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FIRST AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Jeffrey Tillotson for Schyler Grodman.

Grodman v. Texas Tech University Health Sciences Center, No. 5:23-cv-00210 (N.D. Tex.) · Dkt. 21 · 2024-01-17 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

Case 5:23-cv-00210-H

Document EXHIBIT
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January 17, 2024

KAREN MITCHELL
IN THE UNITED STATES DISTRICT COURT CLERK, U.S. DISTRICT
FOR THE NORTHERN DISTRICT OF TEXAS
COURT
LUBBOCK DIVISION

SCHYLER Z. GRODMAN, M.D.,
Plaintiff,
v.
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER and DR. SAMER
ZAID-KAYLANI,
Defendants.

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Civil Action No. 5:23-cv-00210-H

FIRST AMENDED COMPLAINT
Plaintiff Schyler Grodman, M.D. (“Grodman”) files this Original Complaint against Texas
Tech University Health Sciences Center and Dr. Samer Zaid-Kaylani (together “Defendants”),
because Defendants discriminated against Grodman based on his disability, and hereby states as
follows:
I.
1.

JURISDICTION AND VENUE

This Court has federal-question jurisdiction under 28 U.S.C. §§ 1331 and

1343(a)(3)-(4), as this matter arises under the Constitution and laws of the United States.
2.

Venue is proper in the Northern District of Texas, Lubbock Division, because the

causes of action alleged occurred within this District.
3.

Plaintiff timely filed a charge of discrimination with the Equal Employment

Opportunity Commission (“EEOC”). The EEOC issued a right to sue letter on June 13, 2023. See
Ex. A (EEOC Determination and Notice of Rights). Plaintiff filed this suit within (90) days of
receiving the Notice of Right to Sue from the EEOC.

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II.
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THE PARTIES

At all relevant times, Grodman was a resident of the State of Texas. Grodman

resides in the State of New Jersey.
5.

Defendant Tech University Health Sciences Center (“Texas Tech” or the

“University”) is a state-related university which receives federal financial assistance located at
3601 4th Street, Lubbock Texas 79430.
6.

Defendant Dr. Samer Zaid-Kaylani (“Kaylani”) is an individual who was employed

by Defendant Texas Tech University as the Director of the Pediatric Residency Program and, upon
information and belief, is a Texas resident now residing in or near Dallas County. Defendant
Kaylani is sued solely in his individual capacity for certain claims for relief and for his ultra vires
acts, as set forth below.
III.

PERTINENT TEXAS TECH OPERATING POLICIES AND PROCEDURES
7.

Defendant Texas Tech University Health Sciences Center has adopted operating

policies and procedures to “ensure full and equal access to individuals with disabilities to all Texas
Tech University Health Sciences Center (TTUHSC or University) programs.” Health Sciences
Center Operating Procedure, § 51.04 (Nov. 27, 2019).
8.

Texas Tech’s operating procedure further states that “TTUHSC is committed to the

full inclusion of all qualified individuals. As part of this commitment, persons with disabilities
will not be subject to discrimination or denied full and equal access to academic programs,
employment, activities, benefits, and services offered by the University on the basis of their
disability. This policy applies to all students, employees (faculty, staff, or student), patients,
volunteers, and visitors.” Id. (emphasis added).

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The definitions of “disability,” “qualified individual,” and “reasonable

accommodation” under Texas Tech policy substantially mirror federal requirements under the
Rehabilitation Act.
a. Disability – A physical or mental impairment that substantially limits one or more major
life activities, a record of such an impairment, or being regarded as having such an
impairment.
b. Qualified Individual – An individual who, with or without reasonable accommodation,
has the requisite skills, experience, and knowledge, and can meet all essential requirements
of their program or perform all essential functions of their job/position.
c. Reasonable Accommodation – A modification or adjustment that:
(1) Will enable a qualified individual to participate in a Program and does
not make a fundamental alteration to Program requirements; or
(2) Will enable an individual to participate in the application process or to
perform essential job functions; or
(3) Will allow equal access to University Programs; and
(4) Does not create an undue hardship for the University.
10.

Under its policies, Texas Tech has the affirmative obligation to support disabled

individuals. See e.g., 51.04 (3)(b)(1), (2), and (5). “The University has a responsibility to identify
and maintain standards that are fundamental to its Programs while still ensuring access for
qualified individuals with disabilities. In meeting these obligations, the University: (1) Will
identify and establish the abilities, skills, and knowledge necessary for initial and ongoing
participation in its Programs, including employment, and evaluate individuals on that basis; (2)
Will inform individuals about the availability of accommodations . . . (5) Will make reasonable
modifications to the environment, policy, or practice, and/or provide reasonable auxiliary aids or
services.” Id. (emphasis added).
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Texas Tech policy includes provisions explicitly obligating Texas Tech to keep

disabled individuals informed about their rights and about the procedures available for submitting
complaints or appealing a “university decision.” See 51.04(3)(a)(7); see also 51.04 (3)(b)(7)
(stating that Texas Tech “will inform the [disabled] individual of the availability of any appeals or
complaint processes.”) (emphasis added).
IV.
12.

VICARIOUS LIABILITY-RESPONDEAT SUPERIOR

Whenever in this pleading it is alleged that Defendant or its agents or employees

did any act or thing, or failed to do any act or thing, it is meant that Defendant’s vice principals,
officers, Clinical Competency Committee (“Committee”) members, servants, employees, agents,
or representatives did any act or thing, or failed to do such act or thing, or that such act or thing or
omission was done in the course and scope of that person’s employment at Defendant, and/or in
the furtherance of Defendant’s interests, or with the full authorization, permission, tolerance,
and/or ratification of Defendant, was done in the normal routine of the accepted, tolerated, or
permitted conduct, customs, and/or practices of Defendant’s officers, owners, servants, employees,
and/or representatives.
13.

Defendant’s discriminatory actions against Grodman in the relevant period were

principally brought about by and through Dr. Samer Zaid-Kaylani (“Kaylani”), the former director
of Defendant’s Pediatrics Residency Program, and various members of Defendant’s faculty and
Committee including: Dr. Anders Leverton, Dr. Smita Bhaskaran, Dr. Shannon Dr. Herrick, Dr.
Stacy Steans, Dr. Srilatha Alapati, Dr. Olubunkunola Adesanya, Dr. Muhammad Subhani, Dr.
Enas Shanshen, Dr. Johnnie Faircloth, Dr. Jenda Arawiran, Dr. Alison Lunsford, and Dr. Mandy
Griffin.

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V.
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FACTS

Grodman’s Disabilities and Symptoms.
14.

Grodman is disabled and has been diagnosed with the following conditions:

attention deficit hyperactivity disorder (“ADHD”), Autism Spectrum Disorder (“ASD”),
depression, and social anxiety. Grodman was clinically diagnosed with ADHD when he was three
years old and has taken ADHD medication for his condition since he was five. At the time of
Grodman’s dismissal by Defendant, he was at the near maximal 24 hour recommended dosage of
his medication.
15.

Grodman’s disability includes the combination of the effects of Grodman’s ADHD,

along with his ASD, anxiety, and depression diagnosis—all of which impact Grodman’s major life
activities separately and by exacerbating Grodman’s symptoms related to his ADHD.
16.

Grodman’s ADHD substantially limits one or more of Grodman’s major life

activities, including his learning, memory, sleep, and productivity. In its active state, and in the
absence of mitigating measures like sufficient medication, Grodman’s ADHD condition
significantly limits Grodman’s major life activities. It severely restricts Grodman’s concentration
and memory. Grodman’s ADHD medication also impacts and affects his major life activities
including work and his personal life. Grodman’s common ADHD symptoms include depression,
anxiety, social withdrawal, impaired concentration, memory problems, fatigue, and physical and
emotional reactions, including increased negative symptoms as the medication’s effect wears or
when the dosage is insufficient (causing Grodman to have to adjust dosages from time to time).
In addition, the medication has side effects that substantially limit his sleeping and wakefulness.
17.

As a consequence of his disabilities, Grodman sometimes requires accommodations

in the form of extended time to complete particular tasks. And based on the facts above, at all
relevant times, Grodman was a person with an “actual” disability, a “record of” disability, and a
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“regarded-as” disability, as defined by federal statutes, including Section 504 of the Rehabilitation
Act, the ADA as amended, and by Chapter 21, as amended.1
18.

In spite of these diagnoses, and with reasonable accommodations, Grodman

completed his undergraduate at the University of Pennsylvania, a Pre-Med Post-Baccalaureate
Program at Columbia University, and medical school at the College of Physicians and Surgeons
at Columbia University, where he also received a masters degree. He also obtained
accommodations from the USMLE/NBME for the Step examinations and graduate school
admissions testing.
B.

Relevant Employment and Time Period.
19.

Defendant operates a Pediatric Residency Program (hereinafter the “Program”), the

mission and purpose of which is education. Residents of the Program are employed by Defendant.
Grodman was hired by Defendant to work in the Program as a Resident in 2019. Defendant
terminated Grodman’s employment on or around January 7, 2022. The acts of discrimination and
retaliation at the basis of this complaint occurred from the time of Grodman’s hiring by Defendant
to the date that Grodman’s termination was reviewed and wrongfully upheld by Defendant’s
Appeal Review Subcommittee, on or around April 2022. During all relevant times, Kaylani
remained the Program Director.
20.

As a Resident of the Program, Grodman’s duties (at the time the discrimination

occurred) included being responsible for coordinating the care of multiple pediatric patients on the
team Grodman was assigned to. Grodman also performed the initial assessments of the patients
and actively participated in all aspects of pediatric patient treatment and care, including history

1

Section 504 of the Rehabilitation Act, codified as 29 U.S.C. § 794, notes that the standards used
to determine whether discrimination has taken place shall be the standards applied under Title I of
the Americans with Disabilities Act. 29 U.S.C. § 794(d).
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and physical, diagnostic and therapeutic planning, procedures, writing orders, interactions with
family, and maintaining medical records.
C.

Defendant’s Awareness of Grodman’s Disability.
21.

During the first two years, Kaylani also worked extensively with Grodman as the

program director. Kaylani asked questions about Grodman’s health conditions and disabilities.
At one point, Kaylani even confessed that Grodman shared attributes with his daughter, describing
them as both bright but with “social issues.” Grodman was uncomfortable sharing details of his
disabilities but disclosed his diagnosed disabilities, including his ADHD diagnosis, his struggle to
adjust his medications, and the nature of the impact that his disabilities had on his personal life
and work.
22.

Since the beginning of his work, Grodman also disclosed that he received

accommodations including extra time on all standardized testing and all USMLE exams, to which
Kaylani expressed no knowledge. Grodman also disclosed his disability to his designated mentor,
Dr. Sharon Herrick (“Herrick”) who was and remains the Chair of the Pediatrics Department at
Texas Tech-Amarillo as well to Dr. Angelo Wong (“Wong”), a development Pediatrician during
his rotation through her service in his first year of residency.
23.

Upon information and belief, Kaylani also informed all program leadership about

Grodman’s disabilities, or all program leadership became aware of Grodman’s disabilities
independently. Thus, Defendant no doubt had knowledge of Grodman’s disabilities, or otherwise
recognized his behaviors as symptomatic of his disabilities. See, e.g., February 7, 2021, email from
Dr. Shanshen (a member of the leadership committee of Defendant) observing that “I think there
are some behavioral/psychiatric issues as well that might be affecting [Grodman’s] performance.”
(emphasis added).

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Defendant was aware of Grodman’s disabilities and the impact those disabilities

had on Grodman’s ability to perform his obligations. During Grodman’s first two years of his
residency, and after Grodman disclosed the nature of his disabilities to Defendant, Grodman
received several informal accommodations from Defendant. Kaylani also knew that Grodman had
been given extra time on exams throughout medical school and on all licensing examinations.
With this knowledge, Defendant, by and through Kaylani, represented to Grodman that no such
accommodations were necessary, and that the results of the internal examinations were for
educational purposes only and that those scores “would never be used against [Grodman].”
Finally, Defendant also knew that Grodman was already on ADHD medication and that, given the
duration of action of the medications, long stretches of scheduled work needed to be carefully
monitored.
25.

