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Match Participation Agreement
for Institutions
For all Matches Opening After June
30, 2009
Terms and Conditions of the Match
Participation Agreement Between Participating Institutions and the NRMP
These are the terms and conditions of the Institutional
Match Participation Agreement that each institution desiring to offer
residency or fellowship positions in the Main Residency Match or the Specialties
Matching Service (also referred to as the "Matching Program") of the National
Resident Matching Program ("NRMP") enters into by indicating acceptance
of these terms and conditions through clicking on the I Accept button
on the Registration screen of this web site (the "Match Site"). Upon the
NRMP's acceptance of such party's registration, these terms and conditions
will be a binding agreement between such institution and the NRMP, as
well as between such institution and any other party who executes a Match
Participation Agreement for such match(es).
If the NRMP accepts the registration of the institution
in question, the NRMP will register the institution and allow any of such
institution's eligible programs to register in the NRMP Main Residency
Match as described briefly in Section 1.0 below.
In consideration of this registration, each institution agrees to comply
with all of the terms and conditions of this Institutional Match Participation
Agreement (also referred to in these terms and conditions as "this Agreement").
Table of Contents
1.0 Introduction to the NRMP Matching
Program
2.0 Institutional Official
2.1 Designation
2.2 Responsibilities
3.0 Institutional Administrator
3.1 Designation
3.2 Responsibilities
4.0 Program Participation
4.1 Eligibility
4.2 Exclusive Commitment
to the Matching Program
4.3 Categories of Program Positions
4.4 Withdrawals / Fee
Refunds
4.5 Waiver of the Match
Results
4.6 Program Closures and
Reductions in Resident Complement
5.0 Applicants
5.1 Eligibility: Main
Residency Match
5.2 Eligibility: SMS
Matching Program
5.3 Other Requirements
5.4 Couples
5.5 Withdrawals
5.6 Waiver of the Match Results
6.0 Communications
6.1 Between Institutions,
Programs, and the NRMP
6.2 Changes After Registration
6.3 Quota Changes
6.4 Schedules and Deadlines
6.5 Completeness and
Accuracy of Information
6.6 Confidentiality
7.0 Matching and Appointing
Rules
7.1 Match Commitment
7.2 Rank Order List
Certification
7.3 Program Changes
8.0 Restrictions on Persuasion
9.0 Match Violations
9.1 NRMP Violations
Policies and Procedures
9.2 Consequences of Confirmed
Violations
9.2.1
Applicants
9.2.2
Programs
9.2.3
Institutions
10.0 Reversion of Unfilled
Positions; Special Requirements
10.1 Reversion Option
10.2 Submission of Reversions
to the NRMP
10.3 Special Requirements
11.0 Fees and Fee Refunds
11.1 Institution and Program
Fees
11.2 Fee Payment Procedures
11.3 Fee Refunds; Overdue
Fees
12.0 Use of Information
13.0 Representations
and Warranties
14.0 Disclaimers
15.0 Limitation of Liability
16.0 Notices
17.0 Dispute Resolution
18.0 Limitation of
Action
19.0 General
1.0 Introduction
to the Matching Program
The NRMP Matching Program is a system for the
confidential ranking and selection of applicants to graduate medical education
program residency and fellowship positions. For purposes of this Agreement,
the term "Matching Program" refers to all matches conducted by the NRMP,
including both the Main Residency Match and all Specialty Matches. Sponsoring
institutions that register any programs in the Matching Program agree
to select senior students of U.S. allopathic medical schools for all of
their programs only through the Matching Program or another national
matching plan. Positions may be offered through the Matching Program to
physician graduates of medical schools in the United States and elsewhere
who meet the eligibility requirements set
forth by the NRMP. Only programs from institutions that have registered
with the NRMP and agreed to abide by the terms of this Agreement may participate
in the Matching Program. Such programs also must register individually
with the NRMP and agree to abide by the terms of the Match Participation
Agreement Among Applicants, the NRMP, and Participating Programs or the
Specialties Matching Service Match Participation Agreement Among Applicants,
the NRMP, and Participating Programs.
The Specialities Matching Services ('SMS') Matching
Program is provided by the NRMP to program directors' groups (i.e., associations
of training program directors) whose programs offer entry level positions
only to applicants who have completed two or more years of graduate medical
education. To qualify for participation in the SMS Matching Program, the
program directors' group representing the programs in a particular specialty
must designate a specialty representative to be responsible for overseeing
the SMS match process and to be the group's official representative to
the NRMP on all matters regarding the group's programs that register for
the SMS Matching Program. Each group
participating in the SMS is expected to identify eligible programs and
to assist the NRMP in communicating with such programs.
The NRMP requires the program directors' group
of each specialty participating in the SMS Matching Program to execute
annually an "NRMP Program Directors' Annual Participation Agreement" that
commits active participation of at least 75 percent of the group's eligible
programs and a minimum of 75 percent of all available positions in the
specialty for that year. If a group fails to register 75 percent of its
eligible programs and/or positions, the NRMP, at its discretion, may discontinue
such group's participation in matches managed by the NRMP.
Positions may be offered through the SMS Matching
Program to physician graduates of medical schools in the United States
and elsewhere who meet the eligibility requirements
set forth by the NRMP. Only applicants and programs that have registered
with the NRMP and agreed to abide by the terms of the Specialties Matching
Service Match Participation Agreement may participate in the SMS Matching
Program.
The parties acknowledge that (a) the NRMP does
not provide application services to applicants or programs; (b) applicants
must apply directly to the programs with which they desire to match in
addition to registering with the NRMP Matching Program and listing such
programs on their certified rank order lists; and (c) the NRMP is not
involved in establishing the terms of any residency or fellowship agreement
and has no responsibility for providing applicants with any information
concerning such agreements.
The purpose of the Matching Program is to provide
a uniform time for both applicants and programs to make their selections
without pressure. A match between an applicant and a program constitutes
a binding commitment between the two parties in accordance with the terms
of the Match Participation Agreement. Any breach of that commitment may
result in penalties to the breaching applicant or program, as described
in Section 9.0.
Any breach by a sponsoring institution of any of
its obligations under this Agreement may be investigated by the NRMP pursuant
to its Policies and Procedures for Reporting,
Investigation, and Disposition of Violations of NRMP Agreements and
may result in penalties to the institution as described in Section
9.0.
The NRMP maintains the highest professional standards
in the conduct of the Matching Program and in its interactions with all
participants: applicants, program directors, institutional officials,
and student affairs deans. All participants in the Matching Program shall
conduct their affairs in an ethical and professionally responsible manner
and shall respect the right of applicants to freely investigate program
options prior to submission of a final rank order list.
2.0
Institutional Official
2.1
Designation
Each sponsoring institution must designate an
NRMP institutional official to be responsible for overseeing the match
process and to be the institution's official spokesperson to the NRMP
on all matters regarding the institution's registered programs. The
NRMP requires program directors to route all inquiries and changes through
the institutional official for transmittal to the NRMP.
2.2
Responsibilities
In addition to the general responsibilities
of the NRMP institutional official for overseeing the match process and
communicating with the NRMP, the institutional official is responsible
for:
2.2.1. Providing all information required
for the registration of the institution and each of its programs that
desire to participate in the Matching Program and ensuring the accuracy
of such information including, but not limited to, the number and type
of positions offered by each program.
