Match Participation Agreement
for Applicants & Programs
For the 2012 Main Residency Match
Terms and Conditions of the Match
Participation Agreement Among Applicants,
the NRMP, and Participating Programs
These are the terms and conditions of the Match Participation Agreement that each applicant and program desiring to participate in the Main Residency Match 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 party and the NRMP, as well as between such party and any other party who executes this Match Participation Agreement and whose registration is accepted by the NRMP.
If the NRMP accepts the registration of the applicant or program in question, the NRMP will register the applicant or program, as the case may be, in the NRMP Matching Program, as described briefly in Section 1.0 below. In consideration of this registration, each applicant and program agrees to comply with all of the terms and conditions of this 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 Applicants
2.1 Eligibility
2.2 Categories of Applicants
2.2.1
Sponsored Applicants
2.2.2
Independent Applicants
2.2.3
Couples
2.2.4
Applicants Seeking Shared-Residency Positions
2.3 Verification
of Credentials of Independent Applicants
2.4 Withdrawals
2.4.1
Withdrawal by the Applicant
2.4.2
Withdrawal of Applicants by the NRMP
2.4.3
Withdrawal Deadlines/Fee Refunds
2.5 Waiver of the Match Results
3.0 Programs
3.1 Eligibility
3.2 Categories of Program
Positions
3.3 Withdrawals /
Fee Refunds
3.4 Waiver of the Match
Results
3.5 Program
Closures and Reductions in Resident Complement
4.0 Communications
4.1 Among Applicants, Programs,
and the NRMP
4.2 Schedules and Deadlines
4.3 Restrictions on Use
of Match Information
4.4 Completeness, Timeliness,
and Accuracy of Information
4.5 Confidentiality
5.0 Matching and Appointing Rules
5.1 Match Commitment
5.2 Rank Order List Certification
5.3 Program Changes
6.0 Restrictions on Persuasion
7.0 Match Week Supplemental Offer and Acceptance
Program
7.1 Participation:
Applicants
7.2 Participation:
Programs
7.3 Match Week Communications
8.0 Match Violations
8.1 NRMP Violations Policies
and Procedures
8.2 Consequences of Confirmed
Violations
8.2.1
Applicants
8.2.2
Programs
9.0 Fees and Fee Refunds
9.1 Applicant Fees
9.1.1
Applicant Registration Fee
9.1.2
Rank Order List Fee
9.1.3
Couples' Fee
9.1.4
Unpaid Applicant Fees
9.2 Institution and
Program Fees
9.3 Fee Payment Procedures
9.4 Fee Refunds;
Overdue Fees
11.0 Representations and Warranties
1.0 Introduction to the Matching Program
The Matching Program is a system for the confidential ranking and selection of applicants to graduate medical education program residency positions. 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. In addition, programs participating in the Matching Program agree to select senior students of U.S. allopathic medical schools only through the Matching Program. 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 applicants and programs who have registered with the NRMP and agreed to abide by the terms of this Agreement may participate in the 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. Under the Matching Program, applicants are either "matched" to programs using the certified rank order lists of the applicants and programs or they obtain positions during the Supplemental Offer and Acceptance Program (SOAP) that occurs during Match Week. Match Week is the period of time when applicants and programs learn the results of the Matching Program, beginning at 12:00 p.m. eastern time on Monday and ending at 5:00 p.m. eastern time on Friday. A match between an applicant and a program or a position offered and accepted during SOAP constitutes a binding commitment between the two parties in accordance with the terms of this Agreement. Any breach of that commitment may result in adverse consequences to the breaching applicant or program, as described in Section 8.0.
The NRMP seeks to maintain 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.
To participate in the Matching Program, prior to the scheduled start date of the position(s) for which the applicant is applying, the applicant 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 this Agreement hereby affirms that he or she will meet those requirements prior to the applicable program start date.
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.
Applicants to the Matching Program are either sponsored or independent and may register to be treated as a couple or to match with a shared-residency position, as described below.
The term "sponsored applicant" refers to an applicant who is a student enrolled in a medical school accredited by the Liaison Committee on Medical Education ("LCME") whose dean has determined that the applicant is eligible to participate in the Matching Program.