Given Defendant’s knowledge of Grodman’s disabilities, and especially during

Grodman’s second year, Defendant provided informal accommodations tailored to Grodman’s
disabilities and requests, including but not limited to:

26.

•

additional regular meetings with Grodman’s mentor;

•

supervised calls and close monitoring, including additional review of all
orders;

•

built-in, additional, detailed feedback from faculty and supervisors, (which
Grodman continually requested);

•

major scheduling
scheduling;

•

planned, additional Committee meetings to discuss Grodman’s progress;
and

•

supplemental meetings, phone calls, and talks to discuss call preparation.

adjustments,

including

accommodated

rotation

With the help of these tailored accommodations, and through his own

determination, Grodman’s work performance during his first two years of residency was
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satisfactory (Grodman was promoted twice). And given these prior experiences, Dr. Grodman
reasonably expected the Program to be responsive and collaborative regarding accommodations.
27.

At the end of his second year, Grodman was fully supported for competitive

fellowship applications. In fact, after Grodman’s successful promotion to the third and final year
of his residency, both Kaylani, the Department Director, and Dr. Herrick, the Department Chair,
wrote positive letters of recommendation supporting Grodman’s candidacy for a post-graduation
pediatric fellowship.
D.

Grodman’s Final Year of Residency.
28.

On August 28, 2021, during Grodman’s final year of residency, Grodman tore his

Achilles tendon during a soccer game organized by Kaylani. Despite the injury, Grodman fulfilled
full duties as a resident, using a walking boot, until surgery, after which he requested and was
given time off. Afterward, Grodman was limited to utilizing a scooter to always get around until
early October when he was permitted to use crutches. At that time, he needed to undergo physical
therapy until around Thanksgiving without any diminution of responsibilities.
29.

In addition, from September 8, 2021, to October 14, 2021, Grodman had almost a

dozen post-residency fellowship interviews, which required extensive preparation and often lasted
all day. Post-residency fellowship programs are extremely competitive and the placement of
residents in such fellowship programs has a material effect on standing and prestige of residency
programs such as Defendant’s.
30.

The combined stress on Grodman from these interviews, his injury, and his

continued full obligations was significant. The two faculty members closest to Grodman (and who
had recently provided positive letters of recommendation on behalf of Grodman), Herrick and
Kaylani, both acknowledged in writing that they noticed a change during this time. Herrick wrote

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in an evaluation that Grodman “Seems distracted in community clinic.” Kaylani wrote also to the
Committee that: “I am not sure what is going on with Zane since he came back from Dallas in
September[.]” Kaylani also characterized Grodman’s behavior during this time as “senioritis.”
E.

Defendant Discontinues Successful Accommodations.
31.

Despite the ongoing stressors and during this critical time, Defendant made a

turning-point decision to fully discontinue the informal accommodations provided by Defendant.
Upon information and belief, Defendant determined that even if Grodman was successfully placed
into a fellowship program, Grodman’s disabilities, and the manifestations of those disabilities,
would somehow negatively affect Defendant’s standing.
32.

Defendant discontinued these accommodations knowing (and hoping) that it would

negatively affect Grodman’s ability to perform his obligations in the program, especially with all
the additional stressors of Grodman’s final year. Thus, discontinuing these necessary informal
accommodations was discriminatory and the first retaliatory action taken against Grodman on the
basis of his disabilities, and because of Grodman reporting his disabilities and health concerns to
Kaylani.
33.

At no time during the fall of 2021, until December 17th, did Grodman ever receive

a warning, or any written notice that any disciplinary actions were even contemplated or that his
status or job were in jeopardy. Grodman was also given no notice or explanation for why these
important (and successful) accommodations had been withdrawn altogether.
34.

Upon information and belief, Defendant withdrew the informal accommodations to

manufacture a basis on which to terminate Grodman. See Email from Raphael Mattamal dated
December 5, 2021 (stating that Grodman would be a “poison pill to any program that actually
takes him for future [Defendant] residents.”) (emphasis added). Dr. Mattamal’s communications

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clearly show Defendant’s motivation in using Grodman’s disability, and the withdrawal of these
key accommodations, as a basis to terminate him.
F.

Defendant’s Pretextual Plan to Suspend Grodman Based on His Disabilities.
35.

Upon information and belief, Grodman’s termination was predetermined, without

any notice of hearing to Grodman, beginning with Defendant’s decision to withdraw all
accommodations. Instead, the program director repeatedly assured Grodman that everything was
fine. Defendant never meant to give Grodman any notice that his residency was in jeopardy,
chance to remediate, or chance be heard. Defendant’s discriminatory actions culminated in the
following way:
•

December 5-6: Immediately after difficult on-call duty when Grodman
was ill, Kaylani sends the Committee an “Urgent and highly confidential”
email requesting an “urgent vote” to place Grodman on “immediate
probation with possible path to termination.” During the same email
exchanges, Kaylani labels Grodman as a “dangerous resident,” thus
prejudicing the Committee and limiting dissent. See Exs. B-G (email from
Kaylani and Committee’s responses). Despite the above, Grodman
remained on full duty without any modifications.

•

December 10: Kaylani met with Grodman, along with Lawson, Program
administrator, and discussed Grodman’s insufficient dosage of ADHD
medication. However, during this conversation, Kaylani mostly berated
Grodman, accusing him of “being a physician who does not take medicine.”
At that time, Grodman explicitly asked if there was any possibility that he
would not finish his residency on time. He was told that residency ends on
June 30. Grodman took that as a sign that his career was not in jeopardy.
He was not informed of the Committee’s action 5 days earlier. Again,
despite the above, Grodman remained on full duty without any
modifications.

•

December 17: Grodman is first informed about disciplinary actions,
Defendant skips remediation, and places Grodman on probation. See Ex. J
(Notice of Probation). Despite the above, Grodman remained on full duty
without any modification. Grodman was not given any details regarding the
specific reasoning or terms behind his probation.

•

December 17-23: Defendant pressures Grodman into continuing his
ongoing night shifts without opportunity for any kind of remediation or the

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opportunity to seek professional help, including help in adjusting his
medications.

36.

•

December 23: Defendant suspends Grodman, again without notice as to the
cause, forcing Grodman to remain isolated on campus during winter break.
The suspension letter states that an investigation will take place. No record
of any investigation exists. See Ex. K (Notice of Suspension).2

•

December 27: Grodman formally requests accommodations, including
medical leave to adjust his medications. See Ex. L (Formal Request for
Accommodations).

•

January 4: Ignoring Grodman’s formal request for accommodations and
request for leave, Defendant votes to terminate. See Exs. M-N (Termination
Letter and Disciplinary Action Form). Grodman was never given a full
description of the grounds for his termination or any chance to advocate for
himself.
The evidence shows that, upon receiving the program director’s prejudicial request

for an “urgent vote” to place Grodman on “immediate probation with possible path to termination,”
on December 5, 2021, Committee members immediately, without any notice or communication
with Grodman, authorized Grodman’s termination, exacerbating a hostile environment whereby
all due process, fairness or consideration of any kind of remediation was destroyed.3
37.

The probation letter given to Grodman on December 17, 12 days after the vote

instigated by Kaylani to place Grodman on “probation with a path to termination,” recognized the

2

The Program’s same pattern of improper conduct continued throughout its disciplinary actions
against Grodman. After summarily suspending Grodman on December 23, the Program forced
Grodman to remain isolated on campus and neither (1) provided Grodman with support (2) nor
provided Grodman with an opportunity to seek support. Many other these issues may have also
been factors in the tragic outcome for one of the Institution’s family medicine residents, Dr. Aaron
Chen, who it is widely known struggled with depression and apparently died by suicide in or
around October 2022 after leaving a didactics session.
3

Grodman’s suspension and subsequent termination entirely lacked any considerations required
under the ADA or by ACGME guidelines. Even though termination is the most severe and lifeand career-altering sanction possible and should be considered only as a last resort, Defendant
managed to terminate Grodman in less than three weeks after the date it first placed him on
expedited probation.

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specifics of Grodman’s disabilities. The letter stated the major elements that Grodman needed to
improve were test scores (without any mention of extra time that had been granted in the past and
of which Kaylani had full knowledge) as well as, vaguely, “attention to detail and follow up with
attendings”, all manifestations of Grodman’s disabilities including ADHD. The letter
demonstrated Kaylani’s weaponization of Grodman’s disabilities against him.
38.

Defendant deliberately and willfully ignored Grodman’s disabilities, requests for

accommodations, and had predetermined to terminate Grodman almost two weeks before ever
placing Grodman under probation (and as early as December 5, 2021), all while deliberately
keeping Grodman in dark about their career destroying intentions and, then, continued to obfuscate
and act in a disingenuous manner about the looming termination proceedings.
39.

Defendant’s illegal and improper refusal to consider Grodman’s requests for

accommodations and medical leave before terminating Grodman demonstrates a discriminatory
motivation to fire Grodman. Defendant’s refusal to consider accommodations (because according
to Defendant, the result would have been the “same”) was a result of a fundamental (and
discriminatory) misunderstanding of the nature of Grodman’s disabilities, especially alarming
since the primary disability is a common pediatric condition. This fundamental misunderstanding
and underlying prejudice led Defendant to take the position that manifestations of Grodman’s
disabilities were deliberate and that Grodman’s disabilities made Grodman inherently incapable
of practicing medicine. See, e.g., Kaylani’s statement that “No extra time at this point, months or
years would prepare [Grodman] for independent safe practice.”; see also Dr. Mattamal’s email

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stating “Whether this is due to a medical issue, psychiatric issue, or severe personality deficit, I
don’t know and honestly don’t care at this stage.”4
40.

Defendant’s refusal to acknowledge Grodman’s disabilities, including Defendant’s

belief that Grodman’s disabilities were deliberate is accurately captured by its position and
response to the EEOC: “Grodman was aware of the terms of his probation, and while it is
unfortunate that Grodman chose to violate those terms so soon after being put on probation, the
timing of Grodman’s dangerous behavior reflects nothing about Defendant much less
discriminatory intent.”
41.

Despite Defendant’s narratives to the contrary, Defendant’s adverse employment

actions entirely focused on the manifestations of Grodman’s disabilities. In fact, Defendant’s
January 4, 2022, termination letter admits that Defendant’s decision was based on Grodman’s
conduct arising from his disabilities (and conduct for which Defendant had provided Grodman
with accommodations) during his first year, and throughout his residency.
42.

Defendant knowingly lied and purposely misled Grodman regarding ongoing

disciplinary actions against him. Moreover, Defendant falsified the documentation relating to
Grodman’s ultimate termination, omitting the important fact that Grodman had been removed
from a prior observation over 18 months prior to his probation. See Exs. H-I, M-N. At the time
of his recommended termination, Defendant stated that Grodman was placed on observation, then
probation and finally suspension, clearly ignoring that Grodman was taken off observation, had
shown improvement, and had been promoted to third year and received positive recommendations
from Committee members, including the Program Director and Department Chair.

4

Just five months earlier, Grodman received positive evaluations from both Kaylani and Mattamal,
further evidencing Grodman’s unawareness of Defendant’s plan to label him as a “dangerous
resident” and terminate him.
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Grodman Formally Requested Reasonable Accommodations Before Termination.
43.

Shortly after receiving the probation notice, which for the first time, made Grodman

aware that his job was in jeopardy, Grodman immediately began the process of formally requesting
accommodations, including medical leave, in order to adjust his medications. Grodman made
several reasonable requests for accommodation, including a 30-day leave of absence in order to
adjust his medications, and other standard accommodations for someone with ADHD, including
extra time on exams (which is a standard request for those with ADHD); thirty days to consult
with his therapists regarding counseling and treatment, an opportunity to develop a real
remediation plan for any perceived performance issues, receipt and discussion of performance
expectations, real-time feedback, mentoring, and time for these proposals to address the program’s
concerns. See Ex. L (Request for Accommodations). Importantly, Grodman further sought to have
his disability considered in connection with his threatened termination.5
H.

Defendant’s Plan to Terminate Dr. Grodman was Discriminatory.
44.

On December 23rd, just six days after being placed on probation and after working

12-hour night shifts every single night, Grodman was suspended. See Ex. K. Grodman received a
notice of his suspension from the program, allegedly based on his performance on the three
overnight shifts.

