Overview of Due Process

Due process ensures that decisions made by training program programs about trainees are not arbitrary or personally based, and requires that programs identify specific evaluative procedures which are applied to all trainees and have appropriate appeal procedures available to the trainee so he/she may challenge the program’s action. CAPS’ due process guidelines include:

  • presenting trainees, in writing, with the training program’s expectations related to professional functioning (see section on Ethical Guidelines and Professional Behavior under Rights and Responsibilities);
  • stipulating the procedures for evaluation, including when and how evaluations will be conducted and ensuring that such evaluations occur at meaningful intervals;
  • articulating the various procedures and actions involved in making decisions regarding impairment;
  • communicating with graduate programs, when appropriate, and seeking input from these academic programs about how to address such difficulties;
  • instituting a remediation plan for identified inadequacies, including a time frame for expected remediation and consequences of not rectifying the inadequacies (with the input of the graduate program when appropriate);
  • providing a written procedure at the beginning of the training year (see Grievance Procedures) to trainees which describes how a trainee may appeal the training program’s action;
  • ensuring that trainees have sufficient time to respond to any action taken by the training program;
  • using input from multiple professional sources when making decisions or recommendations regarding the trainee’s performance; and
  • documenting, in writing and to all relevant parties, the action taken by the training program and its rationale.