The term "independent applicant" refers to an applicant who is either:
(a) A physician who is a graduate of a medical school that is accredited by the LCME at the time of graduation;
(b) A student enrolled in, or a graduate of, a medical school accredited by the Committee on Accreditation of Canadian Medical Schools;
(c) A student enrolled in, or a graduate of, a school accredited by the American Osteopathic Association;
(d) A student enrolled in, or a graduate of, a school outside the United States and Canada not accredited by the LCME, the Committee on Accreditation of Canadian Medical Schools, or the American Osteopathic Association; or
(e) A student enrolled in, or a graduate of, a Fifth Pathway program.
Independent applicants who registered for the Matching Program in a prior year may not reactivate their registrations. They must register again in the current match year in order to participate in the Matching Program.
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.
2.2.4 Applicants Seeking Shared-Residency Positions
A few programs participating in the Matching Program offer shared-residency positions. To review the NRMP procedures with respect to individuals who wish to seek shared-residency positions, click here. Two applicants who seek a shared-residency position will be assigned a single code and may submit only one rank order list for the shared positions where both applicants agree to be matched. If the pair is matched, both applicants are committed to accepting the matched position, in accordance with the terms of this Agreement.
If two applicants who register as a pair do not obtain a match for a shared-residency position, the Matching Program will not try to find a separate match for either of them individually.
2.3 Verification of Credentials of Independent Applicants
The credentials of independent applicants will be verified by the NRMP as summarized below.
The NRMP will verify the credentials of independent applicants described in Sections 2.2.2 (a), (b), and (c) with their respective schools. The NRMP will verify Fifth Pathway program enrollment with the respective LCME-accredited medical school for applicants described in 2.2.2 (e) who have completed, or are in the process of completing, such a program. Independent applicants described in Section 2.2.2(d) must submit either:
- A notarized copy of a full and unrestricted license to practice medicine in a U.S. jurisdiction; or
- An Educational Commission for Foreign Medical Graduates ("ECFMG") candidate number. The NRMP will verify that the applicant has completed the necessary requirements for ECFMG certification.
The NRMP will notify all independent applicants whose credentials cannot be verified and will provide them an opportunity to substantiate their credentials. All verifications must be completed before the rank order list certification deadline.
2.4.1 Withdrawal by the Applicant
Independent applicants may withdraw from the Matching Program, but only if the NRMP receives their withdrawal request prior to the 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 certification deadline shall be a breach of this Agreement and may subject the applicant to the penalties described in Section 8.0. Applicants in the Matching Program are prohibited from discussing, interviewing for or accepting a position through any other national matching service or by agreement outside the Matching Program after the rank order list certification deadline.
A sponsored applicant may withdraw from the Matching Program only through his or her NRMP medical school official. In addition, if the NRMP official of the sponsoring medical school determines that a sponsored applicant is ineligible to enter graduate medical education on July 1 in the year of the Match, the school shall revoke its sponsorship of that individual and notify the NRMP prior to the rank order list certification deadline through the Match Site Withdrawal screen for schools. If the NRMP official of the sponsoring medical school determines after the Match results have been released that a sponsored applicant is ineligible to enter graduate medical education on July 1 in the year of the Match, the school shall immediately notify the NRMP in writing. NRMP medical school officials shall determine the eligibility of their sponsored applicants to enter graduate medical education prior to the rank order list certification deadline.
A sponsored applicant who has been withdrawn may accept a position outside the Matching Program only if that training will begin between July 1 and February 1 in the year immediately following the Match; however, if the student elects to participate in the Match the following year, he/she will be a sponsored applicant.
2.4.2 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) Independent applicants whose credentials cannot be verified by the NRMP, as described in Section 2.3. If an independent applicant is withdrawn because the applicant is ineligible to enter graduate medical education on July 1 in the year of the Match, (a) the applicant's rank order list shall not be used when the matching algorithm is processed, and (b) the applicant will not be eligible to participate in the Match Week Supplemental Offer and Acceptance Program (SOAP) unless by 5:00 p.m. eastern time on the Wednesday prior to Match Week the applicant becomes eligible to enter graduate medical education on July 1 in the year of the Match. An independent applicant who is not eligible to enter graduate medical education on July 1 in the year of the Match (a) may submit applications to non match-participating programs no earlier than 2:00 p.m. eastern time on Monday of Match Week; (b) may accept a position in a non-NRMP-match participating program no earlier than 12:00 noon eastern time on Wednesday of Match Week; and/or (c) may seek a position in an NRMP match-participating program no earlier than 5:00 p.m. eastern time on Friday of Match Week.