5

After Grodman’s suspension letter, upon our belief, members of the Pediatric leadership started
a malicious smear campaign against Grodman, labeling him a “baby killer.” Such comments were
even specifically to Committee members, and even to family members of the Committee, such as
Mattamal’s wife, a Family Medicine attending. In addition, following the hearing in February,
Mattamal. posted on social media that he had one of the worst days of his professional life. Despite
being one of Grodman’s critics, he testified under questioning from Grodman, that he never gave
Grodman an evaluation worse than “meets expectations” and that when he asked when he saw a
change in fall of 2021 while admitting he have Grodman a positive evaluation just six months
earlier. These rumors, in a small isolated medical community such as Amarillo, clearly had a
prejudicial impact on the hearing and on other medical professionals at the hospital.
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After receiving the Probation Letter,6 Grodman promptly began the process of

formally requesting accommodations, demonstrating that he was willing and able to remediate any
concerns that the program has without the need for the ultimate sanction of termination. At this
time, Defendant had placed Grodman in consecutive twelve-hour shifts and hoped that Grodman
had no opportunity to seek assistance.

Nevertheless, Grodman formally requested

accommodations and specifically requested that Defendant consider his disability in evaluating
both probation and termination.
46.

Defendant’s Suspension Letter alleged that Grodman’s performance was “seriously

compromised or may constitute a danger to patients” and stated that an investigation would take
place over the next month. See id. But internal Defendant emails show that such allegations had
been repeated for months, and that such an investigation never occurred. Any investigation would
only have shown that Grodman’s conduct did not lead to any bad outcomes whatsoever, but that
the patients were all stable or not otherwise in immediate danger. After all, Defendant had
purposefully scheduled these shifts at a time Defendant knew that Grodman was undermedicated,
and with the intention and anticipation that Grodman would violate the terms of his probation.
Indeed, Defendant’s conduct was part of its unfair and expedited plan to force Grodman out of the
program, even if it meant using Grodman’s disabilities against him.
47.

First, Grodman had no notice of Defendant’s plan to terminate him until his

termination was already decided. When he received Defendant’s notice of probation, he was not

6

Grodman’s probation period actually built in even more time than that; he was to be on probation
from December 17, 2021 until March 24, 2022, which is 97 days. Despite this clear policy, Kaylani
moved to dismiss Grodman just six days after he was informed of his probation (6% of his
probationary period). There was no time or opportunity for Grodman to make use of what the
probation ostensibly sought to teach him or seek external medical assistance, particularly in light
of the demanding night call schedule to which he was assigned during his nascent probationary
period.
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aware that the Committee had already voted to terminate Grodman, that Grodman had been labeled
a “dangerous resident” by the Defendant Clinical Competency Committee (the “Committee”) and
that Grodman would be suspended only six days later. Second, Defendant’s plan failed to provide
Grodman with any notice as to the imminent destruction of his medical residency, any opportunity
to remediate, or even an opportunity to be heard. In addition to rushing his termination, Defendant
ignored and failed to consider Grodman’s formal request for accommodations, including a request
for a medical leave to give Grodman the chance to adjust his medications. Third, just as Defendant
failed to consider Grodman’s timely request for accommodations, there is no evidence that
Defendant engaged in any decision-making process prior to terminating Grodman.
48.

Several days before the date of his termination, Grodman, by letter to the full

Committee, disclosed to the full competency committee the extent of his psychiatric problems, his
need to take greater than recommended doses of his medication to cope with long shifts, and
formally requested reasonable accommodations that would permit him to reevaluate his
medication, including leave.
49.

Defendant did not provide Grodman with the forms on which Grodman submitted

that formal request for accommodations until only four days before Grodman was terminated.
Defendant denied Grodman’s request for reasonable accommodation, terminated him (without
even considering the request) and failed to offer any alternative accommodations.
50.

Defendant never afforded Grodman the same rights as all other employees,

including the right to take medical leave, etc., as Grodman had requested. In fact, the Program
violated its own internal policies in the process of terminating Grodman. Defendant’s policy states
that only if the resident fails to improve based on the matters identified during probation or engages
in further seriously deficient conduct, Defendant can seek to terminate the resident. Under

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Defendant procedures, a resident is required to be given at least sixty days (60) after probation
before termination is considered so that the resident can show improvement. Here, Defendant
terminated Grodman only 18 days after placing Grodman under Probation, completely ignoring
Grodman’s request for accommodations due to his disability (a fact which Defendant has
admitted).
51.

Defendant’s refusal to consider accommodations (because according to Defendant,

the result would have been the “same”) was a result of a fundamental (and discriminatory)
misunderstanding of the nature of Grodman’s disabilities, including the belief that Grodman’s
disabilities were deliberate and the belief that Grodman’s disabilities made Grodman inherently
incapable of practicing medicine. See, e.g., Kaylani’s statement that “No extra time at this point,
months or years would prepare [Grodman] for independent safe practice.”; see also Mattamal
email stating “Whether this is due to a medical issue, psychiatric issue, or severe personality
deficit, I don’t know and honestly don’t care at this stage.”7 Throughout Grodman’s improper and
expedited termination based on disciplinary measures, Texas Tech and Kaylani abandoned internal
policy and professional judgment.
52.

Kaylani completely dismissed Grodman’s comments out of hand in the month

leading to termination. Defendant’s misunderstanding of and/or ambivalence toward Grodman’s
disabilities is further reflected in the facts. As program director of Defendant Kaylani endorsed
policy that downplayed and ignored the physical and mental needs of physicians, even the needs
of resident physicians with disabilities such as Grodman’s. In Grodman’s case, Kaylani

7

Defendant’s misunderstanding of Grodman’s disabilities, including the belief that Grodman’s
disabilities were deliberate is accurately captured by its position and response to the EEOC:
“Grodman was aware of the terms of his probation, and while it is unfortunate that Grodman chose
to violate those terms so soon after being put on probation, the timing of Grodman’s dangerous
behavior reflects nothing about Defendant much less discriminatory intent.”
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demonstrated a fundamental misunderstanding of how Grodman’s disabilities were affecting his
performance and argued that Grodman’s disabilities were irrelevant because severe stress,
sickness, or even life-events were no excuse for poor performance or non-attendance.
53.

In fact, on at least one occasion, Kaylani improperly compared Grodman’s

disabilities with his own personal hardship stated the following:
“The answer is just no. Things happen. People die. People get sick. I had a very
rough week this week, and I’m just going to tell you, my wife had a miscarriage
last Thursday. It was hell, but her OB was so smart. I was out. I mean, as a parent
or somebody involved, you can’t think clearly that day […] And I said, I am on
service.” (emphasis added).
54.

Defendant and Committee members have even admitted that they did not consider

Grodman’s timely request in their decision to fire him and didn’t even have copies of his request
during their final meeting regarding Grodman’s termination. Even weeks before suspending
Grodman, the Committee expressed unwillingness to consider accommodations or to even
consider that his undermedication of Grodman’s disability played any role in his issues (despite
setting forth specific characteristics in the probation letter to the contrary).
55.

Through statements of the Committee during Grodman’s appeal hearing in

February 2021,8 Defendant further admitted that it considered Grodman’s conduct since the
beginning of his residency in its decision to terminate him. (“This is a thing that has started July
2019 with all the support that is possible. Deal with it. It hurts to hear that.”; “So this is not start at
some probation. This does not start. This is a continuum of problems that have happened.”). These
8

Despite the appeal hearing, no defects in the improper termination process were cured. For
example, the hearing panel did not consider or weigh Grodman’s formal request for
accommodations, and completely ignored the serious procedural defects of Grodman’s termination
and disciplinary measures. Instead, the hearing was only an extension and further deprivation of
Grodman’s rights, and used to further mislead Grodman into thinking that Texas Tech was
extending an opportunity for Grodman to be able to resign. But such an opportunity was not
granted. Moreover, the hearing was expressly not de novo and granted complete weight and
deference to the earlier improper decision to terminate Grodman.
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reasons were different than the reasons presented to Grodman for his probation and suspension
before termination. Defendant’s reliance on Grodman’s prior (resolved) observation period
(which concluded positively 18 months prior to his probation), and on Grodman’s conduct
throughout his residency, centering on Grodman’s disabilities (while ignoring Grodman’s
successful performance, improvement, and promotions in the interim), further demonstrates
Defendant’s discriminatory motives. See Exs. H-I (Letter of Observation and Letter Regarding
End of Observation).
56.

On or around January 7, 2022, Grodman’s employment was terminated.

Defendant’s termination letter admits that Defendant’s decision was based on Grodman’s conduct
arising from his disabilities (and conduct for which Defendant had provided Grodman with
accommodations) during his first year, and throughout his residency, despite the fact that Grodman
was never subject to any prior disciplinary action before being placed on probation in December
2021. (Termination Letter dated January 7, 2022, recommending Grodman’s termination due to
alleged performance “despite repeated counseling and close mentoring” and “unprofessional
conduct towards your patients and colleagues despite repeated attempts to assist you to improve
your interpersonal and communication skills.”) (emphasis added). Not surprisingly, the letter
did not state that Grodman was terminated due to his complaints about discrimination or
disabilities.
57.

Instead of providing any notice or of sincerely engaging in any interactive process,

Defendant ignored Grodman’s need and request for accommodations, and created an environment
that would force Grodman to fail due to his disabilities. Because the termination process is
extraordinarily severe—a professional death sentence—Defendant acted in complete disregard of
Grodman’s rights.

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Defendant knew but either ignored or disregarded that Grodman was under

extraordinary stress and needed to adjust his medication, yet Defendant scheduled Grodman for
consecutive full night shifts throughout this “probation” period. Defendant intentionally
maintained Grodman on this schedule, making it impossible for Grodman to re-adjust his
medication or seek related professional help, even when issues arose in the first and the second
of these shifts.
59.

Moreover, during these nights, Defendant did not provide Grodman with

accommodations it had provided on previous calls in earlier years but, instead, intensified
aggression against Grodman and continued to schedule Grodman for night shifts. In the end,
Defendant hoped that Grodman’s insufficient medication, lack of accommodations, and added
pressure would lead Grodman to make some mistake that violated the terms of Grodman’s
probation.
60.

During the expedited, pretextual Probation period, Defendant intentionally

deprived Grodman of the chance to seek the professional help he needed, because Defendant had
already decided to terminate Grodman for reasons that had nothing to do with Grodman’s medical
knowledge.

Defendant was aware that, at this point, Grodman was adjusting his ADHD

medications, which Kaylani expressly stated in his testimony at Grodman’s internal appeal
hearing, for example, Kaylani stated that “I know that he’s been adjusting his ADHD medications
on his own, because he had told me about that.” Defendant was aware that Grodman needed this
help and that having only completed a handful of 24-hour calls, Grodman had not had the

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opportunity to adjust and optimize the dosage and timing of his ADHD medication, which
remained unadjusted for extended periods.9
I.

Texas Tech’s Discrimination Continues Even After Grodman’s Termination.
61.

In conversations with Christine Stutz, Defendant’s Graduate Medical Education

(“GME”) Officer, in late December and/or early January, Grodman was assured he could resign at
any time up to termination. As described above, however, Defendant immediately turned around
and issued Grodman’s termination. Later in January 2022, Defendant (by and through its
attorneys) informed Grodman’s (by and through his attorneys) that he will only be allowed to
resign if Grodman did not proceed with the appeal hearing before Defendant’s Appeal Review
Subcommittee. After the hearing, however, that same attorney said they would attempt to have “an
opportunity” to discuss Grodman’s case. Upon belief and information, however, that discussion
never happened, and Dr. Grodman’s termination was upheld. Defendant’s attempt to block
Grodman’s right to appeal, and its unwillingness to even provide a forum to discuss the possibility
of resignation constituted further attempts to ensure Grodman’s termination from the program
based on his disabilities.10

9

For example, it became clear to Dr. Grodman and his treaters while Dr. Grodman was being
assessed for reasonable accommodations that his then-medication regimen was not effective
beyond the first 8-10 hours, and, thus, an adjustment of his medication would be needed to help
him perform during longer shifts.
10

As outlined above, Grodman’s experience at the Program sheds light on multiple failings of both
Defendant’s Institution and Program regarding how residents, and particularly residents with
disabilities who seek accommodations, are treated. Interrelatedly, Grodman’s difficulty with long
overnight shifts in light of his disabilities highlight serious problems with the Defendant’s handling
of resident well-being (especially regarding fatigue and illness), despite the emphasis the ACGME
began placing on those issues contemporaneously.

