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"). This Institutional Match Participation Agreement is not binding on any
institution indicating such acceptance, however, until the NRMP has accepted
such institution's registration. Upon the NRMP's acceptance of the 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 and/or Specilties Matching Service,
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 Match Participation Institutional Agreement (also referred
to in these terms and conditions as "this Agreement").
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
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. 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 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 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.
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. The NRMP
expects all participants in the Matching Program to conduct their affairs in
an ethical and professionally responsible manner and to 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 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 all of its programs that offer positions to U.S. allopathic
senior students are enrolled in the Matching Program or another national matching
plan, and that all such programs select U.S. allopathic senior students 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 will be in
breach of this Agreement and may suffer the penalties described in Section
9.0.
2.2.5. 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.
2.2.6. 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.
2.2.7. 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
2.2.8. Ensuring that each of the institution's programs organizes a resident
or fellow selection process that is consistent with the relevant Schedule
of Dates.
2.2.9. Promptly communicating to the program directors all information sent
from the NRMP that is relevant to such program directors.
2.2.10. 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.
2.2.11. 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.
2.2.12. Arranging for prompt payment to the NRMP of all fees owed by the
institution or any of its programs.
2.2.13. 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 Eligibilty: 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 Eligibilty: 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 institution agrees that all of its programs eligible for participation
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
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 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. A decision to grant or deny a 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 he/she/it receives directly from any other participant.
Programs are expected to 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 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 shall not negotiate with or offer the matched position to another
candidate prior to or during the course of a waiver investigation. If the
NRMP receives information that a match-participating program has negotiated
with 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 this 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.
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 the matched program,
the program shall not negotiate with or offer the 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 negotiated with 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 this
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 (e.g., a teaching hospital) 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 have accepted a position through any other national matching
service or by agreement outside the Matching Program must withdraw from
the Matching Program. Failure to withdraw from the Matching Program will
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.
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 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 this 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. A decision to grant or deny a 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 he/she/it receives directly from any other participant.
The NRMP, in its 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 would cause serious hardship. 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 shall not negotiate for appointment to or accept a position
in another program prior to or during the course of a waiver investigation.
If the NRMP receives information that an applicant has negotiated for appointment
to 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
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 this 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 a position
in another NRMP match-participating program that has a start date within
one year from the date of the NRMP's decision. 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 this 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 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 institution and its programs must 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 will be considered 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.
Any program that negotiates with or offers a position to an applicant who
matched to a concurrent year position in another program and who has not been
granted a waiver by the NRMP will be in breach of the applicable Match Participation
Agreement and may be subject to penalties, as described in Section
9.0 of this Agreement. Prior to offering a position to an applicant, programs
must take reasonable steps to ascertain the applicant's match status, including
contacting the NRMP to obtain that information and verifying the applicant's
eligibility in the Applicant Match History that is available in the Match
Site.
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 undue
or unwarranted pressure. Both applicants and programs may express a high degree
of interest in each other and try to encourage future ranking decisions in their
favor, but must not solicit statements implying a commitment. Although applicants
and programs may volunteer how they plan to rank each other, it is a breach
of this Agreement to request such information. In addition, 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. It is a breach of the applicable
Match Participation Agreement for a participant in the Matching Program to make
any verbal or written contract for appointment to a concurrent year residency
position prior to the Matching Program.
9.0 Match Violations
9.1 NRMP Violations Policies
and Procedures
The NRMP requires all Matching Program participants to behave in an ethical
and responsible manner during the matching process and to 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.
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.
Withdrawn applicants or programs shall be afforded an opportunity to be heard
in accordance with the Violations Policy.
Upon withdrawing an applicant or program from the Matching Program, or 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". 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 indicates 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 up
to three years or permanently, as determined by the NRMP. The applicant
also may be barred from accepting 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 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 permanently
in the Match Site Applicant Match History. 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 by a program indicates
that a program has committed a violation of this Agreement or 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 ACGME for distribution to the respective Program's Residency
Review Committee (RRC) and the Institutional Review Committee
(3) the respective specialty program director association
(4) the party who originally reported the violation
(5) the NRMP Executive Committee
(6) 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 up to three years or permanently, as
determined by the NRMP. The decision conveyed in the Final Report will
be reflected permanently in the Program Violations Report in the Match
Site. 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.
10.0 Reversion of Unfilled Positions;
Special Requirements
10.1 Reversion Option
The NRMP gives 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 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 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 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,
wwill 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 rules of the American
Health Lawyers Association Alternative Dispute Resolution Service 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 Health Lawyers Association. A demand for arbitration in a matter
that is covered by the Violations Policy must be made in accordance with the
Violations Policy. The arbitrators must conduct
all arbitration proceedings in the Office of the NRMP in Washington, DC or at
such other location 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 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 September 2007