(b) Sponsored applicants whose graduation from an LCME-accredited medical school is not verified by such medical school. If a medical school revokes its sponsorship of a sponsored applicant because the applicant is ineligible to enter graduate medical education on July 1 in the year of the Match, (a) the applicant's rank order list shall not be used when the matching algorithm is processed, and (b) the applicant will not be eligible to participate in SOAP unless by 5:00 p.m. eastern time on the Wednesday prior to Match Week the applicant becomes eligible to enter graduate medical education on July 1 in the year of the Match. A sponsored applicant who is not eligible to enter graduate medical education on July 1 in the year of the Match (a) may submit applications to non match-participating programs no earlier than 2:00 p.m. eastern time on Monday of Match Week; (b) may accept a position in a non-NRMP-match participating program no earlier than 12:00 noon eastern time on Wednesday of Match Week; and/or (c) may seek a position in an NRMP match-participating program no earlier than 5:00 p.m. eastern time on Friday of Match Week.
(c) Applicants registered with the Matching Program who receive positions in programs sponsored by the US military services prior to the rank order list certification deadline. Such applicants will be ineligible to participate in SOAP.
(d) Applicants registered in both the Canadian Resident Matching Service ("CaRMS") and the Matching Program who match through CaRMS to a concurrent year position. In those years in which CaRMS has an earlier schedule, individuals who match through CaRMS will automatically be ineligible to match to and participate in SOAP for concurrent year NRMP positions.
(e) Applicants registered in both the American Osteopathic Association ("AOA") matching service and the Matching Program who match through the AOA Match to a concurrent year PGY-1 or PGY-2 position. Due to its earlier schedule, individuals who match through the AOA will be automatically ineligible to match to and participate in SOAP for concurrent year NRMP positions.
(f) Applicants who obtained advanced positions to begin in the current match year, either through the NRMP Specialties Matching Service or the prior NRMP Main Residency Match, who have not received a waiver of the match commitment to the advanced position. Those applicants will be eligible for the Matching Program only if the appropriate waiver request is received and approved by the NRMP prior to the rank order list certification deadline.
(g) 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. 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.
(h) 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.
2.4.3 Withdrawal Deadlines/Fee Refunds
Applicants may not withdraw from the Matching Program after the 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.
2.5 Waiver of the Match Results: Applicants
Applicants and programs are not authorized to release each other from their binding commitment. Once a party has matched or a position has been offered and accepted during the Match Week Supplemental Offer and Acceptance Program (SOAP), a waiver of the binding 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 this 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 or accepted an advanced 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 or in which the applicant accepted a position. 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 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 position.
Applicants who have matched to a program or have accpeted a position during SOAP 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 waiver. 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 this 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.
2.5.1 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 program may offer the vacant position to another qualified applicant.
2.5.2 Waiver Denials: Applicants
If the waiver is not granted to the applicant by the NRMP, the applicant will be expected to accept the position. If the applicant does not accept the 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 position, the NRMP will grant a waiver to the program so that it can recruit another qualified applicant for the position.
An applicant whose waiver request has been denied and who does not accept the position may be barred from accepting or starting a position in any program sponsored by a match-participating institution that has a start date within one year from the date of the NRMP's final decision to deny the waiver. If any program at a match-participating institution offers a position to that applicant to commence training during the one-year period, or if the applicant accepts or starts such a position, the NRMP will initiate an investigation to determine whether the applicant, the program, and/or the institution 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 8.0 of this Agreement.
To be eligible to offer positions through the Matching Program, as of the rank order list certification deadline a program must be either (a) accredited by the 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. Each program executing this Agreement hereby affirms that it will meet those requirements by the rank order list certification deadline. Sponsoring institutions that register any program 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. In addition, programs participating in the Matching Program agree to select senior students of U.S. allopathic medical schools only through the Matching Program. A program cannot enroll in the Matching Program until the institution that sponsors it has registered with the NRMP through the Match Site.