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In October 2022, shortly after a copy of the contemplated complaint was sent to

Defendant, Grodman received a letter from the American Board of Pediatrics, notifying him they
received notice from Defendant Texas Tech-Amarillo about his termination. Upon information
and belief, this notice had been sent by Kaylani, informing Grodman that he will have limited time
to complete a residency, otherwise the completed two and half years of his residency would be
null and void.
63.

The net effect on the discrimination and recrimination against Grodman was that

Grodman received a professional death sentence. As Defendant well knows, residency programs
such as Defendant’s do not accept applicants who were terminated. Medical licensing boards will
not accept applications for state licensing if there is any disciplinary action pending in the program.
Rejection of one state medical board, regardless of its nature, must be reported to any other medical
board in seeking licensure. At this time, due to the discrimination and recrimination of Defendant,
Grodman will never have the ability to practice medicine.
VI.

FIRST CAUSE OF ACTION FOR DISCRIMINATION AND RETALIATION IN
VIOLATION OF THE REHABILITATION ACT
(Against Texas Tech)
64.

Grodman repeats and re-alleges each and every allegation in the preceding

paragraphs.
65.

Section 504 of the Rehabilitation Act prohibits disability discrimination by

recipients of federal grants, contracts, and other federal financial assistance. Defendants, including
their respective departments, agencies, and other instrumentalities, are recipients of federal funds.
45 C.F.R. § 84.3(f).
66.

The Rehabilitation Act provides, in relevant part, that “[n]o otherwise qualified

individual with a disability in the United States . . . shall, solely by reason of her or his disability,

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be excluded from participation in, be denied benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance.” 29 U.S.C. § 794.
67.

Discrimination under the rehabilitation act includes traditional discrimination,

failing to accommodate known disabilities and retaliation against disabled individuals for engaging
in protected activities. See Aguillard v. Mukasey, 295 F. App’x 619, 622 (5th Cir. 2008) (outlining
discrimination under Rehabilitation Act); Calderon v. Potter, 113 Fed. Appx. 586, 592 (5th Cir.
2004) (outlining retaliation); Doe v. Texas A&M Univ., 634 F. Supp. 3d 365, 379–80 (S.D.
Tex. Oct. 6, 2022) (outlining failure to accommodate).
68.

The Rehabilitation Act has been implemented by regulations, providing, inter alia,

that recipients of federally funded programs and activities shall not, “on the basis of handicap, be
excluded from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program, services or activity which receives Federal financial
assistances.” 45 C.F.R. § 84.4 (a).
69.

Prohibited discrimination includes but is not limited to:
•

denying a qualified person with a disability an opportunity to
participate in or benefit from an aid, benefit, or service 45 C.F.R. §
84.4 (b)(1)(i).

•

affording a qualified person with a disability an opportunity to
participate in or benefit from the aid, benefit or services that is not
equal to that afforded others. 45 C.F.R. § 84.4 (b)(1)(ii).

•

providing a qualified person with a disability with an aid, benefit, or
service that is not as effective as that provided to others. 45 C.F.R. §
84.4 (b)(1)(iii).

•

perpetuating discrimination or otherwise limiting a qualified disabled
person in the enjoyment of any privilege, advantage or opportunity
enjoyed by others receiving an aid, benefit, or service. 45 C.F.R. §
84.4 (b)(1)(v)(vii).

•

utilizing criteria or methods of administration that subject qualified
persons with disabilities to discrimination on the basis of disability, or
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have the purpose or effect of defeating or substantially impairing
accomplishment of the objectives of recipient’s program or activity
with respect to persons with disabilities. 45 C.F.R. Part 84; (b)(4).
70.

Defendant’s

actions

constitute

a

failure

to

accommodate,

retaliation,

discrimination, and constitute ongoing and continuous violation of the Rehabilitation Act and its
supporting regulations and continue to inflict irreparable harm on Grodman.
71.

Grodman has a physical or mental impairment that substantially limits one or more

major life activities. Grodman’s disability and its consequential limitations were known by
Defendant Texas Tech.
72.

Defendant refused to allow Grodman reasonable accommodations, the opportunity

to adjust his medications, and medical leave, despite other employees having such
accommodations.
73.

Defendant told Grodman he would be required to remain and take full night shifts

while other similarly situated employees were not required to do so. Grodman was high-risk for
depressive episodes, fatigue, and exacerbated symptoms of his disabilities. Grodman asked for,
inter alia, the reasonable accommodation for medical leave, just as Defendant had granted other
Residents and employees in the past. Defendant said no. Instead, on January 7, 2021, Defendant
terminated Grodman.
74.

The above-described unlawful employment practices, which violated the

Rehabilitation Act, caused Grodman to lose the opportunity to become a licensed physician, and
other non-pecuniary benefits. Defendant Texas Tech committed these acts intentionally, and with
reckless indifference to Grodman’s legal rights under the Rehabilitation Act.
75.

Moreover, Grodman engaged in an activity protected by the Rehabilitation Act

when he asked for informal and formal reasonable accommodations due to his disabilities and for
the Defendant to allow him to take medical leave to adjust his medications. Grodman further
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engaged in an activity protected by the Rehabilitation Act when he met with Kaylani throughout
his first two years and in December 2021 and communicated the lack of adequate accommodations
and when he filed an online complaint with the EEOC.
76.

Grodman suffered adverse employment actions and there is a causal connection

between the protected activity and the adverse action when he was summarily suspended and then
fired. It is connected to his protected activity as Defendant refused to reasonably accommodate
Grodman’s disabilities (based on Grodman’s informal and then formal request) and instead
manufactured a plan to cut off accommodations and force Grodman’s termination.
77.

Grodman began experiencing retaliatory actions by Defendant soon after he

informally requested reasonable accommodations. Defendant wrongfully refused to accommodate
or even consider Grodman’s formal request for accommodations.

Finally, Grodman was

terminated after he submitted his formal request for reasonable accommodations.
78.

The Rehabilitation Act authorizes injunctive and equitable relief as appropriate to

remedy acts of discrimination against persons with disabilities. 29 U.S.C. § 794a(a)(2). Grodman
is entitled to injunctive and equitable relief, including reinstatement, to prevent continued violation
of the Rehabilitation Act.
VII.

SECOND CAUSE OF ACTION FOR VIOLATION OF PROCEDURAL DUE
PROCESS PURSUANT TO 42 U.S.C. § 1983
(Against Texas Tech and Kaylani, Individually)

79.

Grodman repeats and re-alleges each and every allegation in the preceding

paragraphs.
80.

The Due Process Clause of the Fourteenth Amendment to the United States

Constitution provides that: “No State shall … deprive any person of life, liberty, or property,
without due process of law.” U.S. Const. amend. XIV, § 1.

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Grodman had a constitutionally protected property in his position at Texas Tech as

a Third-Year Resident in the Pediatrics Program. As a resident, Grodman enjoyed a broader
property interest in his position than continued receipt of a paycheck including his engagement in
experience, graduate medical school education, maintenance of his standing, completed residency
terms, and the opportunity to become a licensed physician.
82.

Beginning December 5, 2021, the date of the Committee’s “emergency” vote to

terminate Grodman, Grodman was deprived of his constitutionally protected procedural due
process rights to adequate notice and opportunity to be heard before termination of his protected
interest in his medical residency.
83.

The deprivations of Grodman’s constitutional interests that began on December 5,

2021, were done without any notice or process to Grodman, not even under the procedures required
by Texas Tech’s own policies, much less the constitutionally mandated sufficient notice and
opportunity to be heard before he was deprived of the protected interests at issue.
84.

As a Third-Year member of Texas Tech’s Residency Program, Grodman had a

constitutionally protected valid entitlement to continued employment at the University.
85.

Following his January 2022 termination from the University, Grodman’s career

prospects as a doctor have been conclusively destroyed.
86.

The termination process is extraordinarily severe and thus Texas Tech must comply

with various procedural and due process requirements. However, in Dr. Grodman’s case, Kaylani
wholly ignored these governing policies.
87.

Under Texas Tech’s internal policies, probation is determined by a committee at

Texas Tech (the “Clinical Competency Committee”), headed by the program director (Kaylani).
Only if the individual fails to improve based on the matters identified during probation or engages

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in further seriously deficient conduct, then Texas Tech can seek to terminate the resident. Under
Texas Tech procedures, a resident is usually given at least sixty days (60) after probation before
termination is considered so that the resident can show improvement.
88.

Moreover, recognizing state requirements and the mandate of federal law, Texas

Tech has a non-discrimination policy and a specific policy covering the ADA (§ 51.04). Under
Texas Tech’s policy, it must not discriminate on the basis of a disability and must provide
reasonable accommodations. “When an employer does not engage in a good faith interactive
process, that employer violates the ADA – including when the employer discharges the employee
instead of considering the requested accommodations.” EEOC v. Chevron Phillips Chem. Co., 570
F.3d 606, 622 (5th Cir. 2009). This is exactly what happened here.
89.

During the probation and termination process, Grodman made at least two requests

for accommodation, including having Kaylani consider his disability in deciding his termination.
Yet Kaylani simply misled Grodman about the ongoing proceedings and refused to engage.
Kaylani never made any effort to accommodate Dr. Grodman, engage in the interactive process,
or even discuss Dr. Grodman’s requests for reasonable accommodation. This is because the results
of the CCC termination proceeding had been pre-determined by Kaylani and thus the reasons
justifying the termination were merely pretextual in nature. Again, the evidence of Kaylani’s lack
of total engagement includes the rapid speed by which Texas Tech instituted the termination
proceeding.
90.

Grodman did, and still does, challenge the truth and integrity of Texas Tech’s

termination process, which was spearheaded by Kaylani, and its dismissal recommendation by the
Committee, which was made without the Committee even considering Grodman’s request for

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accommodations. As such, these actions were taken without cause and were arbitrary and
capricious.
91.

As set forth more fully herein, Defendant Kaylani’s actions violated Grodman’s

right(s) not to be deprived of his property and/or liberty interests without due process of law as
guaranteed by the Fourteenth Amendment of the United States Constitution.
92.

As set forth more fully herein, Defendant Kaylani’s actions described above were

taken without cause and/or for reasons that were arbitrary and capricious, and alternatively were
outside the scope of Kaylani’s authority.
93.

As set forth more fully herein, Defendant Kaylani’s actions, in his individual

capacity, violated Plaintiff’s due process right(s) to be free from arbitrary and capricious
deprivations of property under the Fourteenth Amendment of the United States Constitution.
94.

As set forth more fully herein, the constitutional violations against Grodman are of

an ongoing and continuous nature because Grodman remains unable to become a licensed
physician in Texas without reinstatement. To this day, even after leaving his post at Texas Tech,
Kaylani continues to interfere with Grodman’s prospects of becoming a doctor.
95.

In taking the actions against Grodman set forth more fully above, Defendant

Kaylani acted intentionally, maliciously, and unlawfully without providing Grodman procedural
and substantive due process in violation of governing law.
VIII. REQUEST FOR JURY TRIAL
96.

Grodman requests a jury trial.
IX.

97.

ATTORNEY’S FEES UNDER TITLE VII

Pursuant to Title VII, Grodman sues the Defendant for all reasonable attorney’s

fees and costs incurred in the prosecution of this suit.

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X.
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REQUESTED RELIEF

Grodman seeks equitable relief necessary to allow him to become a doctor and

make use of his years of medical education and preparation. After the improper termination by
Texas Tech, Grodman has sought to re-apply or transfer to other medical programs. However, as
part of any such application and admissions process, Texas Tech or Kaylani will send documents
reflecting the dismissal and Texas Tech’s explanation, including disciplinary documentation, and
will further deprive Grodman of his protected property interests by resulting in harm to Grodman’s
professional reputation, preventing him from being accepted at another medical school or program.
These mechanisms continue to prevent Grodman from obtaining a medical license and from
becoming a pediatrician.

