Letter of Appointment and Resident Funding

[ana_safavi]

Hey guys,

Background: I'm an internal medicine resident at NOSM. In February 2018, mid-way through PGY-2, NOSM's Vice-Dean abruptly and unilaterally placed me on leave, four days after I reported to her that I was sexually harassed by an RPC member. I have been unable to resume my training, since PGME has continuously thwarted my program's efforts to support my return and keep me safe while the case against my sexual harasser goes to trial.

Recently, I learned by way of a letter from NOSM's lawyer that PGME will not be issuing me a letter of appointment this year. As such, my residency will "come to an end" as of June 30, 2020 (and, consequently, my CPSO postgraduate training license will also expire as of that date). Note that I have not been dismissed from my program. NOSM is simply....ending (or declining to renew) my residency training contract.

1. Has anyone heard of such a thing before?
2. I get that for transfers in Ontario, the funding stays with the PGME office. (See: https://cou.ca/wp-content/uploads/2017/10/Principles-for-Transfers-in-Ontario-Residency-Programs-October-2017-v2.pdf "MOHLTC funding is not transferrable between institutions") But I can't transfer programs anyway, since NOSM is terminating my residency contract.
3. Since I was placed on leave mid-way through PGY-2, shouldn't I still have 2.5 years of funding left? (I believe internal medicine is funded as a four year program, fellowships are add-on funding).
4. I'm assuming NOSM has to return those 2.5 years of funding to the MOHLTC? Or can NOSM simply fire me and keep my funding?
5. Can I take my remaining 2.5 years of funding and finish my residency somewhere else?
6. Can I apply in the first iteration of CaRMS?
7. Re-entry program an option for me??
8. Also, doesn't the provincial government now guarantee a spot for every medical student graduating in Ontario (the whole unmatched applicants thing)? Is that just a "PGY-1" spot? Or am I entitled to a spot somewhere else now so that I can finish my training?

[bearded frog]

These questions are all above the pay-grade of pre-med forum posters. I realize that you are not optimistic about getting answers from your PGME office, you might have to reach out to the MOHLTC, PARO, and/or the CPSO for guidance.

[ana_safavi]

CPSO is afraid to speak with me and PARO can't be trusted. So...MOHLTC, then? Anyone contacted them before?

[blah1234]

You're probably going to need to work with PARO in some way or retain independent legal counsel to review your contract. I'm honestly not sure who you would talk to in MOHLTC as I'm sure this is a niche issue that no one would be familiar with.

Unfortunately, I suspect that you may not qualify for 1st iteration CaRMS and that your funding is locked to the school. It's honestly a tough situation so I would reach out to any administrative people who are still on your side to get a sense of what your options are.

[Metzthatcut]

Your best bet would be to do the USMLEs and head South. I hope I'm wrong and that you have more options <3

[zxcccxz]

I'm really sorry that you've had to go through this. If they are intentionally thwarting your return because of your complaint, it seems to be criminal behaviour, and I would encourage you to file an application with the Human Rights Tribunal of Ontario if you haven't done so already.

[ana_safavi]

On 6/2/2020 at 4:35 PM, zxcccxz said:

I'm really sorry that you've had to go through this. If they are intentionally thwarting your return because of your complaint, it seems to be criminal behaviour, and I would encourage you to file an application with the Human Rights Tribunal of Ontario if you haven't done so already.

Thanks. I have two HRTO proceedings under way: one against my sexual harasser. The other against NOSM and the Vice-Dean for retaliation (including suspending me). NOSM decided to fire me shortly after the HRTO set a trial date for the case against my sexual harasser.

On 6/1/2020 at 12:09 AM, blah1234 said:

You're probably going to need to work with PARO in some way or retain independent legal counsel to review your contract. I'm honestly not sure who you would talk to in MOHLTC as I'm sure this is a niche issue that no one would be familiar with.

Unfortunately, I suspect that you may not qualify for 1st iteration CaRMS and that your funding is locked to the school. It's honestly a tough situation so I would reach out to any administrative people who are still on your side to get a sense of what your options are.

PARO's lawyers appear to have been secretly (but unsuccessfully) colluding with NOSM's lawyers to try to trick the HRTO into dismissing my case(s). I would strongly advise residents to be cautious when speaking with PARO -- multiple residents from different med schools have warned me similarly. I consider PARO to be much more of an advocate for AD-PGMEs than for residents, honestly.

I have a lawyer; we're not aware of med schools simply ending a resident's training without actually dismissing them from residency. It's kind of a... bizarre approach. It's like they've just completely given up on even pretending they want to follow the law...

[blah1234]

6 minutes ago, ana_safavi said:

Thanks. I have two HRTO proceedings under way: one against my sexual harasser. The other against NOSM and the Vice-Dean for retaliation (including suspending me). NOSM decided to fire me shortly after the HRTO set a trial date for the case against my sexual harasser.

PARO's lawyers appear to have been secretly (but unsuccessfully) colluding with NOSM's lawyers to try to trick the HRTO into dismissing my case(s). I would strongly advise residents to be cautious when speaking with PARO -- multiple residents from different med schools have warned me similarly. I consider PARO to be much more of an advocate for AD-PGMEs than for residents, honestly.

