaws Revised 1//01; /1/01; //01

5 governance, membership, structure, and/or function together with written report as to the impact of such change(s). Such report shall be considered by the COPTI and, may be acknowledged and filed, or, if deemed of sufficient significance, may result in an on-site visit. Substantive change may include, but is not limited to, any of the following: (a) any change in the established mission, objectives or location of THE CONSORTIUM; (b) any change in the legal status or form of control of THE CONSORTIUM, including the addition or loss of governing partners; (c) addition of instruction which represents a significant departure in terms of curriculum content, training program options, or method of delivery of the curriculum and training; (d) any increase in the number of training positions available within THE CONSORTIUM as approved by the AOA. Member institutions are required to notify THE CONSORTIUM CAO of any substantive changes made to the institution and/or programs (i.e. ownership, program director, curriculum, and request for increased slots). In turn, THE CONSORTIUM CAO is required to notify the AOA of reported changes. In accordance with AOA policy, THE CONSORTIUM and its member institutions shall: A. Avoid conflicts of interest with respect to the affairs of THE CONSORTIUM B. Actively participate in the strategic planning and actively represent member institution boards, committees and subcommittees C. Meet AOA institutional standards D. Collaborate with LMU-DCOM, and/or other affiliated medical schools, to ensure a continuum of education for medical students and trainees E. Provide opportunities for student clerkships F. Develop a policy for trainee transfer credit and waiver policies and procedures G. Implement a system of trainee evaluation that measures competencies and documents progress toward graduation H. Implement a system for trainee evaluation of their programs I. Monitor work hour policies and activities to ensure compliance with AOA guidelines J. Complete all required annual evaluation procedures directed to THE CONSORTIUM or trainees as deemed necessary by the COPTI K. Participate in the internal review process at midpoint between accreditation reviews L. Establish and demonstrate the implementation of planning procedures necessary to attain and maintain its postdoctoral educational mission/objectives. M. Establish policies and guidelines governing scientific research activities. N. Publish and update annually a catalog and/or other appropriate document, which shall include at least the programs offered, salary and benefit package information, entrance requirements, and such general and policy information as is necessary. O. Annually review and update the AOA Opportunities page P. Demonstrate that it has committed the financial resources to operate, and to aligned with strategic planning, mission, goals, objectives, and outcomes of THE CONSORTIUM and postdoctoral educational programs Q. Complete and forward to the AOA Annual Report which is due sixty (0) days from the completion of the academic year, normally September 1. R. Jointly confer certificates of completion on trainees who have satisfactorily completed the requirements for program complete status S. Assess the development of new osteopathic programs in member institutions TOMEC Bylaws Revised 1//01; /1/01; //01

6 T. Ensure operational documents contain non-discrimination policies in accordance with section IV, F.. of the AOA Basic Documents for Postdoctoral Training. U. Ensure that selection policies and criteria for trainees are in accordance with the specific policies and procedures in the AOA Basic Documents for Postdoctoral Training. ARTICLE VII Term and Termination of Members SECTION 1. Term A. An affiliation between THE CONSORTIUM and a base institution shall become effective as of the date signed. B. The initial term of Affiliation shall be three years beginning on the effective date. Affiliations shall thereafter be automatically renewed for successive terms of one year without further action of the parties unless either party notifies the other in writing, by certified mail, of its intent to terminate. C. The offer of renewal of membership including any conditions or limitations with respect thereto shall be continuous. The Board may place reasonable limits upon the renewal of any membership. SECTION. Termination A. Termination Absent Cause: A Member institution may terminate its Affiliation, without cause, by giving at least ten months written notice, by certified mail, stating the intention of the party to terminate to the Administrative Director. The termination will be effective twelve months after June 0 of the then-current Affiliation year. B. Termination for Cause: A unilateral decrease in the type, level or scope of services offered by a Member institution or by THE CONSORTIUM which seriously endangers the ability of the member to deliver patient care services of appropriate quality or which interferes with the size or scope of THE CONSORTIUM S teaching programs at member institutions will constitute an event of termination. Such causes include, but are not limited to substantial reduction in funding, termination or withdrawal of programs, or loss of accreditation, 1. Pattern of Failure to Perform: If a failure to perform duties as a member of THE CONSORTIUM is identified, it is the responsibility of the member institution, in conjunction with THE CONSORTIUM, to correct the deficit. A continued pattern of failure to perform responsibilities under the Affiliation shall lead to immediate termination of the Affiliation with that member institution. TOMEC Bylaws Revised 1//01; /1/01; //01