2.2.2. Ensuring that all of the institution's
programs that desire to participate in the Matching Program execute
a Match Participation Agreement prior to the applicable match registration
deadline.
2.2.3. Communicating all quota changes,
additions, withdrawals, and other changes in the positions offered by
any of such institution's programs through the Match Site prior to the
quota change deadline for
each match. Exceptions to this deadline may be requested by the institutional
official for cases of extreme emergency, such as loss of funding or
accreditation, or to accommodate the results of earlier matching programs
2.2.4. Ensuring that prior to the release of the results of the Matching
Program, all of the programs sponsored by the institution, regardless
of Matching Program participation status, offer positions to U.S.
allopathic senior students only through the Matching Program or another
national matching plan. If any of the programs sponsored by the institution
offers a position to a U.S. allopathic senior outside the Matching
Program or another national matching plan, including a preliminary
position for a program that participates in another national matching
plan, the institution will be in breach of this Agreement and may
suffer the penalties described in Section
9.0.
2.2.5 Ensuring that none of the programs sponsored
by the institution, regardless of Matching Program participation status,
discusses, interview for, or offers a position to an applicant who
has matched to a concurrent year position through the Matching Program.
If any of the programs sponsored by the institution discusses, interviews
for, or offers a position to an applicant who has matched to a concurrent
year position through the Matching Program or who is ineligible because
of a denied waiver or confirmed violation, the institution will be
in breach of this Agreement and may suffer the penalties described
in Section 9.0.
2.2.6. Ensuring that all of its programs that
offer residency or fellowship positions through the Matching Program
will be either (a) accredited by the Accreditation Council for Graduate
Medical Education ("ACGME"), or (b) a combined program that is approved
or recognized by the American Board of Medical Specialties or by the
respective specialty board that is responsible for board certification
of residents who successfully complete the combined program, or (c)
in compliance with the eligibility requirements set forth in section
4.1.2 of this Agreement. Eligibility must be met by the relevant rank
order list certification deadline. Special tracks may be offered
within some types of programs, including locations or particular kinds
of training (i.e., research vs. clinical) within the accredited program.
2.2.7. Checking the accuracy of all information
submitted by program directors for registration and subsequent changes
and confirming such information and changes through the appropriate
pages of the Match Site.
2.2.8. Appointing an institutional
administrator, if so desired, to assist in the oversight of the
match process at the institution and in communicating with the NRMP
2.2.9. Ensuring that each of the institution's
programs organizes a resident or fellow selection process that is
consistent with the relevant Schedule
of Dates.
2.2.10. Promptly communicating to the program
directors all information sent from the NRMP that is relevant to such
program directors.
2.2.11. Ensuring that each of the institution's
programs provides complete, timely, and accurate information to interviewees,
including a copy of the contract the applicant will be expected to
sign if matched to the program if such contract is available, or a
copy of the contract currently in use. The NRMP institutional official
also must ensure that each of the institution's programs provides
institutional policies on visa status and eligibility for appointment
to a residency or fellowship position, as applicable. This information
must be communicated to interviewees in writing prior to the rank
order list certification deadline.
2.2.12. Ensuring that the institution's programs
do not ask for verbal or written commitments from applicants indicating
how they intend to rank any program. Any violation of this requirement
will be a breach of this Agreement for which the program may suffer
the penalties described in Section 9.0.
2.2.13. Arranging for prompt payment to the
NRMP of all fees owed by the institution or any of its programs.
2.2.14. Ensuring that all of the institution's
passwords are kept confidential and notifying the NRMP immediately
if the institution has any reason to believe that any of the institution's
passwords have been discovered or used by a third party or that there
has been any other breach of security.
3.0
Institutional Administrator
3.1 Designation
The NRMP institutional official has the option
of designating an institutional administrator to assist with the oversight
of the match process at the institution. The NRMP institutional administrator
usually is a staff person in the graduate medical education office of
the institution.
3.2
Responsibilities
The NRMP institutional administrator may enter
or change selected institution and program reference data, which may
require subsequent approval by the institutional official. In addition,
the NRMP institutional administrator may view all of the institution
and program data available through the Match Site.
4.0
Program Participation
4.1
Eligibility
4.1.1 Eligibility: Main Residency Match
In order for a registered institution to enroll
its program(s) in the Main Residency Match, as of the relevant rank
order list certification deadline each such program must either
(a) be accredited by the ACGME or (b) be a combined program that is
approved or recognized by the American Board of Medical Specialties
or by the respective specialty board that is responsible for board
certification of residents who successfully complete the combined
program.
4.1.2 Eligibility: SMS Matching Program
The NRMP may, in accordance with the policies
and advice of the sponsoring program directors' group, be selective
in determining which programs are eligible to participate in the SMS
Matching Program for that specialty. Only programs in a specialty
for which an SMS Match is being conducted may offer positions through
the SMS. Positions are titled "residency" or "fellowship" depending
upon the specialty for which the SMS Match is being conducted.
To be eligible to offer positions through an
SMS Match, as of the rank
order list certification deadline for such SMS Match a program
must be either (a) accredited by the ACGME, or (b) affiliated with
an ACGME-accredited program in the primary discipline, or (c) lead
to certification or endorsement and oversight by a board recognized
by the American Board of Medical Specialties. Each institution and
program executing this Agreement or the Specialties Matching Service
Match Participation Agreement affirms that it will meet one of those
requirements by the rank order list certification deadline.
4.2
Exclusive Commitment to the Matching Program
The sponsoring institution agrees that prior
to the release of the results of the Matching Program, all of the programs
sponsored by the institution, including those that do not participate
in the Matching Program, will select senior students of U.S. allopathic
medical schools only through the Matching Program or another national
matching plan. If any position is offered to U.S. allopathic students
outside the Matching Program or another national matching plan, including
a preliminary position for a program that participates in another national
matching plan, the institution and the program will be in breach of
this Agreement and may suffer the penalties described in Section
9.0.
4.3 Categories
of Program Positions
The following categories of positions are included
in the Matching Program:
4.3.1 Categorical (C) PGY-1 positions in programs
that provide the training required for board certification in the
specialties
4.3.2. Categorical primary care positions
in medicine and pediatrics (M)
4.3.3. One-year preliminary (P) positions in
transitional or specialty programs
4.3.4. Advanced (A) positions in specialty
programs that begin the year after the Matching Program and subsequent
to one or more years of preliminary training (PGY-2)
4.3.5. Physician (R) positions in specialty
programs that begin in the year of the Matching Program for physicians
with prior graduate medical education
4.3.6. Sub-specialty (F) positions in programs
that begin training subsequent to the completion of a resident training
program
4.4
Withdrawals / Fee Refunds
Sponsoring institutions may not withdraw any
program from the Matching Program or change the number of positions
offered by a program through such Matching Program after the applicable
quota change deadline,
except for situations beyond the control of the institution or program,
as determined by the NRMP.
At any time, the NRMP may withdraw from the Matching
Program any program that falls into one or more of the following categories:
(a) Programs that do not meet the eligibility
requirements set forth in Section 4.1 of this Agreement
(b) Programs for which the NRMP believes it
has received credible evidence that the program has violated the terms
of the applicable Match Participation Agreement. Upon withdrawing
a program from the Matching Program, the NRMP shall note in the Registration,
Ranking, and Results System that the program is the subject of "pending
action". The designation shall remain in place until the program has
waived or exhausted the opportunity to contest the action pursuant
to the Violations Policy.