Grodman requests reinstatement, and that Grodman’s records be

corrected so that his dismissal and/or disciplinary proceedings initiated by Texas Tech and Kaylani
during his third year no longer prevent Grodman’s acceptance as to any medical school or licensure
program.
99.

Upon information and belief, even more recently, Kaylani has contacted the

American Board of Pediatrics regarding Grodman’s disciplinary record at Texas Tech. These
actions and future actions by Texas Tech and Kaylani a continuation of all conduct complained
herein, including the wrongful termination, constitute ongoing violations of Grodman’s protected
interests. Defendants’ refusal to release academic records interferes with Grodman’s
constitutionally protected interest in attending medical school or another program. Indeed,
Defendants’ refusal to release Grodman’s records and previous letters of recommendation
precludes Grodman’s ability to provide the documents necessary to apply to other schools and to
be reinstated.
100.

Grodman was successfully promoted to his third year as a pediatrics resident, and

Texas Tech’s withholding of the academic records and recommendations issued at the end of those
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two years constitute ongoing violations based on the conduct complaint herein. The wrongful
disciplinary measures implemented against Grodman during his third year should be stricken and
expunged and removed from Grodman’s record and should not be further disclosed to Grodman’s
prospective schools and programs or licensing boards, such as the American Board of Pediatrics.
These corrections to Grodman’s record and the release of Grodman’s transcript and other academic
records showing Grodman’s fulfillment of two years of residency will remedy the prior and
ongoing violations alleged herein because it will allow Grodman to be reinstated and continue his
career.
XI.

PRAYER

WHEREFORE Grodman requests that the Defendant be cited to appear and answer and
that Grodman be awarded:
A.

Injunctive relief;

B.

Expungement of probation;

C.

Release of academic records;

D.

Reinstatement;

E.

Any further relief to which he may be justly entitled.

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Respectfully Submitted,
/s/ Jeffrey M. Tillotson
Jeffrey M. Tillotson
State Bar No. 20039200
jtillotson@tillotsonlaw.com
Enrique Ramirez-Martinez
State Bar No. 24122158
eramirez@tillotsonlaw.com
TILLOTSON JOHNSON & PATTON
1201 Main Street, Suite 1300
Dallas, Texas 75202
(214) 382-3041 Telephone
(214) 292-6564 Facsimile
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing Original Complaint and Jury Demand
was electronically filed with the Clerk of the Court using the CM/ECF system on December 4,
2023.
/s/ Jeffrey M. Tillotson
Jeffrey M. Tillotson

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Exhibit A
A
Exhibit

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
El Paso Area Office
100 N. Stanton Street, Suite 600
El Paso, TX 79901
(800) 669-4000
Website: www.eeoc.gov

DETERMINATION AND NOTICE OF RIGHTS
(This Notice replaces EEOC FORMS 161 & 161-A)
Issued On: 06/13/2023
To: Schyler Z. Grodman
Califon, NJ 07830
Charge No: 450-2022-05414
EEOC Representative and email:

SUSANA NAHAS
Investigator
susana.nahas@eeoc.gov

DETERMINATION OF CHARGE
The EEOC issues the following determination: The EEOC will not proceed further with its
investigation and makes no determination about whether further investigation would establish
violations of the statute. This does not mean the claims have no merit. This determination does not
certify that the respondent is in compliance with the statutes. The EEOC makes no finding as to
the merits of any other issues that might be construed as having been raised by this charge.
NOTICE OF YOUR RIGHT TO SUE
This is official notice from the EEOC of the dismissal of your charge and of your right to sue. If
you choose to file a lawsuit against the respondent(s) on this charge under federal law in federal
or state court, your lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice.
Receipt generally occurs on the date that you (or your representative) view this document. You
should keep a record of the date you received this notice. Your right to sue based on this charge
will be lost if you do not file a lawsuit in court within 90 days. (The time limit for filing a lawsuit
based on a claim under state law may be different.)
If you file a lawsuit based on this charge, please sign-in to the EEOC Public Portal and upload the
court complaint to charge 450-2022-05414.
On behalf of the Commission,
Digitally Signed By:Travis M. Nicholson
06/13/2023

Travis M. Nicholson
District Director

Case 5:23-cv-00210-H

Document 21

Cc:
Victor M Mellinger
Texas Tech University
Po Box 42021
Lubbock, TX 79409
Jeffrey M Tillotson
1807 Ross Avenue Suite 325
Dallas, TX 75201
Jeffrey M Tillotson
Tillotson Johnson & Patton
1807 Ross Ave
DALLAS, TX 75201

Please retain this notice for your records.

Filed 01/17/24

Page 35 of 90

PageID 322

Case 5:23-cv-00210-H

Document 21

Filed 01/17/24

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Enclosure with EEOC Notice of Closure and Rights (01/22)

INFORMATION RELATED TO FILING SUIT
UNDER THE LAWS ENFORCED BY THE EEOC
(This information relates to filing suit in Federal or State court under Federal law. If you also
plan to sue claiming violations of State law, please be aware that time limits may be shorter and
other provisions of State law may be different than those described below.)
IMPORTANT TIME LIMITS – 90 DAYS TO FILE A LAWSUIT
If you choose to file a lawsuit against the respondent(s) named in the charge of discrimination,
you must file a complaint in court within 90 days of the date you receive this Notice. Receipt
generally means the date when you (or your representative) opened this email or mail. You should
keep a record of the date you received this notice. Once this 90-day period has passed, your
right to sue based on the charge referred to in this Notice will be lost. If you intend to consult an
attorney, you should do so promptly. Give your attorney a copy of this Notice, and the record of
your receiving it (email or envelope).
If your lawsuit includes a claim under the Equal Pay Act (EPA), you must file your complaint
in court within 2 years (3 years for willful violations) of the date you did not receive equal pay.
This time limit for filing an EPA lawsuit is separate from the 90-day filing period under Title
VII, the ADA, GINA or the ADEA referred to above. Therefore, if you also plan to sue under
Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA claim, your lawsuit
must be filed within 90 days of this Notice and within the 2- or 3-year EPA period.
Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction.
Whether you file in Federal or State court is a matter for you to decide after talking to your
attorney. You must file a "complaint" that contains a short statement of the facts of your case
which shows that you are entitled to relief. Filing this Notice is not enough. For more information
about filing a lawsuit, go to https://www.eeoc.gov/employees/lawsuit.cfm.
ATTORNEY REPRESENTATION
For information about locating an attorney to represent you, go to:
https://www.eeoc.gov/employees/lawsuit.cfm.
In very limited circumstances, a U.S. District Court may appoint an attorney to represent individuals
who demonstrate that they are financially unable to afford an attorney.
HOW TO REQUEST YOUR CHARGE FILE AND 90-DAY TIME LIMIT FOR REQUESTS
There are two ways to request a charge file: 1) a FOIA Request or 2) a Section 83 request. You may
request your charge file under either or both procedures. EEOC can generally respond to Section 83
requests more promptly than FOIA requests.
Since a lawsuit must be filed within 90 days of this notice, please submit your request for the charge
file promptly to allow sufficient time for EEOC to respond and for your review. Submit a signed
written request stating it is a “FOIA Request” or a “Section 83 Request” for Charge Number 4502022-05414 to the District Director at Travis M. Nicholson, 207 S. Houston Street 3rd Floor
Dallas, TX 75202.
You can also make a FOIA request online at https://eeoc.arkcase.com/foia/portal/login.

Case 5:23-cv-00210-H

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Filed 01/17/24

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Enclosure with EEOC Notice of Closure and Rights (01/22)

You may request the charge file up to 90 days after receiving this Notice of Right to Sue. After the
90 days have passed, you may request the charge file only if you have filed a lawsuit in court and
provide a copy of the court complaint to EEOC.
For more information on submitting FOIA Requests and Section 83 Requests, go to:
https://www.eeoc.gov/eeoc/foia/index.cfm.
NOTICE OF RIGHTS UNDER THE ADA AMENDMENTS ACT OF 2008 (ADAAA)
The ADA was amended, effective January 1, 2009, to broaden the definitions of disability to make
it easier for individuals to be covered under the ADA/ADAAA. A disability is still defined as (1)
a physical or mental impairment that substantially limits one or more major life activities (actual
disability); (2) a record of a substantially limiting impairment; or (3) being regarded as having a
disability. However, these terms are redefined, and it is easier to be covered under the new law.
If you plan to retain an attorney to assist you with your ADA claim, we recommend that you share
this information with your attorney and suggest that he or she consult the amended regulations and
appendix, and other ADA related publications, available at:
http://www.eeoc.gov/laws/types/disability_regulations.cfm.
“Actual” disability or a “record of” a disability
If you are pursuing a failure to accommodate claim you must meet the standards for either “actual”
or “record of” a disability:
✓ The limitations from the impairment no longer must be severe or significant for the
impairment to be considered substantially limiting.
✓ In addition to activities such as performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, thinking, concentrating, reading, bending, and
communicating (more examples at 29 C.F.R. § 1630.2(i)), “major life activities” now
include the operation of major bodily functions, such as: functions of the immune
system, special sense organs and skin; normal cell growth; and digestive, genitourinary,
bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine,
hemic, lymphatic, musculoskeletal, and reproductive functions; or the operation of an
individual organ within a body system.
✓ Only one major life activity need be substantially limited.
✓ Except for ordinary eyeglasses or contact lenses, the beneficial effects of “mitigating
measures” (e.g., hearing aid, prosthesis, medication, therapy, behavioral modifications)
are not considered in determining if the impairment substantially limits a major life
activity.
✓ An impairment that is “episodic” (e.g., epilepsy, depression, multiple sclerosis) or “in
remission” (e.g., cancer) is a disability if it would be substantially limiting when active.
✓ An impairment may be substantially limiting even though it lasts or is expected to last
fewer than six months.

Case 5:23-cv-00210-H

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“Regarded as” coverage
An individual can meet the definition of disability if an employment action was taken because
of an actual or perceived impairment (e.g., refusal to hire, demotion, placement on involuntary
leave, termination, exclusion for failure to meet a qualification standard, harassment, or denial of
any other term, condition, or privilege of employment).
✓ “Regarded as” coverage under the ADAAA no longer requires that an impairment be
substantially limiting, or that the employer perceives the impairment to be substantially
limiting.
✓

The employer has a defense against a “regarded as” claim only when the impairment at
issue is objectively both transitory (lasting or expected to last six months or less) and
minor.

✓ A person is not able to bring a failure to accommodate claim if the individual is covered
only under the “regarded as” definition of “disability”.
Note: Although the amended ADA states that the definition of disability “shall be construed
broadly” and “should not demand extensive analysis,” some courts require specificity in the
complaint explaining how an impairment substantially limits a major life activity or what facts
indicate the challenged employment action was because of the impairment. Beyond the initial
pleading stage, some courts will require specific evidence to establish disability. For
moreinformation, consult the amended regulations and appendix, as well as explanatory
publications, available at http://www.eeoc.gov/laws/types/disability_regulations.cfm.

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Exhibit B

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Zaid-Kaylani, Samer
From:Faircloth, Johnnie
Sent:Sunday, December 05, 2021 2:51 PM

To:Zaid-Kaylani, Samer
Subject:RE: Urgent and highly confidential
Follow Up Flag:Follow up
Flag Status:Flagged

I vote to place on probation.