7 C. Indemnifications: 1. THE CONSORTIUM shall defend, indemnify, and hold related Member institutions harmless from and against any and all liability, loss, expense or claims, excluding attorney's fees, for injury or damage arising out of the performance of this agreement, but only to the extent such liability, loss, expense or claims for injury or damage are caused by or result from the negligent, reckless, or intentional acts of THE CONSORTIUM s officers, agents, employees or students.. By Member Institutions: Member institutions shall defend, indemnify and hold THE CONSORTIUM harmless from and against any and all liability, loss, expense or claims, excluding attorney's fees, for injury or damage arising out of the performance of this agreement, but only to the extent such liability, loss, expense or claims for injury or damage are caused by or result from the negligent, reckless or intentional acts of the related health care facilities and organizations their officers, agents, employees, residents or interns. ARTICLE VIII Finances SECTION 1. Use of Assets The funds and assets of THE CONSORTIUM shall be used to provide services for the programs of THE CONSORTIUM consistent with the objectives stated herein. No part of funds or assets of THE CONSORTIUM shall inure to or be distributed to Members except for services to benefit THE CONSORTIUM as determined by the Board. SECTION. Finance Committee The Finance Committee will be responsible for planning, developing, and implementing financial plans and programs for THE CONSORTIUM and demonstrate that it has committed the financial resources to operate and to attain and maintain its postdoctoral educational mission/objectives. The Finance Committee will direct budget development, preparation, review, and recommend the business plan and each business plan supplement for Board approval at the annual meeting. The Finance Committee is chaired by the Secretary/Treasurer of the Board. The Finance Committee will determine its schedule of meetings prior to each board meeting. TOMEC Bylaws Revised 1//01; /1/01; //01

8 SECTION. Business Plan Supplement Not less than 0 days prior to the close of each fiscal year, the Board of Directors shall approve the business plan and/or the business plan supplement as prepared and recommended by the Finance Committee covering the next fiscal year of THE CONSORTIUM. The Members agree to review, negotiate, and revise the business plan supplement not less than thirty days prior to the close of the then-current fiscal year, allowing time for approval by each Member. SECTION. Bookkeeping and Accounting All bookkeeping and accounting services for THE CONSTORTIUM shall be performed by the LMU finance department ARTICLE IX Board of Directors SECTION 1. Powers The control and management of the affairs of THE CONSORTIUM shall be vested in the Board of Directors (hereafter, "the Board") consistent with the scope of THE CONSORTIUM as outlined in Article IX. The Board is responsible for setting policies with recommendations from committees of THE CONSORTIUM. SECTION. Directors A. Three Representatives of Each COM or Full Member: The College of Osteopathic Medicine shall be represented by the Dean, the Chief Financial Officer, and the Senior Associate Dean, or designated representative(s). The Chief Executive Officer, Chief Financial Officer, and the Medical Director, or designated representative(s), shall represent other Active members. B. Two Representatives of each Associate Member and One Representative of each Affiliate Member: The Medical Director, Residency Program Director, or designated representative(s) shall represent Associate and Affiliate Members. C. The Chairman of the Osteopathic Graduate Medical Education (OGME) Committee. SECTION. Additional Directors and Guests Additional voting and non-voting Directors can be granted by the Board. Directors may invite guests at the discretion of the Chairman. Non-voting Directors and guests may be given the floor if recognized by the Chair. TOMEC Bylaws Revised 1//01; /1/01; //01