3.2 Categories of Program Positions
The following categories of positions are included in the Main Residency Match:
3.2.1 Categorical (C) PGY-1 positions in programs that provide the training required for board certification in the specialties
3.2.2 Categorical primary care positions in medicine and pediatrics (M)
3.2.3 One-year preliminary (P) positions in transitional or specialty programs
3.2.4 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)
3.2.5 Physician (R) positions in specialty programs that begin in the year of the Matching Program for physicians with prior graduate medical education
Programs may withdraw entirely or may withdraw positions, provided they do so before the program quota change deadline. Programs may not withdraw from the Matching Program or change the number of positions offered in the Matching Program after the 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 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.
3.4 Waiver of the Match Results: Programs
Programs and applicants are not authorized to release each other from their binding commitment. Once a party has matched or a position has been offered and accepted during the Match Week Supplemental Offer and Acceptance Program (SOAP), a waiver of the binding 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 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 appoinment 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.
Once a program has matched to an applicant or a position has been offered and accpeted during SOAP, the program shall not discuss, interview for, or offer the 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, or offered the 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. Programs are not authorized to recruit another candidate for the position until so notified by the NRMP.
3.4.1 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 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.
3.4.2 Waiver Denials: Programs
If the waiver is not granted to the program by the NRMP, the program will be expected to offer the position(s) to the applicant(s) included in the program's waiver request. If the program does not offer the position(s), the NRMP will initiate an investigation to determine whether the program has violated the terms of this Agreement.
If an applicant requests a waiver from the NRMP and/or informs the program of the desire for a waiver, the program shall not discuss the position with any other candidate or the applicant's eligibility with any other program or offer the position to any other candidate until either (a) the applicant has informed the NRMP in writing that he/she will not accept the 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 this Agreement.
All programs sponsored by a match-participating institution are prohibited from offering a position to an applicant who is ineligible to accept a position 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 any program at a match-participating institution offers a position to an applicant whose waiver was denied and training would commence during the one-year period, or if the applicant accepts or starts such a position, the NRMP will initiate an investigation to determine whether the applicant, the program, and/or the institution has violated the terms of this Agreement.
If the NRMP initiates an investigation to determine whether a program or applicant has violated the terms of this Agreement, the NRMP will follow the procedures set forth in Section 8.0 of this Agreement.
3.5. Program Closures and Reductions in Resident Complement
If a program has reason to close and/or reduce the number of residents, it must follow the procedures specified in Section II of the ACGME's 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.
4.1 Among Applicants, Programs, and the NRMP
Complete, timely, and accurate exchanges of information are essential to the residency application and matching process.
All changes made by a program concerning positions must be approved by the NRMP institutional official responsible for that program. The NRMP institutional official is the person designated by the institution that sponsors the program 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.
An annual Schedule of Dates is published by the NRMP and is incorporated in this Agreement by reference. Time is of the essence in this Agreement, and adherence to those dates is essential. All information must be received by the NRMP by the published deadlines.
The teaching hospitals and their programs set their own application deadlines. Applicants must comply with individual program schedules.
Unmatched applicants and programs 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 this Agreement if any registered applicant or program shares the List of Unfilled Programs with any individual who is not registered for the Main Residency 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.
4.3 Restrictions on Use of Match Information
Communication between unmatched applicants and programs with unfilled positions shall be governed by Section 7.0 of this Agreement. Matched applicants and programs may not contact each other prior to the general announcement of Main Residency Matching Program results at 1:00 p.m. eastern time on Friday of Match Week.
It is a violation of this Agreement if any applicant or program shares any match information from the secure web site, including but not limited to information from the List of Unfilled Programs and Regional Match Statistics, 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 match information. In addition, it is a violation of this Agreement if any match information from the secure web site, including information from the List of Unfilled Programs and Regional Match Statistics, is distributed or posted by any applicant or program to any web site or non-NRMP-related matching service. If the NRMP initiates a violation investigation, it shall follow the procedures set forth in Section 8.0 of this Agreement.
4.4 Completeness, Timeliness, and Accuracy of Information
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 this Agreement.
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 position. The contract and all other information must be communicated to interviewees in writing prior to the rank order list certification deadline.
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 or program has violated the terms of this Agreement, the NRMP is authorized to take appropriate action, as described in Section 8.0 including, but not limited to, withdrawing the applicant or program from the Matching Program and reporting the violation by the applicant or program to the American Board of Medical Specialties or the ACGME in accordance with Section 8.0.