I have a lawyer; we're not aware of med schools simply ending a resident's training without actually dismissing them from residency. It's kind of a... bizarre approach. It's like they've just completely given up on even pretending they want to follow the law...

I think unfortunately the case law has generally been in favor of academic institutions as the courts do not want to intervene on issues that are deemed "academic". The only reason I believe PARO would have been useful is because they are probably the only body that has seen the gamut of cases facing residents. I'm glad you have retained independent counsel and I hope you can find a good resolution. The schools are only out to mitigate against their own legal liability so I'm not surprised.

[Bambi]

It would seem to me that you may have a potentially huge claim for damages against parties selected by your lawyer as it appears they are colludingvto totally damage your career, which earning over a lifetime are in the multi-millions. Assuming you are unable to finance such an undertaking, there is the LAO, Legal Aid Office, and your lawyer could considercrespresenting you in this manner once you obtain a Certificate from the LAO. What has transpired smells disgusting and there are stories behind the stories that a smart lawyer can get to the bottom of my selecting parties to a law suit with care and examine the parties under oath.

[ana_safavi]

42 minutes ago, Bambi said:

It would seem to me that you may have a potentially huge claim for damages against parties selected by your lawyer as it appears they are colludingvto totally damage your career, which earning over a lifetime are in the multi-millions. Assuming you are unable to finance such an undertaking, there is the LAO, Legal Aid Office, and your lawyer could considercrespresenting you in this manner once you obtain a Certificate from the LAO. What has transpired smells disgusting and there are stories behind the stories that a smart lawyer can get to the bottom of my selecting parties to a law suit with care and examine the parties under oath.

You're correct. NOSM attempted to cover up sexual harassment and appears to have dragged multiple external parties (organizations, law firms, etc.) into it. Unfortunately for those third parties, the cover up completely unraveled and now they are all implicated in NOSM's failed conspiracy. I believe at least one lawyer may end up getting disciplined by the Law Society by the time this is all over and done (for perjury, among other things).

Fortunately, most of NOSM's faculty members have been smart enough to stay out of it.

[Bambi]

The only way to catch a rat is to shine a light on it. There are many rats here. Unfortunately, without LAO or some deep pockets helping you,  you will be drowned in legal fees. The idea is to sue all the rates, be they individuals and/or institutions, make allegations and if unadmitted, as they will be, to then examine under oath these parties, who need to fear perjuring themselves and losing their liberty and their reputations. This stinks. Publicity is your friend, being interviewed, etc. Rats cannot survive in the sunshine!

[ana_safavi]

17 minutes ago, Bambi said:

The only way to catch a rat is to shine a light on it. There are many rats here. Unfortunately, without LAO or some deep pockets helping you,  you will be drowned in legal fees. The idea is to sue all the rates, be they individuals and/or institutions, make allegations and if unadmitted, as they will be, to then examine under oath these parties, who need to fear perjuring themselves and losing their liberty and their reputations. This stinks. Publicity is your friend, being interviewed, etc. Rats cannot survive in the sunshine!

Actually my lawyer does accept Legal Aid. And once I'm fired, I won't have an income anymore...

[Bambi]

Well, you want an all encompassing Certificate that allows him/her to do whatever is deemed necessary. I would think the legal proceedings would allege bad faith, collusion, not protecting you in the procedures to pursue and investigation of your claim, etc., and your lawyer will no doubt make allegations that seem unimportant, which they will not admit, but which open the door to examining the parties under oath and you will be able to go fishing. Moreover, the defendants knew or ought to have known the severe consequences upon your career of doing what they did. I would think you have a lawsuit against the Dean, the school and a whole list of characters who are involved and will be most embarrassed. I would think a lawsuit should be for loss of future income, reputation, etc. and will be in the vicinity of 20M plus interest and costs. The problem will be that your lawyer will either need a team or this will become virtually a full time job. They think they can play with you as they seemingly have all the power. However, remember the battle of David & Goliath - and who won!  
 

Your harasser has gathered those in power and they collectively decided the way to get rid of you is - to get rid of you! They are abusing their power to protect their own, which should be one of your allegations. Your harasser should be impleaded in the same proceedings and also sued for 20M or more. You see, they all will not be able to keep their stories together and straight. There will be obvious untruths that will come out. They are all shameful creeps abusing their power!

[MedicineLCS]

I'm really sorry to hear this happened to you and hope it ends up resolved in a positive matter!

One thing I would advise you, not as a Lawyer, but as someone who has some experience with the field, is that you should strongly consider talking to your lawyer about your online posts to see if they are fine with the content/strategy of posting more details. As I understand it, you can't delete posts at some point during your legal journey, but again, I'm not a lawyer. Especially since this is a publicly identifiable case. Again, I'm not a lawyer, but you have made statements that a lawyer may potentially enter as evidence in a lawsuit/hearing that would be used against you. There's a reason the standard legal advice under common law systems is to not say anything/use canned statements. It removes an area of risk. 