Further, all programs at an institution with
unpaid NRMP fees will be withdrawn from the Matching Program if such
fees are not remitted to the NRMP prior to the scheduled opening of
the Match Site for registration. Institutions and programs that are
withdrawn from the Matching Program, either by their choice or by the
NRMP, will not have their fees refunded or waived.
4.5 Waiver of the Match
Results: Programs
Programs and applicants are not authorized to
release each other from their binding match commitment. Once a party
has matched, a waiver of the binding match commitment may be obtained
only from the NRMP. The NRMP's decision to grant or deny the waiver
is at the sole discretion of the NRMP and is not subject to arbitration.
The NRMP recommends that each program director, institutional official,
and applicant read carefully the Policies and
Procedures for Waiver Requests ("Waiver Policy") that shall govern
the NRMP's handling of waivers and which are incorporated by reference
in and are an integral part of this Agreement.
Any participant in the Matching Program shall
promptly notify the NRMP of any waiver requests received directly from
any other participant.
Programs shall use the Applicant Match History in the Match Site to
determine the match status of any applicant considered for appointment
to the program.
The NRMP, in its sole discretion, may grant to
a program a waiver of its binding commitment to an applicant if the
NRMP determines that fulfillment of a program's commitment to the results
of the Matching Program would cause serious and extreme hardship for
the program. The waiver request must (a) be made in writing by the program
director or the NRMP institutional official with a copy to each applicant
whose position is included in the waiver request; (b) specify each such
applicant; and (c) specify the method the program will employ to assist
each such applicant to secure another residency position in the event
the waiver request is the result of program closure or a change in program
complement. The NRMP will investigate the waiver request to determine
whether or not the waiver is appropriate.
Programs that have matched to an applicant shall
not discuss, interview for, or offer the matched position to another
candidate prior to the NRMP issuing its decision as to whether to grant
the requested waiver. If the NRMP receives information that a match-participating
program has discussed, interviewed for, or offered the matched position
to another applicant prior to receiving a waiver from the NRMP, the
NRMP will initiate an investigation to determine whether the program
or applicant has violated the terms of the applicable Match Participation
Agreement.
Upon completing its investigation, the NRMP,
in its sole discretion, may grant a waiver to the program releasing
it from the commitment to one or more of the applicants whose positions
were included in the waiver request, or it may deny the request. Programs
are not authorized to recruit another candidate for the matched position
until so notified by the NRMP.
4.5.1 Waiver Approvals: Programs
If the waiver is granted to the program by
the NRMP, the applicant may accept a position in another graduate
medical education program and the matched program may offer the vacant
position to another qualified applicant, unless the waiver request
was based on financial hardship, a reduction in resident complement,
or loss of accreditation.
4.5.2 Waiver Denials: Programs
If the waiver is not granted to the program
by the NRMP, the program will be expected to offer the matched position(s)
to the applicant(s) included in the program's waiver request. If the
program does not offer the matched position(s), the NRMP will initiate
an investigation to determine whether the program has violated the
terms of applicable Match Participation Agreement.
If an applicant requests a waiver from the
NRMP and/or informs the matched program of the desire for a waiver,
the program shall not discuss the matched position with any other
candidate or the applicant's eligibility with any other program or
offer the matched position to any other candidate until either (a)
the matched applicant has informed the NRMP in writing that he/she
will not accept the matched position if his/her waiver request is
denied by the NRMP and the program has been notified by the NRMP that
it has been granted a waiver, or (b) the waiver is granted by the
NRMP. If the NRMP receives information that the program has discussed,
interviewed for, or offered the position to another candidate before
it has been notified by the NRMP that either of the foregoing conditions
has occurred, the NRMP will initiate an investigation to determine
whether the program has violated the terms of the applicable Match
Participation Agreement.
An NRMP match-participating program is prohibited
from offering a position to an applicant who is ineligible to accept
a position in an NRMP-match participating program because his/her
waiver request was denied by the NRMP. Such prohibition applies to
all positions which have a start date within one year from the date
of the NRMP's decision. If an NRMP match-participating program offers
a position to a matched applicant whose waiver was denied and training
would commence during the one-year period, or if the applicant accepts
such a position, the NRMP will initiate an investigation to determine
whether the applicant or the program has violated the terms of the
applicable Match Participation Agreement.
If the NRMP initiates an investigation to determine
whether a program or applicant has violated the terms of the Agreement,
the NRMP will follow the procedures set forth in Section
9.0. of this Agreement.
4.6
Program Closures and Reductions in Resident Complement
If a program has reason to close and/or reduce
the number of residents or fellows, it must follow the procedures specified
in Section II by the Accreditation Council for Graduate Medical Education
("ACGME") in Section II of the ACGME Institutional Requirements, as
amended from time to time, or any successor requirements. The program
must notify the NRMP of the method it will employ to assist each matched
applicant in securing another graduate medical education position. Failure
to adhere to those requirements will be a breach of the applicable Match
Participation Agreement.
5.0
Applicants
5.1 Eligibility:
Main Residency Match
In order for an applicant to participate in the
Main Residency Match, the NRMP requires that such applicant affirm that
he or she meets all requirements for entry into graduate medical education
as prescribed in Section II of the ACGME Institutional Requirements,
Residents. The eligibility of U.S. seniors to participate in the Main
Residency Match is communicated directly to the NRMP by their NRMP school
officials. With respect to all other applicants in the Main Residency
Match, it is the policy of the NRMP to contact the relevant United States
or Canadian schools in order to verify enrollment or graduate status
and to contact the Educational Commission for Foreign Medical Graduates
("ECFMG") concerning whether an applicant who is a student at, or a
graduate of, an international medical school has passed the examinations
necessary for ECFMG certification. The NRMP does not attempt to verify
visa status.
It is the policy of the NRMP to withdraw from
the Main Residency Match all applicants whose eligibility is not confirmed
prior to the applicable rank order list certification
deadline. The parties acknowledge that the NRMP cannot guarantee
the eligibility of an applicant and that it is the responsibility of
each institution to verify independently that each applicant considered
for a position at such institution meets all of the institution's requirements.
Those requirements must be communicated to applicants in writing prior
to the relevant rank order list certification deadline. It is recommended
that each program obtain a signed acknowledgement of such communication
from each applicant who interviews with such program.
5.2
Eligibility: SMS Matching Program
To participate in the SMS Matching Program, prior
to the scheduled start date of the position for which the applicant
is applying, the applicant must have completed all of the training required
for such position and must meet all of the requirements for entry into
graduate medical education as prescribed by the Accreditation Council
for Graduate Medical Education ("ACGME") in Section II of the ACGME
Institutional Requirements, Residents, which are incorporated into this
Agreement by reference. Each applicant executing the SMS Match Participation
Agreement affirms that he or she will meet those requirements prior
to the applicable program start date.
5.3 Other Requirements
Each sponsoring institution may have additional
requirements for eligibility for its programs. The NRMP is not responsible
for ensuring that any or all of the requirements have or will have been
met by an applicant prior to the scheduled beginning of the term of
the position to which the applicant matched or for communicating such
requirements to applicants.