-------- Original message -------From: "Zaid-Kaylani, Samer" <Samer.Zaid-Kaylani@ttuhsc.edu>
Date: 12/5/21 2:25 PM (GMT-06:00)
To: "Herrick, Shannon" <Shannon.Herrick@ttuhsc.edu>, "Faircloth, Johnnie" <Johnnie.Faircloth@ttuhsc.edu>,
"Bhaskaran, Smita" <Smita.Bhaskaran@ttuhsc.edu>, "Arawiran, Jenda" <Jenda.Arawiran@ttuhsc.edu>, "Steans, Stacy"
<Stacy.Steans@ttuhsc.edu>, "Lunsford, Alison" <Alison.Lunsford@ttuhsc.edu>, "Mattamal, Raphael"
<Raphael.Mattamal@ttuhsc.edu>, "Griffin, Mandy" <Mandy.Griffin@ttuhsc.edu>, "Alapati, Srilatha"
<Srilatha.Alapati@ttuhsc.edu>

Subject: Urgent and highly confidential
Dear CCC members,

I am calling for an urgent vote on placing Dr Zane Grodman on immediate probation with possible path to
termination. Multiple incidences have occurred and with major concerns occurring in his call coverage

yesterday.
Dr Grodman was on call yesterday Saturday 12/4/2021, this is a call he had chosen to take for [REDACTED] who was
going to take his call later on in the month. He has been aware of this call for months now. He is currently on a

light rotation with Neurology.
During the daytime he had an unusual finding by Dr Mattamal of not going into the patients' rooms during
rounds and staying outside while rounding with the faculty. The service was not busy at that time and he

actually was told to go into the room as one of the patients was his own CC patient whose the parent was

asking for. That evening we had multiple admissions on my service and the GenPeds service. He seemed to
have handled these initially well however, it was reported by the night nurses that he stayed in the resident
call room and didnt come out during the night to support his intern.

One of the outside ERs called Dr Mattamal about a patient with fever and severe anemia [REDACTED]
[REDACTED] Myself and Dr Mattamal discussed a detailed plan that
we both agreed on for this child and this was discussed with Dr Grodman, this included fluid
replacement/transfusion/antibiotics. I had stressed to him that this child is very sick and unless addressed

immediately may have a bad outcome. Child's Hg was 7.6, CRP 230, UA positive for WBCs and nitrite. Patient

was admitted at 1:40, given a bolus, no further fluids written, no antibiotics written, patient doesnt look like
any re-evaluation done. I received a text by Dr Mattamal this morning at 7:15 that the patient never received
any antibiotics (today's senior "second year resident" felt it was weird she was not on antibiotics so called the
1

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attending to check), I arrived at the hospital at 7:40 and saw the patient in warm shock status (HR 170, BP

100/50, pale looking with the blood had just finished. No fluids were given after the initial bolus. Antibiotics
were still not given although they were now in the room as the new senior had ordered them. Patient needed
multiple lines for multiple urgent infusions however due to her clinical status Jill (one of our most senior

nurses) couldnt get an IV, child was moved immediately to the PICU, more fluids given urgently and then more
access obtained, antibiotics given and child showed improvement in her clinic status, Hg post transfusion with
a total of 22 ml/kg transfused only went to 8 (from 7) due to active hemolysis. Patient was febrile during the
whole morning period. Luckily this patient will be ok, lots of red flags in management.
At the same time I witnessed the new senior being called to another room because the patient that was

admitted last night with AGE like picture and dehydration was peeing very dark urine (as per the nurse looked
like thick cheese!), patient had got one bolus only and then placed on maintenance with no re-evaluation
noted for response post admission.

Minutes later tthe resident was called to a third child who was vomiting bile for possible intestinal obstruction
on the surgery service, similarly patient was on maintenance only.
About one week ago, Zane entered the seizure medication for a child into Allscripts as a documentation. The

dose was 4 times the dose he was actually on, Isreal was asked to refill the medication for the patient
sometime later, Luckily Mireya somehow caught the mistake and the medication was never refilled at the
wrong dose.
About two weeks ago, one of the mother's of a baby complained to Dr Leverton about Zane being very rude to

her and trying to forcefully retract the foreskin on her 2 week old baby despite her asking him repeatedly not
to do it.

On his last call with Dr Leverton about 1.5 months ago, there were multiple issues that were raised, one baby
less than 1 month of age was admitted, only fluids placed on the baby, Dr Grodman mentioned he was not

aware of the child having fever despite the night nurse repeatedly questioning him why the child was not
getting antibiotics with the fever! When he called the attending about the child he didnt mention the child had
a fever. The attending found out about the fever in the morning when the new senior resident informed him
and did the appropriate work up needed and therapy. Dr Grodman also discharged a patient with asthma
home from the ER without notifying Dr Leverton or discussing the case with him, this happened despite having

Dr Leverton being at the hospital in the nursery at the time. During that call, he was in the call room and failed
to respond to Dr Bhaskaran's phone calls about a patient being admitted and she had to ask the nurse to

knock on the door to wake him up. He was apologitc about the incident though.

I am not sure what is going on with Zane since he came back from Dallas in September but repeated concerns

have been voiced by residents/faculty and nurses. I am worried about the safety of patients under his care. I
think he is a dangerous resident.

I ask everyone to go ahead and vote for immediate placement in probation status with possible eventual
decision for termination. We will discuss the case further with the GME administration.

Sincerely,
Samer Zaid Kaylani, MD, FAAP

Pediatric Program Director
2

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Exhibit C

Exhibit C

Follow Up Flag: Follow up

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Zaid-Kaylani, Samer
From: Steans, Stacy
Sent: Sunday, December 05, 2021 2:52 PM

To: Bhaskaran, Smita; Zaid-Kaylani, Samer

Cc: Herrick, Shannon; Faircloth, Johnnie; Arawiran, Jenda; Lunsford, Alison; Mattamal,
Raphael; Griffin, Mandy; Alapati, Srilatha

Subject: Re: Urgent and highly confidential

Flag Status: Flagged

These are not the usual run of the mill errors expected from a senior pediatric resident. I am afraid we all have tried our
best to express the seriousness needed to care for our children currently and those yet to come. I would have to vote
for immediate dismissal.

Sincerely,
Stacy T. Steans, MD, MBA
Get Outlook for iOS

From: Bhaskaran, Smita <Smita.Bhaskaran@ttuhsc.edu>
Sent: Sunday, December 5, 2021 2:45:59 PM
To: Zaid-Kaylani, Samer <Samer.Zaid-Kaylani@ttuhsc.edu>
Cc: Herrick, Shannon <Shannon.Herrick@ttuhsc.edu>; Faircloth, Johnnie <Johnnie.Faircloth@ttuhsc.edu>; Arawiran,
Jenda <Jenda.Arawiran@ttuhsc.edu>; Steans, Stacy <Stacy.Steans@ttuhsc.edu>; Lunsford, Alison
<Alison.Lunsford@ttuhsc.edu>; Mattamal, Raphael <Raphael.Mattamal@ttuhsc.edu>; Griffin, Mandy
<Mandy.Griffin@ttuhsc.edu>; Alapati, Srilatha <Srilatha.Alapati@ttuhsc.edu>
Subject: Re: Urgent and highly confidential
Dear Dr.Kaylani,
I vote Yes to proceed with probation/termination. We have made enough and more accommodations for him than any
Program would have.

As I have said before, I worry about our patients that will be placed under his care.
Thanks,

Smita

On Dec 5, 2021, at 2:25 PM, Zaid-Kaylani, Samer <Samer.Zaid-Kaylani@ttuhsc.edu> wrote:

Dear CCC members,

1

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I am calling for an urgent vote on placing Dr Zane Grodman on immediate probation with
possible path to termination. Multiple incidences have occurred and with major concerns

occurring in his call coverage yesterday.

Dr Grodman was on call yesterday Saturday 12/4/2021, this is a call he had chosen to take for
who was going to take his call later on in the month. He has been aware of this call for
months now. He is currently on a light rotation with Neurology.

During the daytime he had an unusual finding by Dr Mattamal of not going into the patients'
rooms during rounds and staying outside while rounding with the faculty. The service was not

busy at that time and he actually was told to go into the room as one of the patients was his
own CC patient whose the parent was asking for. That evening we had multiple admissions on
my service and the GenPeds service. He seemed to have handled these initially well however, it
was reported by the night nurses that he stayed in the resident call room and didnt come out
during the night to support his intern.

One of the outside ERs called Dr Mattamal about a patient with fever and severe anemia [REDACTED]
[REDACTED] Myself and Dr Mattamal
discussed a detailed plan that we both agreed on for this child and this was discussed with Dr
Grodman, this included fluid replacement/transfusion/antibiotics. I had stressed to him that
this child is very sick and unless addressed immediately may have a bad outcome. Child's Hg
was 7.6, CRP 230, UA positive for WBCs and nitrite. Patient was admitted at 1:40, given a bolus,

no further fluids written, no antibiotics written, patient doesnt look like any re-evaluation done.
I received a text by Dr Mattamal this morning at 7:15 that the patient never received any

antibiotics (today's senior "second year resident" felt it was weird she was not on antibiotics so
called the attending to check), I arrived at the hospital at 7:40 and saw the patient in warm
shock status (HR 170, BP 100/50, pale looking with the blood had just finished. No fluids were
given after the initial bolus. Antibiotics were still not given although they were now in the room
as the new senior had ordered them. Patient needed multiple lines for multiple urgent infusions
however due to her clinical status Jill (one of our most senior nurses) couldnt get an IV, child

was moved immediately to the PICU, more fluids given urgently and then more access
obtained, antibiotics given and child showed improvement in her clinic status, Hg post
transfusion with a total of 22 ml/kg transfused only went to 8 (from 7) due to active hemolysis.

Patient was febrile during the whole morning period. Luckily this patient will be ok, lots of red
flags in management.

At the same time I witnessed the new senior being called to another room because the patient
that was admitted last night with AGE like picture and dehydration was peeing very dark urine
2

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(as per the nurse looked like thick cheese!), patient had got one bolus only and then placed on
maintenance with no re-evaluation noted for response post admission.

Minutes later tthe resident was called to a third child who was vomiting bile for possible
intestinal obstruction on the surgery service, similarly patient was on maintenance only.

About one week ago, Zane entered the seizure medication for a child into Allscripts as a
documentation. The dose was 4 times the dose he was actually on, Isreal was asked to refill the
medication for the patient sometime later, Luckily Mireya somehow caught the mistake and the
medication was never refilled at the wrong dose.

About two weeks ago, one of the mother's of a baby complained to Dr Leverton about Zane
being very rude to her and trying to forcefully retract the foreskin on her 2 week old baby
despite her asking him repeatedly not to do it.

On his last call with Dr Leverton about 1.5 months ago, there were multiple issues that were
raised, one baby less than 1 month of age was admitted, only fluids placed on the baby, Dr

Grodman mentioned he was not aware of the child having fever despite the night nurse
repeatedly questioning him why the child was not getting antibiotics with the fever! When he
called the attending about the child he didnt mention the child had a fever. The attending
found out about the fever in the morning when the new senior resident informed him and did
the appropriate work up needed and therapy. Dr Grodman also discharged a patient with
asthma home from the ER without notifying Dr Leverton or discussing the case with him, this
happened despite having Dr Leverton being at the hospital in the nursery at the time. During

that call, he was in the call room and failed to respond to Dr Bhaskaran's phone calls about a
patient being admitted and she had to ask the nurse to knock on the door to wake him up. He
was apologitc about the incident though.

I am not sure what is going on with Zane since he came back from Dallas in September but

repeated concerns have been voiced by residents/faculty and nurses. I am worried about the
safety of patients under his care. I think he is a dangerous resident.

I ask everyone to go ahead and vote for immediate placement in probation status with possible

eventual decision for termination. We will discuss the case further with the GME
administration.

3

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Sincerely,

Samer Zaid Kaylani, MD, FAAP
Pediatric Program Director
Associate Professor of Pediatrics

4

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Exhibit D
D
Exhibit

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From: Mattamal, Raphael
Sent: Sunday, December 05, 2021 3:02 PM
To: Alapati, Srilatha; Bhaskaran, Smita
Cc: Zaid-Kaylani, Samer; Herrick, Shannon; Faircloth, Johnnie; Arawiran, Jenda; Steans, Stacy;
Lunsford, Alison; Griffin, Mandy

Subject: Re: Urgent and highly confidential

Hi all,

I am not happy to vote Yes on this, but I second Dr. Bhaskaran's comment. Most other programs would have terminated his
employment by now. Dr. McLaurin-Jiang and Dr. Leverton have asked me repeatedly why he has not been terminated by the
program yet, and I honestly don't have a good answer for them.
_ _ ' of a resident who did have quite a bit of issues, but
did pretty well on the pediatric rotation to the point that I wrote a letter to the Amarillo program at his request supporting a
probationary period rather than termination. I still think about him from time to time. Mostly because I think I would rather have
him on service rather than Zane sometimes, and that's saying something. I've tried not to make it personal and have been much
more patient with him than I would be with other residents.
This is not a decision to be taken lightly. I think it would have been better to rip the Band-Aid off a year or two ago, but here we are

in the "home stretch" of his residency. He is not fit at this time for fellowship, and certainly not for independent attending physician

practice. Whether this is due to a medical issue, psychiatric issue, or severe personality deficit, I don't know and honestly don't care
at this stage. We are doing a disservice to our patients, our other residents, and our resident's future fellowship prospects (in that he
would be a poison pill to any program that actually takes him for future Tech residents) by keeping him in our employ.
If this committee does not choose to put him on probation or termination, I will continue to work with Zane if he is posted to my
team. But it is exceptionally unlikely at this stage that I will ever trust him.
Thanks,

Raph
Raphael J. Mattamal, MD, FAAP [He/Him/His]
Pediatric Hospitalist / Assistant Professor
Chief of the Department of Pediatrics - NWTHS

[REDACTED]
raphael.mattamal@ttuhsc.edu

Privacy / Confidentiality Notice: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and
privileged information. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact the

sender by reply email and destroy all copies of the original message.