9 SECTION. Vacancies Vacancies on the Board shall be filled by the Member or Committee that said former Director represented within thirty (0) days of the notification of the vacancy. SECTION. Regular and Special Meetings The Board of Directors shall meet at least twice each year at a time and place set by the Board for the purpose of electing officers, receiving reports of officers and committees, and for any other business that may arise. The Chairman may call special meetings of the Board at any time. The first meeting of the calendar year shall be the annual meeting. Affiliate, Associate or other members may make a request to the Board for a special meeting at any time. SECTION. Voting Voting members may not represent votes from more than one institution. A simple majority of the total number of Directors shall constitute a quorum at any regular or special meeting of the Board. The affirmative vote of a simple majority of those present and voting shall be required for passage of any motion, unless otherwise provided by these By-laws. Proxy voting and remote ballot voting may also be allowed at the discretion of the Chairman. Those wishing to vote by proxy or by remote ballot must notify the Chairman in writing at least seven days before the day the meeting is to be convened. SECTION. Order of Business The order of business, except when otherwise determined by a vote of the Board shall be: A. Approval of the minutes of the previous meeting B. Reports of the Officers C. Reports of the Standing Committees D. Unfinished Business E. Correspondence F. New Business G. Adjournment SECTION. Rules of Order The rules contained in Roberts Rules of Order, Newly Revised, shall govern all meetings of the Board of Directors and its Executive Committee. TOMEC Bylaws Revised 1//01; /1/01; //01

10 ARTICLE X Officers SECTION 1. Officers The officers of the Board shall consist of a Chairman, Vice-Chairman, and Secretary/Treasurer and such other officers with duties as the Board prescribes. The officers of the Board will comprise the Executive Committee. The CAO and the Administrative Director are ex officio members of the Executive Committee. SECTION. Selection The Chairman, Vice-Chairman, and Secretary/Treasurer shall be elected by majority vote every other year at the first annual meeting. The Chairman, Vice-Chairman, and Secretary/Treasurer will be elected from and by the representatives of the full members. SECTION. Chairman The Chairman presides at all meetings of the Board and shall have general charge and control over the affairs of THE CONSORTIUM subject to Board approval and in accordance with the By-laws. SECTION. Vice-Chairman The Vice-Chairman shall perform such duties as may be assigned by the Board. In the absence of the Chairman, the Vice-Chairman shall perform and be vested with all the duties and powers of the Chairman. SECTION. Secretary/Treasurer The Secretary/Treasurer shall be the recording officer of the Board and have overall responsibility for the preparation of the minutes of the Board. The Secretary/Treasurer shall be responsible for providing notice to the representatives of all Board meetings, and for the preparation and distribution of the agenda for said meetings. All books, records, and papers of THE CONSORTIUM will be kept at TOMEC s Administrative offices. The Secretary/Treasurer shall have access to any/all records upon request. SECTION. Vacancies In the event of a vacancy in the office of the Chairman, the Vice-Chairman shall succeed to the vacant office for the unexpired term. In the event of a vacancy in any other office, the Board shall fill the vacancy at a subsequent meeting. TOMEC Bylaws Revised 1//01; /1/01; //01

11 SECTION. Removal of Officers Any officer may be removed, with cause, by the Board with a majority vote of the Board of Directors. The matter of removal may be acted upon at any meeting of the Board, provided that notice of intention to consider said removal has been given to each Director and to the officer affected at least fourteen (1) days previously. The notice to the officer shall be in writing and sent by certified mail. ARTICLE XI Osteopathic Graduate Medical Education (OGME) Committee SECTION 1. Composition A. The Osteopathic Graduate Medical Education (OGME) Committee shall consist of THE CONSORTIUM CAO, Administrative Director, the Directors of Medical Education of Active member institutions, two () Residency Program Directors from each Active member institution, one (1) of which must be Primary Care, one (1) Residency Program Director from each Associate member institution, and one (1) trainee representative from each Active and Associate member institution. Trainees are interns, residents and/or fellows. The OGME committee shall meet at least four times a year as called by the Chair. A simple majority of members of the OGME shall constitute a quorum. B. The OGME Committee shall establish and institute an internal review process for corrective action plans submitted by partner training institutions in response to AOA program inspections. 1. All corrective action plans must be approved (within 0 days after receipt of notice) with signature by THE CONSORTIUM Administrative Director and reported to the OGME Committee prior to submission to the AOA. Gather and review evidence or verify implementation of corrective action plans provided by training institutions six months after the action plan is submitted. Documentation is kept in the administrative office of THE CONSORTIUM.. Provide oversight and guidance for sponsored programs. Actively assist any sponsored program receiving less than a 1% site review compliance score.. Provide oversight of work hour policies for trainees as established by AOA guidelines. Provide trainees a forum for free and open communication through trainee representation on OGME Committee and provide a means for trainees to report without reprisal, inconsistencies and violations of work hour policies. Develop policies and guidelines essential for achieving the educational objectives of THE CONSORTIUM and the pursuit and maintenance of the highest and best quality of educational programs. TOMEC Bylaws Revised 1//01; /1/01; //01