5.4 Couples
To review the NRMP procedures with respect to
individuals who wish to seek positions as a couple, click
here. Applicants registered as a couple are treated by the Matching
Program only as a couple. If two applicants who registered as a couple
do not obtain a match as a couple, the Matching Program will not try
to find a separate match for either of them individually.
5.5 Withdrawals
5.5.1 Withdrawal by the Applicant
Applicants may withdraw from the Matching Program
under certain conditions, but only if the NRMP receives the withdrawal
request prior to the applicable rank
order list certification deadline through the Match Site Withdrawal
screen for the Matching Program. Applicants who accept a concurrent
year residency position outside the Matching Program or through any
other national matching service shall withdraw from the Matching Program.
Withdrawal from the Matching Program must be completed prior to the
rank order list certification deadline. Failure to withdraw from the
Matching Program prior to the rank order list deadline shall be a
breach of the applicable Match Participation Agreement and may subject
the applicant to the penalties described in Section
9.0 of this Agreement. Applicants in the Matching Program are
prohibited from accepting a position through any other national matching
service or by agreement outside the Matching Program after the rank
order list certification deadline.
U.S. seniors may not withdraw themselves from
the Main Residency Match. U.S. seniors may be withdrawn only by the
NRMP medical school official.
5.5.2 Withdrawal of Applicants by the NRMP
At any time, the NRMP may withdraw from the
Matching Program any applicant who falls into one or more of the following
categories:
(a) Applicants with unpaid NRMP fees. The
applicant registration procedure requires that all fees be paid
in U.S. dollars by credit card or by bank checking account through
the Match Site at the time of registration. The applicant will be
allowed to register for and participate in the Matching Program
only after credit card or checking account information is entered
through the Match Site and processed successfully.
(b) Applicants for whom the NRMP believes
it has received credible evidence that they have violated the terms
of the applicable Match Participation Agreement. Upon withdrawing
an applicant from the Matching Program, the NRMP shall note in the
Registration, Ranking, and Results System that the applicant is
the subject of "pending action". The designation shall remain in
place until the applicant has waived or exhausted the opportunity
to contest the action pursuant to the Violations Policy.
5.5.3 Withdrawal Deadlines / Fee Refunds
Applicants may not withdraw from the Matching
Program after the applicable rank
order list certification deadline. Applicants who are withdrawn
from the Matching Program, either by their choice or by the NRMP,
will not have their fees refunded.
5.6 Waiver of the Match
Results: Applicants
Applicants and programs are not authorized to
release each other from their binding match commitment. Once a party
has matched, a waiver of the binding match commitment may be obtained
only from the NRMP. The NRMP's decision to grant or deny the waiver
is at the sole discretion of the NRMP and is not subject to arbitration.
The NRMP recommends that each applicant and program read carefully the
Policies and Procedures for Waiver Requests
("Waiver Policy") that shall govern the NRMP's handling of waivers and
which are incorporated by reference in and are an integral part of the
applicable Match Participation Agreement.
Any participant in the Matching Program shall
promptly notify the NRMP of any waiver requests received directly from
any other participant.
The NRMP, in its sole discretion, may grant to
an applicant a waiver of his/her binding commitment to a program if
the NRMP determines that the fulfillment of his/her commitment to the
results of the Matching Program would cause serious and extreme hardship
for the applicant. An applicant who matched to an advanced or fellowship
position also may request a waiver if the applicant has elected to change
specialties, provided the waiver is requested no later than the January
15 prior to the start of training. The applicant must request the
waiver in writing and must send the request to the NRMP with a copy
to the program to which the applicant matched. The NRMP will investigate
the waiver request to determine whether or not the waiver shall be granted.
If, following initiation of the waiver review
process by the NRMP, the applicant notifies the NRMP in writing that
he/she will not accept the matched position if the waiver is not granted,
the NRMP may grant an immediate waiver to the program so that it can
recruit another qualified candidate for the matched position.
Applicants who have matched to a program
shall not discuss, interview for, or accept a concurrent year position
in another program prior to the NRMP issuing its decision as to whether
to grant the requested wiaver. If the NRMP receives information
that an applicant has discussed, interviewed for, or accepted a concurrent
year position in another program prior to receiving a waiver from the
NRMP, the NRMP will initiate an investigation to determine whether the
applicant or program has violated the terms of the applicable Match
Participation Agreement.
Upon completing its investigation, the NRMP,
in its sole discretion, may grant a waiver to the applicant releasing
him/her from the commitment to the program, or it may deny the waiver
request. Programs are not authorized to recruit another candidate for
the matched position until so notified by the NRMP.
5.6.1 Waiver Approvals: Applicants
If the waiver is granted to the applicant by
the NRMP, the applicant may accept a position in another graduate
medical education program and the matched program may offer the vacant
position to another qualified applicant.
5.6.2 Waiver Denials: Applicants
If the waiver is not granted to the applicant
by the NRMP, the applicant will be expected to accept the matched
position. If the applicant does not accept the matched position, the
NRMP will initiate an investigation to determine whether the applicant
has violated the terms of the applicable Match Participation Agreement.
If the waiver is not granted to the applicant
by the NRMP and the applicant notifies the NRMP in writing that he/she
will not accept the matched position, the NRMP will grant a waiver
to the matched program so that it can recruit another qualified applicant
for the matched position.
An applicant whose waiver request has been
denied and who does not accept the matched position may be barred
from accepting or starting a position in another NRMP match-participating
program that has a start date within one year from the date of the
NRMP's final decision to deny the waiver. If any NRMP match-participating
program offers a position to that applicant to commence training during
the one-year period, or if the applicant accepts such a position,
the NRMP will initiate an investigation to determine whether the applicant
and/or the program has violated the terms of the applicable Match
Participation Agreement.
If the NRMP initiates a violation investigation
of the applicant or program, it will follow the procedures set forth
in Section 9.0 of this Agreement.
6.0 Communications
6.1
Between Institutions, their Programs, and the NRMP
Complete, timely, and accurate exchanges of information
are essential to the residency and fellowship application and matching
process. To facilitate such communication, the NRMP institutional official
is responsible for all communication with the NRMP on behalf of the
institution's sponsored programs. All changes made by a program concerning
positions must be approved by the NRMP institutional official responsible
for such program and communicated directly to the NRMP through the appropriate
page of the Match Site.
After registration of the sponsoring institution,
the NRMP institutional official must update the institution and program
information in the NRMP database, including reversions and descriptions
of special institution and program requirements. It is the NRMP institutional
official's responsibility to ensure that each program director checks
the accuracy of quotas, reversions, and special requirements. This information
is to be reviewed by the NRMP institutional official and any corrections
or changes are to be communicated to the NRMP through the appropriate
page of the Match Site.
For the SMS Matching Program, the program directors'
group representing the programs in a particular specialty desiring to
participate in the Specialties Matching Service must designate a "specialty
representative" to be responsible for overseeing the match process and
to be the group's official representative to the NRMP on all matters
regarding the group's programs that register for the SMS Matching Program.
The specialty representative will be responsible for negotiating the
terms of the services to be provided for the specialty by the NRMP,
and must have the authority to execute the "NRMP Program Directors'
Annual Participation Agreement" on behalf of the group and to commit
to the NRMP the active participation in the SMS Matching Program of
75 percent of the programs in such specialty and 75 percent of the available
positions in a given year.
