The University of New Mexico and its medical school recently settled a lawsuit filed in 2011 over the university's alleged mishandling of a reported rape. The anesthesiology department's chair said the settlement caused department faculty to forgo their year-end bonuses, according to NM Political Report.
The plaintiff, a former UNM anesthesiology resident, sued the medical school in 2011 for violating the New Mexico Human Rights Act and the New Mexico Whistleblower Protection Act when the university dismissed her from its anesthesiology residency program.
The plaintiff said the university fired her after she reported a fellow resident raped her. UNM claimed they fired the plaintiff for a prescription drug problem and poor work performance, not for reporting a rape.
Here are five things to know about the settlement and its resulting repercussions on faculty compensation.
1. UNM settled the lawsuit in November for an undisclosed amount. Shortly after, Hugh Martin, MD, anesthesiology chair at the UNM Health Sciences Center, informed department faculty that the cost of the settlement effectively negated their bonuses. "I regret to inform the faculty that due to the recent legal settlement with the former dismissed problem resident, [the plaintiff], the Department had to reallocate the monies I had planned to use for a retention bonus to pay the settlement legal costs to" the plaintiff and her attorney, Dr. Martin wrote in an email to the department. He referred to the plaintiff by name.
2. The retention bonuses Dr. Martin referred to in the email are part of the medical school's incentive pay program, where faculty receive bonuses based on performance, UNM Health Sciences Center spokeswoman Alex Sanchez told NM Political Report. A portion of a faculty member's pay is held at risk and only given if they meet specific performance-based metrics, which include research, clinical and instructional activities. Each department manages its incentive compensation program differently, according to a statement. The UNM Department of Anesthesiology and Critical Care Medicine lists 46 faculty members, but it is not clear how many faculty members have lost their bonuses.
3. The settlement used funds from the anesthesiology department rather than impacting a risk fund or insurance policy, according to Ms. Sanchez. The university did not release specific dollar amounts or details due to the confidentiality of the settlement, according to a statement.
4. UNM's policy on paying for legal settlements does not indicate where the money comes from. However, it is not unheard of for an individual department to cover the costs of settlements, Ms. Sanchez said.
5. Although the anesthesiology department was responsible for paying a portion of the settlement, the department does not appear to be responsible for the university's legal fees in litigating the case.
Editor's note: This story was updated at 4:16 p.m. CST Jan. 8.