12 Annually review and approve each base institution s core competency plan (ICCP), through annual reports to the OPTI OGME Committee.. Implement a system for trainee evaluation of their programs and provide oversight for improvements based on findings derived from trainee evaluations.. Implement a system of evaluation to assess THE CONSORTIUM supplemental programming. Develop a uniform system of continuous improvement that includes trainee submission of training program evaluation. Maintain a core faculty roster for each OGME program to facilitate appointment at LMU-DCOM, and/or other affiliated medical schools SECTION. Chairman The Chairman will be responsible for providing direction to the OGME Committee and maintaining minutes of the Committee meetings. SECTION. Responsibility The Osteopathic Graduate Medical Education (OGME) Committee is responsible for overseeing the Graduate Medical Education program. The OGME Committee will recommend to the Board policies and procedures that meet the mission of THE CONSORTIUM for consistent application among the Member institutions and programs. The policies and procedures will address the following areas pertaining to trainees: A. Salary and benefits package B. Leave policies C. Quality assessment, documentation, and program evaluation D. Rights and responsibilities of interns and residents E. Curriculum and rotation schedules F. Integration of osteopathic philosophy, principles, and practices throughout all programs G. Duty hours, call requirements, and working environment H. Employment agreements outlining the terms and conditions of appointment to the programs I. Maintain accreditation and quality of graduate and undergraduate medical education J. Recruitment K. Due process and grievance review L. Access to appropriate and confidential counseling and psychological support services M. Assure sufficient and appropriate facilities including: 1. On-call facilities including or available: shower, toilet, bed, refrigerator, and study facilities. Learning resources including a professionally staffed library. Laboratory, medical records, and radiologic services. Security and parking N. Other areas as necessary to govern medical education TOMEC Bylaws 1 Revised 1//01; /1/01; //01

13 SECTION : Sub-Committees Sub-Committees of the Osteopathic Graduate Medical Education (OGME) Committee shall comprise of members of the OGME Committee as well as additional members that may be appointed as determined by the OGME Committee. The OGME Committee and its Sub-Committees will be responsible for developing a system to implement all policies and procedures adopted by THE CONSORTIUM. A. Faculty Development Sub-Committee: Responsible for planning, developing, and providing faculty development programs for the graduate medical education faculty. Such programs will include, but are not limited to, knowledge and understanding of osteopathic philosophy, principles and practice. This sub-committee should include representatives from each affiliated medical school and each residency program. This sub-committee will meet at least quarterly and shall be tasked to: a. Conduct a needs assessment for faculty development needs and develop a plan for implementation b. Integrate an evaluation system for faculty development plan and program effectiveness c. Annually review and assess core faculty instruction and precepting B. Curriculum/Osteopathic Principles and Practice (OPP) Sub-Committee: Responsible for the planning, development, implementation and evaluation of the integration of OPP in the curriculum and patient care. This sub-committee should include representatives from each affiliated medical school and each residency program. The sub-committee will meet at least quarterly. C. Research Sub-Committee: Shall support the clinical research and scholarly activities of THE CONSORTIUM members. This sub-committee will recommend to the Board of Directors policies and guidelines governing such activities. The subcommittee will meet as needed. a. Establish policies and guidelines that govern scientific research activities in accordance with local, state and federal guidelines b. Facilitate and provide research education, assistance and resources directly to trainees and institutions to encourage research and to meet the specialty college requirements. c. Collaborate with members to access basic science and/or clinical research mentorship for trainees. d. Support and provide a mechanism to recognize trainees who conduct research activities. e. Provide feedback to Board regarding budget needs for OPTI-wide or program-specific research for trainees f. Promote and facilitate support of trainees for publications in peer reviewed journals TOMEC Bylaws 1 Revised 1//01; /1/01; //01