6.2
Changes After Registration
All changes should be submitted in writing to
the NRMP through the appropriate screen of the Match Site, including:
My Institutional Information
My Institutional Administrator Information
Approve Changes
My Program Information
My Program Directors
6.3
Quota Changes
The deadline for making changes to quotas for
the Main Residency Match is January 31 of the year of the Main Match
in question. All other matches have quota change deadlines specific
to that match. In order to ensure that applicants will be aware of the
accurate number of positions available in programs in advance of the
rank order list certification deadline, exceptions will be made only
in extreme circumstances, e.g., loss of funding, change in accreditation
status, bankruptcy, or to accommodate the results of a prior match.
Requests for exceptions must be made in writing by the NRMP institutional
official.
Program quota changes should be communicated
by the NRMP institutional official to the NRMP via the Approve Changes
page of the Match Site. NRMP institutional officials and program directors
should consider whether a quota change has an effect on reversions and
special requests. The NRMP will not automatically adjust reversions
due to quota changes. Any necessary adjustments should be requested
by the NRMP institutional official through the appropriate page of the
Match Site.
Quota changes for NRMP matches will not be accepted
after the applicable quota change deadline (see Schedule
of Dates). The quota on file with the NRMP for each program at 11:59
p.m. eastern time on the applicable quota change deadline for each match
will be the number of positions offered through such match for that
year.
Programs cannot reduce their quotas to zero.
Any registered program that does not want to offer positions through
a particular match must officially withdraw through the Program Information
page of the Match Site. The program's withdrawal must be confirmed by
having the NRMP institutional official notify the NRMP through the Approve
Changes page of the Match Site by 11:59 p.m. eastern time on the
applicable quota change deadline
to ensure that such program is not listed on the Match Site as a participant
in such match.
6.4 Schedules and
Deadlines
An annual Schedule
of Dates is published by the NRMP for each match and is incorporated
in this Agreement by reference. Time is of the essence in this Agreement
and adherence to those dates is essential. All required institution
and program information must be received by the NRMP by the published
deadlines.
Unmatched applicants and programs participating
in the Main Residency Match may not contact each other about unfilled
positions prior to 12:00 noon eastern time on Tuesday of Match Week.
Matched applicants and programs may not contact each other prior to
the general announcement of Matching Program results at 1:00 p.m. eastern
time on Thursday of Match Week.
In addition, it is a violation of the applicable
Match Participation Agreement if any registered program or institution
shares the information about unfilled programs with any individual who
is not registered for the match or allows an individual who is not registered
for the match to use the registrant's unique code number and password
to access the secure web site to obtain information about unfilled positions.
6.5
Completeness, Timeliness, and Accuracy of Information
The sponsoring institution and its programs shall
act in good faith to provide complete, timely, and accurate information
to interviewees. Programs shall provide a copy of the contract the applicant
will be expected to sign if matched to the program if such contract
is available, or a copy of the contract currently in use. Programs also
must provide all institutional policies regarding eligibility for appointment
to a residency or fellowship position. The contract and all other information
must be communicated to interviewees in writing prior to the relevant
rank order list certification deadline.
Applicants are responsible for the completeness,
timeliness, and accuracy of the information provided to programs. The
submission of information by an applicant during the interview and/or
matching process that is false, misleading, incomplete, or plagiarized
from another source is a violation of the applicable Match Participation
Agreement.
The NRMP is not responsible for ensuring the
accuracy of information exchanged between applicants and programs. However,
if the NRMP believes it has received credible evidence that an applicant,
program, or institution has violated the terms of the applicable Match
Participation Agreement, the NRMP is authorized to take appropriate
action, as described in Section 9.0 of
this Agreement, including, but not limited to, withdrawal of the applicant
or program from the Matching Program and reporting the violation to
the American Board of Medical Specialties or the ACGME in accordance
with Section 9.0.
6.6
Confidentiality
The information submitted to the NRMP on both
applicant and program rank order lists is confidential. It is the policy
of the NRMP not to disclose such information in any manner that permits
individual identification of either applicants or programs.
7.0
Matching and Appointing Rules
7.1
Match Commitment
The listing of an applicant by a program on its
certified rank order list or of a program by an applicant on the applicant's
certified rank order list establishes a binding commitment to offer
or to accept an appointment if a match results. Each such appointment
is subject to the official policies of the appointing institution in
effect on the date the program submits its rank order list and is contingent
upon the matching applicant meeting all eligibility requirements imposed
by those policies. Those requirements must be communicated to applicants
in writing prior to the rank
order list certification deadline. It is recommended that each program
obtain a signed acknowledgement of such communication from each applicant
who interviews with such program.
Failure to honor this commitment by either party
participating in a match will be a breach of the applicable Match Participation
Agreement and may result in penalties to the breaching party, as described
in Section 9.0 of this Agreement.
If any of the programs sponsored by the institution,
regardless of Matching Program participation status, discusses or offers
a position to an applicant who matched to a concurrent year position
in another program or who is ineligible as a result of a denied waiver
or a confirmed violation, the institution will be in breach of this
Agreement and may be subject to penalties, as described in Section
9.0 of this Agreement. Programs shall not interview or discuss with
an applicant any potential position unless the program has first determined
that the applicant is eligible for appointment. Programs shall determine
the applicant's eligibility by verifying the applicant's match status
in the Applicant Match History that is available in the Match Site and/or
by calling the NRMP to obtain that information.
After the general announcement of match results,
each program will forward letters of appointment to all applicants who
have matched with that program. Applicants are expected to return one
copy of the letter of acceptance to the program before the deadline
stated in the letter.
7.2
Rank Order List Certification
To participate in the Matching Program, programs
must (a) register with the Matching Program and (b) submit certified
rank order lists electronically using the Match Site. Use of the Match
Site requires Internet access using common browser programs, as described
in the User Guide. Rank order lists cannot
be submitted by mail or in any way other than through the Match Site.
Access to the Match Site is limited to registered
institutions, programs, applicants, and other authorized users. Each
authorized user must enter a unique code and password.
The rank order list ("ROL") can be entered in
more than one session and can be modified multiple times prior to the
ROL certification deadline.
Parties are encouraged to finish this process at least a week before
the ROL certification deadline, prior to the peak utilization period
when the Match Site may be less accessible.
THE NRMP DOES NOT GUARANTEE THE AVAILABILITY
OF THE MATCH SITE AND WILL NOT MODIFY IN ANY WAY THE RANK ORDER LISTS
OF APPLICANTS OR PROGRAMS.
7.3
Program Changes
Programs may make quota changes, additions, withdrawals,
and other changes in the positions they desire to fill through the Matching
Program. Such changes must be approved by the NRMP institutional official
and made on the Match Site by the quota
change deadline. Exceptions to this deadline may be requested by
the institutional official for cases of extreme emergency, such as loss
of funding or accreditation, or to accommodate the results of earlier
matching programs. In such cases, a written request for relief should
be made to the NRMP.
8.0
Restrictions on Persuasion
One of the purposes of the Matching Program is
to allow both applicants and programs to make selection decisions on a
uniform schedule and without coercion or undue or unwarranted pressure.