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.
In addition, information contained in the NRMP's Registration, Ranking, and Results (R3) System is confidential and available only to registered applicants and program directors and other authorized users. Unauthorized use or disclosure of such information to persons not entitled to access it shall be considered a violation of this Agreement.
5.0 Matching and Appointing Rules
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 and to start training in good faith (i.e., with the intent to complete the program) on the date specified in the appointment contract. The same binding commitment is established during the Match Week Supplemental Offer and Acceptance Program (SOAP) if a program offers a position by listing an applicant on its preference list and the applicant accepts that offer. The binding commitment may be released only through the waiver procedures set forth in Sections 2.5 and 3.4 of this Agreement. 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 or its preference 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 or at the time the program interviews the applicant during SOAP. It is recommended that each program obtain a signed acknowledgement of such communication from each applicant.
Failure to honor this commitment by either party will be a breach of this Agreement and may result in penalties to the breaching program or applicant, as described in Section 8.0. An applicant who terminates or resigns a position within 45 days of the start date specified in the appointment contract shall be presumed to have breached this Agreement unless evidence is submitted to the NRMP sufficient to show that the applicant entered into the program in good faith and the applicant has a reasonable basis to be released from his commitment to the program.
Any program that discusses, interviews for, or offers a position to an applicant who has matched to or accepted a concurrent year position in another program and who has not been granted a waiver by the NRMP will be in breach of this Agreement and may be subject to the penalties described in Section 8.0. 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 appointment status in the Applicant Match History that is available in the Match Site and/or by calling the NRMP to obtain that information.
At the conclusion of Match Week, each program will forward letters of appointment to all applicants who have matched with or have accepted a position through SOAP in that program. Applicants are expected to return one copy of the letter of acceptance to the program before the deadline stated in the letter.
5.2 Rank Order List Certification
To participate in the Matching Program, programs and applicants 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 programs and 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.
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 institutional official responsible for the program making the change, as described in Section 4.1, and must be 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.
6.0 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 preferences; 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 in the Matching Program 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.
7.0 Match Week Supplemental Offer and Acceptance Program
This Agreement governs positions offered by unfilled programs and accepted by unmatched applicants during Match Week. Through 5:00 p.m. eastern time on Friday of Match Week, all positions offered by unfilled programs and accepted by eligible applicants shall be through the Match Week Supplemental Offer and Acceptance Program (SOAP) that concludes the Main Residency Match.
To be eligible to participate in SOAP, applicants must be (a) registered in the Matching Program; (b) eligible to enter graduate medical education on July 1 in the year of the Match; and (c) partially matched or fully unmatched. Applicants are deemed ineligible to participate in SOAP if they fail to meet any of the criteria listed above.
Eligibility for sponsored applicants to enter graduate medical education on July 1 in the year of the Match shall be determined by the applicant's medical school official. Eligibility for independent applicants to enter graduate medical education on July 1 in the year of the Match shall be determined by the applicant's medical school official in the case of prior year graduates of allopathic medical schools, students and graduates of osteopathic medical schools, and students and graduates of Canadian medical schools. Eligibility for students and graduates of international medical schools to enter graduate medical education on July 1 in the year of the Match shall be determined by the ECFMG. Any applicant determined to be ineligible to enter graduate medical education on July 1 in the year of the Match shall not have access to the List of Unfilled Programs.
During SOAP, fully matched eligible applicants shall not have access to the List of Unfilled Programs. Eligible partially matched and unmatched applicants will have access only to the categorical, preliminary, or advanced unfilled positions for which they are eligible, without restriction by specialty. Eligible unmatched and partially matched applicants shall apply for unfilled positions only through the Electronic Residency Application Service ("ERAS"), which will allow applicants to apply only for the positions for which they are eligible. If an applicant sends applications to programs for which he/she is ineligible or uses any method other than ERAS to contact programs, the applicant shall be in violation of this Agreement. Only unfilled Match-participating programs shall be available to eligible applicants through ERAS. Applicants determined by the NRMP to be ineligible to participate in SOAP will be able to apply only to non-Match-participating programs through ERAS beginning at 2:00 eastern time on Monday of Match Week.