14 D. Learning Resources Sub-Committee: Shall support the clinical education and scholarly activities of the sponsored programs. The sub-committee will meet as needed. a. Evaluate and provide access to learning resources to help programs meet curricular and research needs b. Develop training opportunities for trainees and faculty to ensure comprehensive utilization of resources c. Provide medical library access of print and electronic learning resources through LMU-DCOM, other affiliated medical schools, and other members for trainees and faculty. d. Designate a professionally trained librarian to support for trainees and faculty. ARTICLE XII Amendment The affirmative vote of three-fourths (/) of the Directors at any meeting may recommend to the Members that the By-laws be amended. ARTICLE XIII Complaint Review Procedure A. Complaint review procedures are established to: 1. Protect the integrity and the maintenance of educational standards as they relate to THE CONSORTIUM. Provide a mechanism for concerned individuals or organizations to bring to the attention of the accrediting agency information concerning specific actions and programs which may be in non-compliance with the AOA's educational standards; and. Recognize the responsibility of the AOA to provide responsible complainants the opportunity to utilize the AOA as a vehicle to deal with specific grievances. B. Complaints may be filed by any individual or group including, but not limited to, the following: an osteopathic intern or resident; an individual or institution affected by the accreditation program academically or professionally; and a member of the general public. C. The procedure for filing an official complaint begins with informal consultation. 1. Each complainant should initially attempt to resolve any differences or problems with THE CONSORTIUM through direct dealings. A complaint to TOMEC Bylaws 1 Revised 1//01; /1/01; //01

15 the AOA should only be made after these attempts at resolution have proven to be unsuccessful.. A complainant shall next seek informal consultation with the AOA Division of Post-Doctoral Training to discuss a potential complaint and possible means of resolving the problem without recourse to a formal complaint.. Complainants will be encouraged to seek a third party to act as a mediator. Through a spirit of collegiality, it is hoped that these mediators can help the complainant and THE CONSORTIUM resolve their differences in an effective and informal manner.. If the complainant is unable to reach an agreeable solution to the grievance through this informal consultation, the responsibility for filing a formal complaint to the AOA remains with the complainant. D. The criteria appropriate to a formal complaint are: 1. The complaint shall be in writing and signed by the complainant. Complainant s communications will remain confidential at all times.. The complainant shall present information concerning an alleged violation of a Standard for Accreditation. The information shall be accurate and well documented.. The complainant shall produce evidence that an effort has been made to resolve the problem through appropriate THE CONSORTIUM channels.. The complainant shall include information about all other actions initiated to resolve the problems.. The complaint shall be presented in writing to the AOA Division of Post- Doctoral Training. The AOA will then send to appropriate officers of THE CONSORTIUM a copy of the complaint and request from THE CONSORTIUM its version of the difficulty. A copy will also be sent to the chairman of the COPT. The determination of whether a complaint merits further investigation will be made by the COPT or a subcommittee of the COPT.. If the complaint warrants further investigation, the AOA will notify, in writing, the complainant and THE CONSORTIUM concerned that the complaint has been accepted for investigation. Also, if the complaint is not accepted for further investigation, the complainant and THE CONSORTIUM concerned will be notified in writing. TOMEC Bylaws 1 Revised 1//01; /1/01; //01

16 . If the AOA ascertains that a complainant has instituted litigation against THE CONSORTIUM concerning the complaint which has been made, no action will be taken on the complaint while the matter is in litigation. TOMEC Bylaws 1 Revised 1//01; /1/01; //01

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