Both applicants and programs may express their interest in each other;
however, they shall not solicit verbal or written statements implying
a commitment. Applicants shall at all times be free to keep confidential
the names or identities of programs to which they have or may apply. In
addition, it is a breach of the applicable
Match Participation Agreement for:
(a) a program to request applicants to reveal ranking preferences;
or
(b) an applicant or program to suggest or inform the other that placement
on a rank order list is contingent upon submission of a verbal or written
statement indicating ranking intentions; or
(c) a program to require applicants to reveal the names or identities
of programs to which they have or may apply; or
(d) a program and an applicant to make any verbal or written contract
for appointment to a concurrent year residency or fellowship position
prior to the release of the List of Unfilled Programs.
Only the final preferences
of programs and applicants, as expressed on their final certified rank
order lists, will determine the offering of positions and the placement
of applicants through the Matching Program.
9.0
Match Violations
9.1
NRMP Violations Policies and Procedures
All Matching Program participants shall behave
in an ethical and responsible manner during the matching process and
shall comply with the terms and conditions of the applicable Match Participation
Agreement. It is the policy of the NRMP to investigate alleged breaches
of the Match Participation Agreements, including but not limited to:
failure to provide complete, timely, and accurate information during
the interview and matching process, discrepancies in graduation credentials,
attempts to subvert eligibility requirements or the matching process
itself, failures to offer or accept an appointment as required by the
results of a match, and any other irregular behavior or activities that
occur in connection with registration, the submission or modification
of a rank order list, and/or the participant's commitment to honor the
match outcome. Matching Program participants shall report to the NRMP
any suspected violation of the applicable Match Participation Agreement.
The Policies and Procedures
for Reporting, Investigation, and Disposition of Violations of NRMP
Agreements ("Violations Policy") shall govern the NRMP's handling
of match violations and are incorporated by reference in and are an
integral part of this Agreement.
At any time the NRMP may withdraw any applicant
or program from the Matching Program if the NRMP believes it has received
credible evidence that the applicant or program has violated the terms
of the applicable Match Participation Agreement. Upon withdrawing an
applicant or program from the Matching Program, the NRMP shall note
in the Registration, Ranking, and Results (R3) System that the applicant
or program is the subject of "pending action" until the applicant or
program has waived or exhausted the opportunity to contest the adverse
action. Withdrawn applicants or programs shall be afforded an opportunity
to be heard in accordance with the Violations
Policy.
Upon confirmation by a Review Panel that the
applicant or program has violated the terms of the applicable Match
Participation Agreement, the NRMP shall note in the Registration, Ranking,
and Results (R3) System that the applicant or program is the subject
of "pending action" if the applicant or program elects to contest the
adverse action. The designation shall remain in place until the applicant
or program has waived or exhausted the opportunity to contest the adverse
action pursuant to the Violations Policy.
9.2
Consequences of Confirmed Violations
The consequences of a confirmed violation of
this Agreement, or the Match Participation Agreement Among Applicants,
the NRMP, and Participating Programs, or the Specialties Matching Service
Match Participation Agreement are set forth in the Violations
Policy. They include the following:
9.2.1
Applicants
If the NRMP's investigation of an alleged violation
results in a finding that an applicant has committed a violation of
the applicable Match Participation Agreement, the processing of the
applicant's rank order list may be interrupted. The NRMP at its discretion
may withdraw the applicant from the Matching Program.
If a matched applicant is the subject of a
violation investigation, the program to which the applicant matched
may not fill the position until the Final Report has been issued and/or
a waiver has been granted by the NRMP.
The NRMP's Final Report on the confirmed violation
will be delivered to the applicant with copies to:
(1) the applicant's medical school with a
request that the Final Report be placed in the applicant's permanent
file
(2) the ECFMG if the applicant is a student/graduate
of an international medical school
(3) the NRMP institutional official and
the director of the program to which the applicant matched
(4) the NRMP institutional official and
the director of the program to which the applicant has applied or
switched (if known).
(5) the party who originally reported the
violation
(6) the NRMP Executive Committee
(7) the American Board of Medical Specialties
(8) the applicant's residency program director
if the violation occurred in a fellowship match
(9) the Federation of State Medical Boards
if the applicant is to be permanently identified as a match violator
or permanently barred from future NRMP matches
(10) any parties whom the NRMP has determined
are relevant to its investigation
In addition, the applicant may be barred from
subsequent NRMP matches and/or identified as a match violator to participating
programs for one to three years or permanently, as determined by the
NRMP. The applicant also may be barred from accepting or starting
a position in an NRMP match-participating program that would commence
training within one year from the date of issuance of the Final Report.
Further, any matched applicant who does not accept his/her matched
position and has been denied a waiver of his/her match commitment
may be barred from accepting or starting a position in an NRMP match-participating
program that would commence training within one year from the date
of the NRMP's decision on the waiver.
The decision conveyed in the Final Report will
be reflected in the Match Site Applicant Match History for one to
three years or permanently, as determined by the NRMP. Term limits
of any sanction(s) imposed for the violation will be included to identify
the length of time the action is in effect.
9.2.2
Programs
If the NRMP's investigation of an alleged violation
results in a finding that a program has committed a violation of the
applicable Match Participation Agreement, the processing of the program's
rank order list may be interrupted. The NRMP at its discretion may withdraw
the program from the Matching Program.
The NRMP's Final Report on the confirmed violation
will be delivered to the program director with copies to:
(1) the NRMP institutional official for transmittal
to the institution's graduate medical education committee
(2) the chair of the institution's graduate
medical education committee
(3) the ACGME for distribution to the respective
Program's Residency Review Committee (RRC) and the Institutional Review
Committee
(4) the respective specialty program director
association
(5) the party who originally reported the violation
(6) the NRMP Executive Committee
(7) any parties whom the NRMP has determined
are relevant to its investigation
In addition, the program may be barred from
future NRMP matches and/or identified as a match violator for one to
three years or permanently, as determined by the NRMP. The decision
conveyed in the Final Report will be reflected in the Institution and
Program Violations Report in the Match Site for one to three years or
permanently, as determined by the NRMP. Term limits of any sanction(s)
imposed for the violation will be included to identify the length of
time the action is in effect.
A program is prohibited from offering a position
to an applicant who is ineligible to accept a position in an NRMP match-participating
program because his/her waiver request has been denied or because of
a confirmed violation of the applicable Match Participation Agreement.
If a program offers a position to such applicant, or if an applicant
accepts such a position, and training would commence within one year
of the date of the NRMP's waiver decision or the date of issuance of
the Final Report, the NRMP will initiate an investigation to determine
whether the applicant or program has violated the terms of the applicable
Match Participation Agreement.
9.2.3
Institutions
If the NRMP's investigation of an alleged violation
results in a finding that a sponsoring institution has committed a violation
of this Agreement, the NRMP's Final Report on the confirmed violation
will be delivered to the NRMP institutional official with copies to:
(1) the ACGME designated institutional official,
if different
(2) the chair of the institution's graduate
medical education committee
(3) the president or chief executive officer
of the institution
(4) the party who originally reported the
violation
(5) the ACGME for distribution to the Institutional
Review Committee
(6) the NRMP Executive Committee
(7) any parties whom the NRMP has determined
are relevant to its investigation
The decision conveyed in the Final Report will
be reflected in the Institution and Program Violations Report in the
Match Site for one to three years or permanently, as determined by the
NRMP. Term limits of any sanction(s) imposed for the violation will
be included to identify the length of time the action is in effect.
