Resident Physician Discipline

KJK represents medical residents and fellows facing Title IX matters in graduate medical education programs. Led by Student & Athlete Defense co-chairs Susan Stone and Kristina Supler, our team advises physicians in training from the first written complaint through internal disciplinary hearings, appeals and, when necessary, litigation.

 

Residency sits between employment and education. A resident is paid by a hospital, works under a contract and is subject to workplace policies; yet, a resident is also a trainee evaluated against accreditation competencies by a program director and a Clinical Competency Committee. That dual status shapes every disciplinary matter. The governing rules come from the institution’s website and policies, the residency agreement, accreditation requirements, and federal civil rights law. We help residents understand what rules apply, what the program must do before it acts, and how a Title IX finding will impact licensing, credentialing, and fellowship applications.

KJK Student & Athlete Defense: 

When Residents and Fellows Contact Us

Residents usually reach us at one of these points:

  • A complaint alleges unprofessional conduct, harassment, sexual misconduct or a boundary violation.
  • An arrest, a positive drug test, an impairment referral or another off-duty event has prompted disciplinary action.
  • The program has suggested resignation as an alternative to dismissal.

The earlier we are involved, the more options may remain. Many of the most consequential decisions in a residency matter, including how to respond to an allegation and how to manage a hearing, are made before a resident realizes they need counsel.

Residency Matters We Handle

Professionalism and Conduct Allegations

Professionalism is one of the ACGME core competencies, so allegations about communication, conflict with colleagues or nursing staff, documentation, attendance or demeanor can carry as much weight as concerns about medical knowledge or clinical skill. These allegations are often subjective and assembled from evaluations, emails and secondhand accounts. We test the factual basis for each concern, identify inconsistencies in the evaluation record and present context the program may not have considered.

Title IX and Sexual Misconduct Allegations in Residency Programs

Title IX can reach hospitals that operate federally funded education programs, including residency programs. In Doe v. Mercy Catholic Medical Center, 850 F.3d 545 (3d Cir. 2017), the Third Circuit held that a resident could bring Title IX claims against a private teaching hospital operating a residency program. Whether Title IX applies to a particular program is a fact-specific inquiry. Our attorneys represent physicians accused of sexual misconduct in hospital Title IX and workplace investigations, and we have filed complaints on behalf of residents subjected to harassment. A finding in one forum often leads to professionalism review, loss of privileges or a report to a licensing board, so we approach each case with those long term consequences in mind.

We’re Here for You:

Protecting Your Record Beyond the Program

A residency decision follows a physician. Part of our work is advising residents on how a pending or final action may be reported, disclosed or described, and building that into the strategy from the start.

License, credentialing, fellowship and employment applications can ask about discipline, leaves of absence, non-renewal and dismissal during training, and many rely on verification from the training program. How a matter is resolved and how it is documented, can matter as much as whether a resident remains in the program.

Unsure if your matter warrents an attorney?

Why Residents work with KJK

Residency matters rarely stay in one discipline. A professionalism complaint can become a Title IX investigation; an off-duty arrest can become a licensing question; a research-year dispute can become a research integrity inquiry. KJK’s Student & Athlete Defense team is built for matters that cross those lines.

Susan Stone and Kristina Supler work their matters together and co-chair both the Student & Athlete Defense / Title IX and Criminal Defense practice groups. Susan is a trial attorney who has served as first and second chair in jury trials. In addition to trying cases, Kristina served six years on the Board of Directors of the National Association of Criminal Defense Lawyers and represents scientists in research misconduct matters involving the Office of Research Integrity, the National Institutes of Health and the National Science Foundation. Both are certified in restorative justice and crisis communication, and they co-lead KJK’s Reputation Management practice, which helps clients respond to online backlash and defamation.

Their practice is national in scope. The team has represented students and faculty at more than 200 colleges and universities, and Susan and Kristina have been recognized by The Best Lawyers in America as Education Lawyer of the Year (Susan in 2022 and 2025; Kristina in 2026).

Important to know:

Residency Discipline FAQs

Can a residency program dismiss a resident without a hearing?
ACGME-accredited sponsoring institutions must have a policy providing residents with due process for suspension, non-renewal, non-promotion and dismissal, and must give written notice of intent before non-renewal, non-promotion or dismissal. What that process includes is established by each institution’s policies and the residency agreement. Review those documents immediately, because the deadline to request review is often short.
Can I have a lawyer at my residency appeal hearing?
It depends on the institution. Some programs allow counsel to attend and participate, some allow an advisor who may not speak, and some exclude licensed attorneys entirely. Where counsel cannot participate directly, an attorney can still prepare the written appeal, organize evidence and prepare the resident to present.
Is residency probation or dismissal reported to the National Practitioner Data Bank?
Under NPDB guidance, adverse actions taken against a resident within the scope of the training program are not reportable as clinical privileges actions. Adverse privileges actions related to practice outside the program, such as moonlighting, are reportable. Other reporting and disclosure obligations, including state licensing applications, may still apply.
Should I resign from residency instead of being dismissed?
Not without reviewing what the resignation gives up. Resignation can affect appeal rights and will still need to be disclosed on many future applications. The right choice depends on the strength of the appeal, the terms offered and how the departure will be documented.
Does Title IX apply to medical residents?
It can. In Doe v. Mercy Catholic Medical Center, 850 F.3d 545 (3d Cir. 2017), the Third Circuit held that a resident could bring Title IX claims against a private teaching hospital operating a residency program. Whether Title IX applies to a specific program depends on the facts, including the program’s educational components.
When should I contact an attorney?
As soon as there is a written concern, a remediation plan or a notice of intended action. Early involvement preserves options, including the chance to shape remediation terms, prepare for meetings and meet appeal deadlines that at some institutions are measured in days.
Need More Help? Call Our Residency Discipline Attorneys

Unsure if your matter warrents an attorney?

Why Residents work with KJK

Stone Susan Update 2

Susan Stone

Partner and Co-Chair, Student & Athlete Defense / Title IX
SCS@kjk.com | (216) 736.7220
Read Her Full Bio
Supler Kristina Square

Kristina Supler

Partner and Co-Chair, Student & Athlete Defense / Title IX
KWS@kjk.com | (216) 736.7217
Read Her Full Bio

We’re here to help

Consult with a Residency Discipline Attorney Today

If you have received a written concern, a remediation plan or a notice of intended action from your residency or fellowship program, contact Susan Stone or Kristina Supler. Appeal deadlines can be short, and some options are available only before they pass.
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