From: Alapati, Srilatha

Sent: Sunday, December 5, 2021 3:00:19 PM
To: Bhaskaran, Smita

Cc: Zaid-Kaylani, Samer; Herrick, Shannon; Faircloth, Johnnie; Arawiran, Jenda; Steans, Stacy; Lunsford, Alison;

Mattamal, Raphael; Griffin, Mandy
Subject: Re: Urgent and highly confidential
Hi Samer,

In keeping the safety of the patients, I vote yes for probation. I do agree that we had given him multiple chances to

improve and still showed no improvement. This is not appropriate level of care for a third year resident. At least here he
has faculty/ other residents to find his mistakes and rectify them in time to save the patients, but worried even more
about the safety of the patients after graduation.
1

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Srilatha.

Thank you
Sent from my iPhone

On Dec 5, 2021, at 2:46 PM, Bhaskaran, Smita <Smita.Bhaskaran@ttuhsc.edu> wrote:

Dear Dr.Kaylani,
I vote Yes to proceed with probation/termination. We have made enough and more accommodations
for him than any Program would have.

As I have said before, I worry about our patients that will be placed under his care.

Thanks,
Smita

On Dec 5, 2021, at 2:25 PM, Zaid-Kaylani, Samer <Samer.Zaid-Kaylani@ttuhsc.edu>
wrote:

Dear CCC members,
I am calling for an urgent vote on placing Dr Zane Grodman on immediate

probation with possible path to termination. Multiple incidences have occurred
and with major concerns occurring in his call coverage yesterday.

Dr Grodman was on call yesterday Saturday 12/4/2021, this is a call he had
chosen to take for [REDACTED] who was going to take his call later on in the month. He

has been aware of this call for months now. He is currently on a light rotation
with Neurology.
During the daytime he had an unusual finding by Dr Mattamal of not going into
the patients' rooms during rounds and staying outside while rounding with the
faculty. The service was not busy at that time and he actually was told to go into

the room as one of the patients was his own CC patient whose the parent was
asking for. That evening we had multiple admissions on my service and the
GenPeds service. He seemed to have handled these initially well however, it was

reported by the night nurses that he stayed in the resident call room and didnt
come out during the night to support his intern.

One of the outside ERs called Dr Mattamal about a patient with fever and severe

anemia [REDACTED]

[REDACTED] Myself and Dr Mattamal discussed a detailed plan that we both
2

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agreed on for this child and this was discussed with Dr Grodman, this included
fluid replacement/transfusion/antibiotics. I had stressed to him that this child is
very sick and unless addressed immediately may have a bad outcome. Child's Hg
was 7.6, CRP 230, UA positive for WBCs and nitrite. Patient was admitted at 1:40,

given a bolus, no further fluids written, no antibiotics written, patient doesnt
look like any re-evaluation done. I received a text by Dr Mattamal this morning at
7:15 that the patient never received any antibiotics (today's senior "second year
resident" felt it was weird she was not on antibiotics so called the attending to
check), I arrived at the hospital at 7:40 and saw the patient in warm shock status

(HR 170, BP 100/50, pale looking with the blood had just finished. No fluids were
given after the initial bolus. Antibiotics were still not given although they were
now in the room as the new senior had ordered them. Patient needed multiple

lines for multiple urgent infusions however due to her clinical status Jill (one of

our most senior nurses) couldnt get an IV, child was moved immediately to the

PICU, more fluids given urgently and then more access obtained, antibiotics
given and child showed improvement in her clinic status, Hg post transfusion

with a total of 22 ml/kg transfused only went to 8 (from 7) due to active
hemolysis. Patient was febrile during the whole morning period. Luckily this
patient will be ok, lots of red flags in management.
At the same time I witnessed the new senior being called to another room
because the patient that was admitted last night with AGE like picture and
dehydration was peeing very dark urine (as per the nurse looked like thick
cheese!), patient had got one bolus only and then placed on maintenance with
no re-evaluation noted for response post admission.

Minutes later tthe resident was called to a third child who was vomiting bile for
possible intestinal obstruction on the surgery service, similarly patient was on
maintenance only.
About one week ago, Zane entered the seizure medication for a child into
Allscripts as a documentation. The dose was 4 times the dose he was actually on,
Isreal was asked to refill the medication for the patient sometime later, Luckily

Mireya somehow caught the mistake and the medication was never refilled at
the wrong dose.
About two weeks ago, one of the mother's of a baby complained to Dr Leverton
about Zane being very rude to her and trying to forcefully retract the foreskin on
her 2 week old baby despite her asking him repeatedly not to do it.
On his last call with Dr Leverton about 1.5 months ago, there were multiple
issues that were raised, one baby less than 1 month of age was admitted, only
fluids placed on the baby, Dr Grodman mentioned he was not aware of the child
having fever despite the night nurse repeatedly questioning him why the child

was not getting antibiotics with the fever! When he called the attending about
the child he didnt mention the child had a fever. The attending found out about

the fever in the morning when the new senior resident informed him and did the
appropriate work up needed and therapy. Dr Grodman also discharged a patient
3

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with asthma home from the ER without notifying Dr Leverton or discussing the
case with him, this happened despite having Dr Leverton being at the hospital in

the nursery at the time. During that call, he was in the call room and failed to
respond to Dr Bhaskaran's phone calls about a patient being admitted and she
had to ask the nurse to knock on the door to wake him up. He was apologitc

about the incident though.
I am not sure what is going on with Zane since he came back from Dallas in
September but repeated concerns have been voiced by residents/faculty and

nurses. I am worried about the safety of patients under his care. I think he is a
dangerous resident.
I ask everyone to go ahead and vote for immediate placement in probation
status with possible eventual decision for termination. We will discuss the case
further with the GME administration.

Sincerely,
Samer Zaid Kaylani, MD, FAAP
Pediatric Program Director
Associate Professor of Pediatrics

4

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Exhibit E

Exhibit E

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Zaid-Kaylani, Samer
From: Arawiran, Jenda

Sent: Sunday, December 05, 2021 3:06 PM
To: Zaid-Kaylani, Samer

Subject: RE: Urgent and highly confidential
Follow Up Flag: Follow up
Flag Status: Flagged

I agree to place Zane on probation then possible termination. Sad but necessary.

Please excuse errors and brevity, sent from my mobile device.

Jenda M. Arawiran

-------- Original message -------From: "Zaid-Kaylani, Samer" <Samer.Zaid-Kaylani@ttuhsc.edu>
Date: 12/5/21 2:25 PM (GMT-06:00)
To: "Herrick, Shannon" <Shannon.Herrick@ttuhsc.edu>, "Faircloth, Johnnie" <Johnnie.Faircloth@ttuhsc.edu>,

"Bhaskaran, Smita" <Smita.Bhaskaran@ttuhsc.edu>, "Arawiran, Jenda" <Jenda.Arawiran@ttuhsc.edu>, "Steans, Stacy"
<Stacy.Steans@ttuhsc.edu>, "Lunsford, Alison" <Alison.Lunsford@ttuhsc.edu>, "Mattamal, Raphael"

<Raphael.Mattamal@ttuhsc.edu>, "Griffin, Mandy" <Mandy.Griffin@ttuhsc.edu>, "Alapati, Srilatha"
<Srilatha.Alapati@ttuhsc.edu>

Subject: Urgent and highly confidential

Dear CCC members,

I am calling for an urgent vote on placing Dr Zane Grodman on immediate probation with possible path to

termination. Multiple incidences have occurred and with major concerns occurring in his call coverage
yesterday.

Dr Grodman was on call yesterday Saturday 12/4/2021, this is a call he had chosen to take for who was
going to take his call later on in the month. He has been aware of this call for months now. He is currently on a

light rotation with Neurology.

During the daytime he had an unusual finding by Dr Mattamal of not going into the patients' rooms during
rounds and staying outside while rounding with the faculty. The service was not busy at that time and he

actually was told to go into the room as one of the patients was his own CC patient whose the parent was
asking for. That evening we had multiple admissions on my service and the GenPeds service. He seemed to

have handled these initially well however, it was reported by the night nurses that he stayed in the resident
call room and didnt come out during the night to support his intern.

One of the outside ERs called Dr Mattamal about a patient with fever and severe anemia [REDACTED]

[REDACTED] Myself and Dr Mattamal discussed a detailed plan that
1

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we both agreed on for this child and this was discussed with Dr Grodman, this included fluid
replacement/transfusion/antibiotics. I had stressed to him that this child is very sick and unless addressed

was admit ed at 1:40, given a bolus, no further fluids writ en, no antibiotics written, patient doesnt look like

immediately may have a bad outcome. Child's Hg was 7.6, CRP 230, UA positive for WBCs and nitrite. Patient

any re-evaluation done. I received a text by Dr Mattamal this morning at 7:15 that the patient never received
any antibiotics (today's senior "second year resident" felt it was weird she was not on antibiotics so called the

attending to check), I arrived at the hospital at 7:40 and saw the patient in warm shock status (HR 170, BP
100/50, pale looking with the blood had just finished. No fluids were given after the initial bolus. Antibiotics
were still not given although they were now in the room as the new senior had ordered them. Patient needed
multiple lines for multiple urgent infusions however due to her clinical status Jill (one of our most senior
nurses) couldnt get an IV, child was moved immediately to the PICU, more fluids given urgently and then more
access obtained, antibiotics given and child showed improvement in her clinic status, Hg post transfusion with
a total of 22 ml/kg transfused only went to 8 (from 7) due to active hemolysis. Patient was febrile during the

whole morning period. Luckily this patient will be ok, lots of red flags in management.
At the same time I witnessed the new senior being called to another room because the patient that was
admitted last night with AGE like picture and dehydration was peeing very dark urine (as per the nurse looked

like thick cheese!), patient had got one bolus only and then placed on maintenance with no re-evaluation
noted for response post admission.

Minutes later tthe resident was called to a third child who was vomiting bile for possible intestinal obstruction

on the surgery service, similarly patient was on maintenance only.

About one week ago, Zane entered the seizure medication for a child into Allscripts as a documentation. The
dose was 4 times the dose he was actually on, Isreal was asked to refill the medication for the patient

sometime later, Luckily Mireya somehow caught the mistake and the medication was never refilled at the
wrong dose.

About two weeks ago, one of the mother's of a baby complained to Dr Leverton about Zane being very rude to
her and trying to forcefully retract the foreskin on her 2 week old baby despite her asking him repeatedly not
to do it.

On his last call with Dr Leverton about 1.5 months ago, there were multiple issues that were raised, one baby

less than 1 month of age was admitted, only fluids placed on the baby, Dr Grodman mentioned he was not
aware of the child having fever despite the night nurse repeatedly questioning him why the child was not
getting antibiotics with the fever! When he called the attending about the child he didnt mention the child had
a fever. The attending found out about the fever in the morning when the new senior resident informed him
and did the appropriate work up needed and therapy. Dr Grodman also discharged a patient with asthma
home from the ER without notifying Dr Leverton or discussing the case with him, this happened despite having
Dr Leverton being at the hospital in the nursery at the time. During that call, he was in the call room and failed

to respond to Dr Bhaskaran's phone calls about a patient being admitted and she had to ask the nurse to
knock on the door to wake him up. He was apologitc about the incident though.