10.0
Reversion of Unfilled Positions; Special Requirements
10.1
Reversion Option
The NRMP gives sponsoring institutions the option
to revert (donate) unfilled positions in one program ("a donor program")
to another program ("a receiver program") during the matching process.
If a donor program does not fill its quota, a designated number (equal
to or less than the quota) of its unfilled positions will be added automatically
to the quota of a receiver program.
Receiver programs may be located at the same
or a different institution. If the receiver is at a different institution,
the donor program submits the reversion using the Maintain Reversions
screen of the Match Site. The institutional officials at both institutions
must approve the reversion through the Approve Changes screen.
Institutions can use reversions to provide a degree of protection against
the possibility that positions in prerequisite training programs for
other institutional programs will go unfilled.
Donor programs donate a specific number of their
unfilled positions to a receiver program. The number of positions indicated
may not exceed the donor program's quota. Positions will be donated
only if they do not fill during the matching process.
Receiver programs accept a designated number
of unfilled positions from a donor program. Positions are added to the
receiver program's quota only if the donor program is unable to fill
its positions during the matching process.
10.2
Submission of Reversions to the NRMP
If a program wishes to revert positions, the
reversions must be requested by the program director through the Maintain
Reversions page and approved by that program's NRMP institutional
official on the Approve Changes page of the Match Site. Reversions
can be changed, added, or deleted by the program director or NRMP institutional
official after registration, but they must be received by the NRMP by
the rank order list certification
deadline.
10.3
Special Requirements
The Matching Program can accommodate other special
program requirements. If a special need is not addressed below, program
directors should contact the NRMP at (202) 828-0676 to determine whether
the request can be accommodated.
10.3.1 Linked and Restricted Programs
Program directors can link advanced programs
to a designated preliminary program to limit enrollment in a preliminary
program to that group of applicants who matched into a specific advanced
program. Applicants should be told to rank the advanced program on
their primary rank order lists and the preliminary program on the
supplemental rank order list that corresponds to that advanced program.
In addition, the preferred applicants must be ranked on the rank order
lists of both the advanced program and the preliminary program. During
the matching process, the preliminary program will be considered only
if the applicant matches to the advanced program and the preliminary
program appears on a supplemental rank order list associated with
the linked advanced program. Because of this restriction, the preliminary
program will not appear in the List of Unfilled Programs of
the NRMP match results.
10.3.2 Even / Odd Quotas
Programs that must match to an even (2, 4,
6, etc.) or an odd (1, 3, 5, etc.) number of candidates can so indicate
on the Maintain Program Information page of the Match Site.
This restriction is typical in the instance of combined programs (e.g.,
Medicine/Pediatrics, Medicine/Emergency Medicine, Pediatrics/Physical
Medicine and Rehabilitation, etc.,) that, because of the structure
of the residency schedule, cannot accommodate an uneven number of
residents.
10.3.3 Reversion Sequencing
Some programs elect to revert or donate their
unfilled positions to two programs. For this type of reversion, the
NRMP must know the exact sequence in which the unfilled positions
are to be reverted. The sequence of reversions is entered on the Maintain
Reversions page.
11.0 Fees and
Fee Refunds
11.1
Institution and Program Fees
Each sponsoring institution must pay an institution
registration fee, a program registration fee for each of its registered
programs, and a matched applicant fee for each applicant with whom a
program matches successfully. The NRMP will send an invoice to the institution
for those fees, which must be paid within thirty (30) days of the invoice
date. After the conclusion of a match, an invoice for all incurred expenses,
registration fees, and matched applicant fees will be issued by the
NRMP to the institutional official, who will be responsible for ensuring
prompt payment.
11.2
Fee Payment Procedures
All fees must be paid in U.S. dollars by credit
card or by check or money order drawn on a U.S. bank made payable to
the NRMP. By electing to pay by credit card, the institution authorizes
the NRMP to supply the cardholder's bank with information it requires
about this Agreement in order to resolve inquiries regarding related
credit card charges. The NRMP may attempt to contact the institution
if the institution's check is returned or its credit card is not approved.
If the credit card is not approved for the amount necessary to cover
the applicable fees or if the check is returned, the institution and
all of its programs will be barred from future NRMP matches, unless
payment or replacement card information is received by the NRMP and
processed successfully prior to the scheduled opening of the Match Site
for registration for such future matches.
11.3
Fee Refunds; Overdue Fees
The basic registration fees paid by institutions
and programs are not refundable. Subsequent withdrawal of a program
or its sponsoring institution does not void the institution's financial
obligation to pay the non-refundable registration fees. However, overpayments
will be refunded upon request.
Institutions and programs that owe fees for
any previous match or whose sponsoring institution owes fees for any
previous match year will be barred from future matches unless payment
is received by the NRMP and processed successfully prior to the scheduled
opening of the Match Site for registration for such future matches.
12.0 Use
of Information
The NRMP releases individual applicant match results
to each program that ranked the applicant on its ROL and, in the case
of any program participating in a specialty match, to its specialty program
director association's liaison to the NRMP, and to those program directors
who request such information to verify whether the applicant was matched.
The match results of U.S. medical school students and graduates, U.S.
osteopathic school students and graduates, and Canadian students and graduates
also are released to their respective schools of medicine or osteopathy.
In addition, each sponsoring institution authorizes
the NRMP to use any information provided to the NRMP by such institution
or any of its programs in any study approved by the NRMP, provided that
no information clearly and uniquely identifiable with such institution
or program is disclosed in reports resulting from such study.
13.0
Representations and Warranties
Each sponsoring institution represents and warrants
to the NRMP, on behalf of itself and all of its programs, that all of
the information provided, or that will be provided, by such institution
and each of its programs to the NRMP is complete, timely, and accurate
to the best of such institution's knowledge at the time such information
was or will be provided and at the time of certification of each such
program's rank order lists.
14.0
Disclaimers
The parties acknowledge that the fees charged by
the NRMP for participation in the Matching Program include no consideration
for any assumption by the NRMP of the risk of any damages that may arise
in connection with the participation of any institution's programs in
the Matching Program or utilization of the Match Site.
(a) the NRMP,
(b) the current managing agent for the NRMP,
the Association of American Medical Colleges, or any successor managing
agent (the "Managing Agent"),
(c) any vendor providing equipment, software,
or services to the NRMP or the Managing Agent ("Vendor"), nor
(d) any director, officer, employee, affiliate,
or agent of the NRMP, the Managing Agent, or any Vendor,
will be liable for any loss, damage, cost, or
expense whatsoever, direct or indirect, regardless of the cause, that
may arise out of, or be in any way related to, the use of the Matching
Program, the Match Site, or the automated systems and services utilized
by the NRMP or the Managing Agent to implement the Matching Program
or to send notices, including, but not limited to: (a) the suspension
or termination of, or the inability to use, all or any part of the Match
Site; (b) the erroneous transmission of any data or the transmission
of any erroneous data; (c) any failure or delay suffered or allegedly
suffered by any party in receiving or sending any rank order list or
other information or in certifying a rank order list, however caused;
(d) the delivery or transmission of any virus, worm, or other disruptive
device; or (e) any other cause in connection with the furnishing of
services or notices by the NRMP or the Managing Agent or the performance,
maintenance, or use of, or inability to use, all or any part of the
Match Site. The foregoing will apply regardless of whether a claim arises
in contract, tort, negligence, strict liability, or otherwise.