Any program with unfilled positions shall be eligible to participate in SOAP. During Match Week, programs electing to participate and that have unfilled positions shall accept applications only through ERAS. During Match Week and until 5:00 p.m. eastern time on Friday of Match Week, match-participating programs shall offer unfilled positions only through SOAP. Neither filled nor unfilled programs shall create positions until 5:00 p.m. eastern time on Friday of Match Week.
Unmatched applicants shall not apply for unfilled positions before 2:00 p.m. eastern time on Monday of Match Week. Eligible unmatched applicants shall initiate contact with the directors of unfilled programs only through ERAS. Other individuals or entities shall not initiate contact on behalf of any unmatched applicant prior to contact from directors of unfilled programs. Directors of unfilled programs shall not initiate contact with unmatched applicants prior to 2:00 p.m. eastern time on Monday of Match Week and prior to receiving an application through ERAS. Unmatched applicants and the directors of unfilled programs may not accept or offer positions prior to 12:00 noon eastern time on Wednesday of Match Week. Positions shall be offered and accepted only during SOAP.
Nothing in this Agreement shall be construed to prohibit an unmatched applicant from seeking guidance from officials at the applicant's medical school or institution.
8.1 NRMP Violations Policies and Procedures
All Matching Program participants shall behave in an ethical and responsible manner during the matching process and the Match Week Supplemental Offer and Acceptance Program (SOAP), and shall comply with the terms and conditions of this Agreement. It is the policy of the NRMP to investigate alleged breaches of this Agreement, including but not limited to: failure to provide complete, timely, and accurate information during the interview, matching, and/or SOAP process; discrepancies in graduation credentials; attempts to subvert eligibility requirements or the matching or SOAP process itself; failures to offer or accept an appointment as required by the results of a match and/or SOAP; and any other irregular behavior or activity that occurs in connection with registration, the submission, or modification of a rank order list, and/or the participant's commitment to honor the match or SOAP outcome. Matching Program participants shall report to the NRMP any suspected violation of the applicable Match Participation Agreement.
The NRMP 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 this 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. Applicants or programs withdrawn under sections 2.4.2(h), 3.3, or 8.0 of this Agreement 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 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.
8.2 Consequences of Confirmed Violations
The consequences of a confirmed violation of this Agreement are set forth in the Violations Policy. They include the following:
If the NRMP's investigation of an alleged violation results in a finding that an applicant has committed a violation of this 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 an applicant is the subject of a violation investigation, the program to which the applicant matched or accepted a position 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 official, with a request that the Final Report be placed in the applicant's permanent file
(2) the Educational Commission for Foreign Medical Graduates if the applicant is a student/graduate of an international medical school
(3) the NRMP institutional official and 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 any program sponsored by a match-participating institution that would commence training within one year from the date of issuance of the Final Report. Further, any applicant who does not accept his/her position and has been denied a waiver of his/her binding commitment may be barred from accepting or starting a position in any program sponsored by a match-participating institution 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.
The NRMP has sole discretion to determine which of the sanctions described above shall be applied in the event an applicant violates this Agreement
If the NRMP's investigation of an alleged violation results in a finding that a program has committed a violation of this 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 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.
Any program at a sponsoring institution is prohibited from offering a position to an applicant who has been barred for one year from accepting a position because his/her waiver request has been denied by the NRMP or because of a confirmed violation of this Agreement. If any 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 this Agreement.
The NRMP has sole discretion to determine which of the sanctions described above shall be applied in the event a program violates this Agreement.
9.1.1 Applicant Registration Fee
The applicant must pay an applicant registration fee before the NRMP will accept the applicant's registration.
A rank order list ("ROL") fee is due from each single applicant who ranks more than 20 unique programs on the applicant's primary ROL or more than 20 unique programs on all supplemental ROLs combined, and from each partner of a couple who ranks more than 30 unique programs on the applicant's primary ROL or more than 30 unique programs on all supplemental ROLs combined. A rank order list fee shall be charged for each program included on a rank order list that exceeds the limits specified above. The Match Site will display an invoice for any rank order list fees due upon certification of the applicant's rank order list. Rank order list fees are due at the time the rank order list is certified and are not refundable if the applicant subsequently reduces the number of programs on the ROL. The applicant must make the necessary payment by credit card or bank checking account through the Match Site.