I really hope your case gets resolved in a way favourable to you and it's important to bring harassment claims out in the open to help stamp out the patterns of behaviour. At the same time, as a general rule, publicly airing details of a lawsuit prior to a ruling is something that is not advisable in many cases. 

[Bambi]

The harasser has not been identified.

[MedicineLCS]

Which is great since that would, at least to me, definitely cross a legally interesting line. 

At the same time, posts using derogatory language towards an institution/unnamed individuals at that institution in a specific department could be something a judge takes into account. Again, I'm not a lawyer or offering legal advice, only the suggestion to ask your lawyer what they think, and I really want to see a positive ruling that establishes caselaw against harassment and to support residents, but I would be extremely cautious of publicly posting details in an area of the law where non-disclosure agreements as part of settlements are common. Our legal system is really interesting (in many ways) and the way that "name and shame" anti-harassment campaigns do not align with the standard advice given by lawyers is one such area.  

[ana_safavi]

2 hours ago, Bambi said:

The harasser has not been identified.

Well, I've filed in the HRTO. So his name is public record (and always will be, regardless of the outcome of the case).

3 hours ago, Bambi said:

decided the way to get rid of you is - to get rid of you!

Sure seems like it! But what will NOSM do once I'm really gone and they've got nothing left to hold over my head? Maybe they'll un-fire me just so they can threaten to fire me again?

[ana_safavi]

2 hours ago, MedicineLCS said:

Which is great since that would, at least to me, definitely cross a legally interesting line. 

At the same time, posts using derogatory language towards an institution/unnamed individuals at that institution in a specific department could be something a judge takes into account. Again, I'm not a lawyer or offering legal advice, only the suggestion to ask your lawyer what they think, and I really want to see a positive ruling that establishes caselaw against harassment and to support residents, but I would be extremely cautious of publicly posting details in an area of the law where non-disclosure agreements as part of settlements are common. Our legal system is really interesting (in many ways) and the way that "name and shame" anti-harassment campaigns do not align with the standard advice given by lawyers is one such area.  

I would never sign an NDA with NOSM or with my sexual harasser, so that's not an issue. And I know defamation law inside and out, because three lawyers have already threatened to sue me for libel. I remain unconcerned by their empty threats.

Edit: Yeah, setting precedent for other trainees has been a central consideration in my legal strategy thus far. I'm awaiting decisions on a couple interim motions that could break new ground!

[Bambi]

NOSM expect you to eventually disappear. They have big pockets, you don’t. So the strategy is to drown and stonewall you. Examinations under oath are marvelous tools. In the US, public interest legal groups wanting to protect women from sexual harassment would come to your rescue and they have deep pockets too. In Canada, unfortunately, not so. My heart goes out to you. 

[ana_safavi]

14 hours ago, Bambi said:

NOSM expect you to eventually disappear. They have big pockets, you don’t. So the strategy is to drown and stonewall you. Examinations under oath are marvelous tools. In the US, public interest legal groups wanting to protect women from sexual harassment would come to your rescue and they have deep pockets too. In Canada, unfortunately, not so. My heart goes out to you. 

My lawyer is incredible -- I would trust nobody else to take my case to trial.

(I do a LOT of the leg work myself though. Even a dream lawyer can't devote 24/7 to one client's file...)

[dooogs]

Good luck! Would it help if you went to the media?

[Bambi]

1 hour ago, ana_safavi said:

My lawyer is incredible -- I would trust nobody else to take my case to trial.

(I do a LOT of the leg work myself though. Even a dream lawyer can't devote 24/7 to one client's file...)

You are so very fortunate to have such a Champion in your corner! 

[ana_safavi]

2 hours ago, dooogs said:

Good luck! Would it help if you went to the media?

I did two years ago, right after I was suspended. I’ll probably wait until my first HRTO case has gone to trial before I do more press. We’ll see.

In the meantime, I use twitter to raise awareness about harassment in MedEd. #MedicineToo advocates for learners experiencing any kind of unfair treatment from faculty members and staff, not just sexual harassment.

Here’s a link to the media coverage from 2018:

 

 

[indefatigable]

I really hope it goes well for you and glad to hear you have supportive counsel!

 Nonetheless, I'd encourage to continue to look into parallel strategies that you outlined in your first post to resume your career to see how to use your PGY status to your advantage to complete your training.  I'd also suggest keeping an open mind with respect to settlement offers; unfortunately, I've also seen first-hand almost everything being lost through unsuccessful litigation.

[ana_safavi]

On 6/10/2020 at 8:41 PM, indefatigable said:

I really hope it goes well for you and glad to hear you have supportive counsel!

 Nonetheless, I'd encourage to continue to look into parallel strategies that you outlined in your first post to resume your career to see how to use your PGY status to your advantage to complete your training.  I'd also suggest keeping an open mind with respect to settlement offers; unfortunately, I've also seen first-hand almost everything being lost through unsuccessful litigation.

I’ve already lost everything except for my integrity, my dignity, and my voice. That’s all I have left and I won’t sacrifice it for any settlement.