The automated systems and services utilized by
the NRMP or the Managing Agent to implement the Matching Program and
the Match Site are provided "AS IS" and "AS AVAILABLE." NONE OF THE
NRMP, THE MANAGING AGENT, ANY VENDOR, OR ANY OF THEIR DIRECTORS, OFFICERS,
AGENTS, EMPLOYEES, OR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION
OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SERVICES, THE
MATCH SITE, OR THE MATCHING PROGRAM, OR TO THE ACCURACY, COMPLETENESS,
SECURITY, TIMELINESS, OR RELIABILITY OF THE INFORMATION TO WHICH ANY
PARTY HAS ACCESS OR TRANSMITS OR RECEIVES THROUGH THEM OR THROUGH ANY
OTHER AUTOMATED SYSTEM. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY
EXCLUDED. No oral or written information or advice given by the
NRMP, the Managing Agent, any Vendor or any of their directors, officers,
agents, affiliates, or employees will create a warranty, and no party
may rely on any such information or advice. There is no assurance that
the information the parties have access to through the Match Site will
be accurate, complete, secure, timely, or reliable, or that the Match
Site or the automated services utilized by the NRMP or the Managing
Agent will be error-free or operate without interruption. In particular,
and without limiting the generality of the foregoing, the NRMP makes
no warranty that certified rank order lists processed through use of
such automated services will be properly executed. Each program and
applicant is solely responsible for verifying that its/his/her certified
rank order list has been duly entered and certified.
15.0 Limitation of
Liability
IN NO EVENT WILL THE NRMP, THE MANAGING AGENT,
OR ANY VENDOR OR AFFILIATE BE LIABLE FOR ANY DAMAGES AS A RESULT OF ANY
NEGLIGENT ACT OR OMISSION OF THE NRMP, THE MANAGING AGENT, OR ANY VENDOR
OR AFFILIATE, IRRESPECTIVE OF WHETHER THE INJURED PARTY IS AN INSTITUTION,
A PROGRAM, OR A THIRD PARTY.
16.0 Notices
All notices to the NRMP, other than those given
in accordance with Section 9.0, must be
given either by email at nrmp@aamc.org
or through the Match Site and are effective upon receipt. The NRMP is
not responsible for delays in email or Internet service. Any notices
or documents received by the NRMP after the relevant deadline date will
not be considered.
All notices to institutions or programs, other
than those given in accordance with Section
9.0, will be given either by email to the email address provided by
such party to the NRMP upon submission of such party's registration at
the Match Site or through the Match Site while the institution or program
is logged on to the site. Such notices to institutions or programs given
by email will be deemed given twenty-four (24) hours after sending, unless
the sending party is notified that the email address is invalid or that
the message was not delivered. All notices given during an institution's
or program's session on the Match Site will be deemed given at the time
of such session.
17.0 Dispute Resolution
Except for the granting or denial of a waiver as
noted in Sections 4.5 and 5.6 of this Agreement, all disputes arising
out of, or related to, the Matching Program, this Agreement, or the breach
thereof, between or among the NRMP and any applicant or program participating,
or seeking participation, in the Matching Program must be settled by arbitration
in accordance with the Commercial Arbitration Rules of the American Arbitration
Association then in effect, unless the parties to the dispute mutually
agree otherwise. Notwithstanding the foregoing, no arbitrator shall have
power to adjudicate any dispute as a class arbitration or as a consolidated
arbitration without the express consent of all the parties to any such
dispute. Notice of the demand for arbitration must be filed in writing
with all other parties to the arbitration and with the American Arbitration
Association. A demand for arbitration in a matter that is covered by the
Violations Policy must be made in accordance
with the Violatons Policy. The arbitrators must conduct all arbitration
proceedings in the Office of the NRMP in Washington, DC or at such other
location in Washington, DC as mutually agreed upon by the parties. Each
party will share equally in the cost of arbitration, except that the party
requesting arbitration must pay the filing fee in its entirety. The burden
shall be on the applicant or program to demonstrate by clear and convincing
evidence that an adverse decision by the NRMP was without basis-in-fact
or in violation of the applicable Match Participation Agreement. The award
by the arbitrator or arbitrators will be final and must be in writing.
Judgment upon the award rendered may be entered in any court having jurisdiction
thereof, so long as the arbitrators acted in good faith. The arbitrator
shall not have the power to make an award that is inconsistent with the
provisions of this Agreement or with District of Columbia substantive
law.
18.0
Limitation of Action
No claim or cause of action, regardless of form,
arising out of or related to the Matching Program, the Match Participation
Agreement Among Applicants, the NRMP, and Participating Programs, or the
breach thereof, this Agreement, or the breach thereof, or any other dispute
between the NRMP and any applicant, program, or institution participating,
or seeking participation, in the Matching Program, may be brought in an
arbitral, judicial, or other proceeding by any party more than 30 calendar
days after the cause of action has accrued, regardless of any statute,
law, regulation, or rule to the contrary ("Limitation Period"). The Limitation
Period shall commence the day after the day on which the cause of action
accrued. Failure to institute an arbitration proceeding within the Limitation
Period will constitute an absolute bar and waiver of the institution of
any proceedings, whether in arbitration, court, or otherwise, with respect
to such cause of action. A cause of action that has become time-barred
may not be exercised by way of counter claim or relied upon by way of
exception.
In addition, any party who desires to contest
a decision of a Review Panel of the NRMP must notify the NRMP of its intent
to seek arbitration within 10 business days from that party's receipt
of the Panel's report and must file a demand for arbitration within 30
calendar days of receipt of such report, in accordance with the terms
of the Violations Policy. If notice of a
party's intent to seek arbitration is not received by the NRMP within
10 business days from that party's receipt of the Review Panel Report,
or if the party does not file a demand for arbitration within 30 calendar
days of receipt of the Review Panel Report, that party is deemed to have
waived and is barred from later filing a demand for arbitration or seeking
other relief.
19.0 General
This Agreement is governed by the laws of the District
of Columbia, excluding its choice of laws provisions.
The headings of the Sections of this Agreement
have been inserted for convenience of reference only and shall in no way
restrict or otherwise affect the construction of the terms or provisions
of this Agreement. Unless indicated otherwise, references in this Agreement
to Sections are to Sections of this Agreement.
If any provision of this Agreement is found in
any arbitration proceeding or by any court of competent jurisdiction to
be invalid, illegal, or unenforceable, that provision shall be modified
to the minimum extent necessary to achieve the purpose originally intended,
if possible, and the validity, legality, and enforceability of the remaining
provisions will not be affected or impaired and are to be enforced to
the maximum extent permitted by applicable law. If any remedy set forth
in this Agreement is determined to have failed of its essential purpose,
then all other provisions of this Agreement will remain in full force
and effect.
Failure of any party to act or exercise its rights
under this Agreement upon the breach of any other terms hereof by any
other party is not to be construed as a waiver of such a breach or prevent
such party from later enforcing compliance with any or all of the terms
hereof. This Agreement contains the entire agreement between the parties
with respect to the Matching Program and its results. Any representations,
promises, or conditions not incorporated in this Agreement will not be
binding upon any of the parties. No modification of this Agreement shall
be effective unless in writing and executed by the party against whom
it is to be enforced.
Updated July 2009
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