Each partner of a couple must pay a couple registration fee at the time of registering as a couple. The couples' fee is not refundable if the partners subsequently decide not to participate in the match as a couple.
Applicants whom the NRMP withdraws from the Matching Program due to unpaid fees will not be allowed access to the List of Unfilled Programs and will not be eligible to participate in the Match Week Supplemental Offer and Acceptance Program (SOAP). In addition, applicants who authorize a credit chargeback for any of the above-mentioned fees will not be allowed access to the List of Unfilled Programs or SOAP and may be barred from participation in future matches.
9.2 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 invoice the institution for those fees and all incurred expenses, which must be paid within thirty (30) days of the invoice date. The invoice will be sent to the NRMP institutional official, who will be responsible for ensuring prompt payment.
All fees must be paid in U.S. dollars by credit card or by bank checking account through the Match Site by the due date for such fees. Applicant registration fees must be paid at the time of registration. By electing to pay by credit card or checking account, each applicant authorizes the NRMP to supply the bank with information it requires to resolve inquiries regarding related credit card charges or account withdrawals. If the credit card or checking account is not approved for the amount necessary to cover the applicable fees, the applicant will not be allowed to register unless replacement credit card or checking account information is entered through the Match Site and processed successfully prior to the scheduled opening of the Match Site for rank order list entry.
The fees paid by applicants, programs, and institutions are not refundable.
Rank order lists will not be accepted from any applicant whose registration fee, or any other fees due the NRMP, have not been paid. Applicants and programs with unpaid NRMP fees will be withdrawn from the Matching Program.
Each program and applicant authorizes the NRMP to use any information provided by such program or applicant to the NRMP in any study approved by the NRMP, provided that no information clearly and uniquely identifiable with such program or applicant is disclosed in reports resulting from such study.
Each applicant also authorizes the NRMP to release applicant Matching Program results to each program that ranked the applicant on the program's ROL, to the applicant's school of medicine or osteopathy, and to those program directors who request such information to verify whether the applicant was matched.
Each applicant also authorizes the NRMP to release any information provided by such applicant to other matching programs for the purpose of ensuring the applicant does not match to concurrent year positions.
Each applicant also authorizes the NRMP to post appointment information in the Match Site Applicant Match History.
11.0 Representations and Warranties
Each program and applicant represents and warrants to the NRMP that all of the information provided, or that will be provided, by such program or applicant to the NRMP is complete, timely, and accurate to the best of such program's or applicant's knowledge at the time such information was or will be provided and at the time of certification of such program's or applicant's rank order lists. Each applicant further represents that he/she has authorized all institutions and individuals who may possess this information to disclose it to the NRMP for purposes of verification.
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 any program's or applicant's participation in the Matching Program or utilization of the Match Site.
Each party agrees that neither:
(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, this Agreement, 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 to which the parties have access 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.
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 A PROGRAM, AN APPLICANT, OR A THIRD PARTY.
All notices to the NRMP, other than those given in accordance with Section 8.0, 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, other than those given in accordance with Section 8.0, to applicants or programs will be given either by (a) email to the email address provided by such party to the NRMP upon submission of such party's registration in the Match Site or (b) through the Match Site while the applicant or program is logged on to the site. Such notices to applicants 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 by the NRMP during an applicant's or program's session on the Match Site will be deemed given at the time of such session.
Except for the granting or denial of a waiver as noted in Sections 2.5 and 3.4 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. In addition, no arbitrator shall have the power to modify any sanctions imposed by the NRMP unless (1) the arbitrator overturns a finding by the NRMP of a violation of this Agreement or (2) the arbitrator finds that the sanctions imposed by the NRMP are either arbitrary and capricious or were imposed outside of the scope of potential sanctions set forth in this Agreement and the Violations Policy. 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 Violations 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 required by the AAA Standard Fee Schedule, including the Initial Filing Fee and the Case Service Fee, and the party requesting arbitration must further file the AAA form entitled "Demand for Arbitration - Commercial". 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 this 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 may construe and interpret, but may not vary or ignore, the terms of this Agreement. 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.
No claim or cause of action, regardless of form, arising out of or related to the Matching Program, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program 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.
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 August 2011
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