I am not sure what is going on with Zane since he came back from Dallas in September but repeated concerns
have been voiced by residents/faculty and nurses. I am worried about the safety of patients under his care. I

think he is a dangerous resident.

2

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I ask everyone to go ahead and vote for immediate placement in probation status with possible eventual
decision for termination. We will discuss the case further with the GME administration.
Sincerely,
Samer Zaid Kaylani, MD, FAAP
Pediatric Program Director
Associate Professor of Pediatrics

3

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Exhibit F

Exhibit F

Subject: Re: Urgent and highly confidential

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Zaid-Kaylani, Samer
From: Griffin, Mandy
Sent: Sunday, December 05, 2021 4:21 PM

To: Mattamal, Raphael

Cc: Alapati, Srilatha; Bhaskaran, Smita; Zaid-Kaylani, Samer; Herrick, Shannon; Faircloth,
Johnnie; Arawiran, Jenda; Steans, Stacy; Lunsford, Alison

Follow Up Flag: Follow up
Flag Status: Flagged

All,

I have read Dr. Kaylani's email and responses thus far. I support the decision to put him on immediate probation with
the further discussion about termination.

Mandy

Sent from my iPhone

On Dec 5, 2021, at 4:01 PM, Mattamal, Raphael <Raphael.Mattamal@ttuhsc.edu> wrote:

Hi all,

I am not happy to vote Yes on this, but I second Dr. Bhaskaran's comment. Most other programs would have

terminated his employment by now. Dr. McLaurin-Jiang and Dr. Leverton have asked me repeatedly why he has
not been terminated by the program yet, and I honestly don't have a good answer for them.

of a resident who did have quite
a bit of issues, but did pretty well on the pediatric rotation to the point that I wrote a letter to the Amarillo

program at his request supporting a probationary period rather than termination. I still think about him from time
to time. Mostly because I think I would rather have him on service rather than Zane sometimes, and that's saying
something. I've tried not to make it personal and have been much more patient with him than I would be with
other residents.

This is not a decision to be taken lightly. I think it would have been better to rip the Band-Aid off a year or two ago,

but here we are in the "home stretch" of his residency. He is not fit at this time for fellowship, and certainly not for
independent attending physician practice. Whether this is due to a medical issue, psychiatric issue, or severe

personality deficit, I don't know and honestly don't care at this stage. We are doing a disservice to our patients, our
other residents, and our resident's future fellowship prospects (in that he would be a poison pill to any program
that actually takes him for future Tech residents) by keeping him in our employ.
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If this committee does not choose to put him on probation or termination, I will continue to work with Zane if he is
posted to my team. But it is exceptionally unlikely at this stage that I will ever trust him.

Thanks,

Raph

Raphael J. Mattamal, MD, FAAP [He/Him/His]
Pediatric Hospitalist / Assistant Professor
Chief of the Department of Pediatrics - NWTHS

[REDACTED]
raphael.mattamal@ttuhsc.edu

Privacy / Confidentiality Notice: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the

intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Alapati, Srilatha
Sent: Sunday, December 5, 2021 3:00:19 PM
To: Bhaskaran, Smita

Cc: Zaid-Kaylani, Samer; Herrick, Shannon; Faircloth, Johnnie; Arawiran, Jenda; Steans, Stacy; Lunsford,
Alison; Mattamal, Raphael; Griffin, Mandy
Subject: Re: Urgent and highly confidential
Hi Samer,

In keeping the safety of the patients, I vote yes for probation. I do agree that we had given him multiple
chances to improve and still showed no improvement. This is not appropriate level of care for a third
year resident. At least here he has faculty/ other residents to find his mistakes and rectify them in time
to save the patients, but worried even more about the safety of the patients after graduation.
Srilatha.

Thank you
Sent from my iPhone

On Dec 5, 2021, at 2:46 PM, Bhaskaran, Smita <Smita.Bhaskaran@ttuhsc.edu> wrote:
Dear Dr.Kaylani,

I vote Yes to proceed with probation/termination. We have made enough and more
accommodations for him than any Program would have.
As I have said before, I worry about our patients that will be placed under his care.
Thanks,

Smita

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On Dec 5, 2021, at 2:25 PM, Zaid-Kaylani, Samer <Samer.ZaidKaylani@ttuhsc.edu> wrote:

Dear CCC members,

I am calling for an urgent vote on placing Dr Zane Grodman on
immediate probation with possible path to termination. Multiple
incidences have occurred and with major concerns occurring in his
call coverage yesterday.

Dr Grodman was on call yesterday Saturday 12/4/2021, this is a
call he had chosen to take for who was going to take his
call later on in the month. He has been aware of this call for

months now. He is currently on a light rotation with Neurology.

During the daytime he had an unusual finding by Dr Mattamal of
not going into the patients' rooms during rounds and staying

outside while rounding with the faculty. The service was not busy
at that time and he actually was told to go into the room as one of

the patients was his own CC patient whose the parent was asking
for. That evening we had multiple admissions on my service and
the GenPeds service. He seemed to have handled these

initially well however, it was reported by the night nurses that he
stayed in the resident call room and didnt come out during the
night to support his intern.

One of the outside ERs called Dr Mattamal about a patient with

fever and severe anemia [REDACTED]

[REDACTED] Myself and Dr Mattamal
discussed a detailed plan that we both agreed on for this child and
this was discussed with Dr Grodman, this included fluid
replacement/transfusion/antibiotics. I had stressed to him that
this child is very sick and unless addressed immediately may have
a bad outcome. Child's Hg was 7.6, CRP 230, UA positive for WBCs
and nitrite. Patient was admitted at 1:40, given a bolus, no further
fluids written, no antibiotics written, patient doesnt look like any
3

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re-evaluation done. I received a text by Dr Mattamal this morning

at 7:15 that the patient never received any antibiotics (today's
senior "second year resident" felt it was weird she was not on
antibiotics so called the attending to check), I arrived at the

hospital at 7:40 and saw the patient in warm shock status (HR
170, BP 100/50, pale looking with the blood had just finished. No
fluids were given after the initial bolus. Antibiotics were still not

given although they were now in the room as the new senior had
ordered them. Patient needed multiple lines for multiple
urgent infusions however due to her clinical status Jill (one of our
most senior nurses) couldnt get an IV, child was moved
immediately to the PICU, more fluids given urgently and then
more access obtained, antibiotics given and child showed
improvement in her clinic status, Hg post transfusion with a total
of 22 ml/kg transfused only went to 8 (from 7) due to active
hemolysis. Patient was febrile during the whole morning period.
Luckily this patient will be ok, lots of red flags in management.

At the same time I witnessed the new senior being called to
another room because the patient that was admitted last night

with AGE like picture and dehydration was peeing very dark urine
(as per the nurse looked like thick cheese!), patient had got one
bolus only and then placed on maintenance with no re-evaluation
noted for response post admission.

Minutes later tthe resident was called to a third child who was

vomiting bile for possible intestinal obstruction on the surgery

service, similarly patient was on maintenance only.

About one week ago, Zane entered the seizure medication for a
child into Allscripts as a documentation. The dose was 4 times the
dose he was actually on, Isreal was asked to refill the medication
for the patient sometime later, Luckily Mireya somehow caught
the mistake and the medication was never refilled at the wrong
dose.

About two weeks ago, one of the mother's of a baby complained
to Dr Leverton about Zane being very rude to her and trying
to forcefully retract the foreskin on her 2 week old baby despite

her asking him repeatedly not to do it.
4

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On his last call with Dr Leverton about 1.5 months ago, there were
multiple issues that were raised, one baby less than 1 month of
age was admitted, only fluids placed on the baby, Dr Grodman
mentioned he was not aware of the child having fever despite the
night nurse repeatedly questioning him why the child was not

getting antibiotics with the fever! When he called the attending
about the child he didnt mention the child had a fever. The

attending found out about the fever in the morning when the

new senior resident informed him and did the appropriate work
up needed and therapy. Dr Grodman also discharged a patient
with asthma home from the ER without notifying Dr Leverton or

discussing the case with him, this happened despite having Dr
Leverton being at the hospital in the nursery at the time. During

that call, he was in the call room and failed to respond to Dr
Bhaskaran's phone calls about a patient being admitted and she

had to ask the nurse to knock on the door to wake him up. He was
apologitc about the incident though.

I am not sure what is going on with Zane since he came back from

Dallas in September but repeated concerns have been voiced by
residents/faculty and nurses. I am worried about the safety of
patients under his care. I think he is a dangerous resident.

I ask everyone to go ahead and vote for immediate placement in
probation status with possible eventual decision for termination.
We will discuss the case further with the GME administration.

Sincerely,

Samer Zaid Kaylani, MD, FAAP
Pediatric Program Director
Associate Professor of Pediatrics

5

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Exhibit G

Exhibit G

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Zaid-Kaylani, Samer
From:Lunsford, Alison

Sent:Monday, December 06, 2021 8:08 AM
To:Zaid-Kaylani, Samer
Subject:RE: Urgent and highly confidential

Follow Up Flag:Follow up
Flag Status:Flagged

Samer

I vote yes to placing him on immediate probation.
Alison

From: Zaid-Kaylani, Samer <Samer.Zaid-Kaylani@ttuhsc.edu>
Sent: Sunday, December 05, 2021 2:25 PM

To: Herrick, Shannon <Shannon.Herrick@ttuhsc.edu>; Faircloth, Johnnie <Johnnie.Faircloth@ttuhsc.edu>; Bhaskaran,
Smita <Smita.Bhaskaran@ttuhsc.edu>; Arawiran, Jenda <Jenda.Arawiran@ttuhsc.edu>; Steans, Stacy
<Stacy.Steans@ttuhsc.edu>; Lunsford, Alison <Alison.Lunsford@ttuhsc.edu>; Mattamal, Raphael

<Raphael.Mattamal@ttuhsc.edu>; Griffin, Mandy <Mandy.Griffin@ttuhsc.edu>; Alapati, Srilatha
<Srilatha.Alapati@ttuhsc.edu>
Subject: Urgent and highly confidential
Importance: High

Dear CCC members,
I am calling for an urgent vote on placing Dr Zane Grodman on immediate probation with possible path to
termination. Multiple incidences have occurred and with major concerns occurring in his call coverage
yesterday.

Dr Grodman was on call yesterday Saturday 12/4/2021, this is a call he had chosen to take for [REDACTED] who was
going to take his call later on in the month. He has been aware of this call for months now. He is currently on a
light rotation with Neurology.

During the daytime he had an unusual finding by Dr Mattamal of not going into the patients' rooms during
rounds and staying outside while rounding with the faculty. The service was not busy at that time and he
actually was told to go into the room as one of the patients was his own CC patient whose the parent was
asking for. That evening we had multiple admissions on my service and the GenPeds service. He seemed to
have handled these initially well however, it was reported by the night nurses that he stayed in the resident
call room and didnt come out during the night to support his intern.

One of the outside ERs called Dr Mattamal about a patient with fever and severe anemia [REDACTED]

[REDACTED] Myself and Dr Mattamal discussed a detailed plan that
we both agreed on for this child and this was discussed with Dr Grodman, this included fluid

replacement/transfusion/antibiotics. I had stressed to him that this child is very sick and unless addressed
immediately may have a bad outcome. Child's Hg was 7.6, CRP 230, UA positive for WBCs and nitrite. Patient
1

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was admitted at 1:40, given a bolus, no further fluids written, no antibiotics written, patient doesnt look like
any re-evaluation done. I received a text by Dr Mattamal this morning at 7:15 that the patient never received

any antibiotics (today's senior "second year resident" felt it was weird she was not on antibiotics so called the
attending to check), I arrived at the hospital at 7:40 and saw the patient in warm shock status (HR 170, BP
100/50, pale looking with the blood had just finished. No fluids were given after the initial bolus. Antibiotics
were still not given although they were now in the room as the new senior had ordered them. Patient needed

multiple lines for multiple urgent infusions however due to her clinical status Jill (one of our most senior
nurses) couldnt get an IV, child was moved immediately to the PICU, more fluids given urgently and then more
access obtained, antibiotics given and child showed improvement in her clinic status, Hg post transfusion with

a total of 22 ml/kg transfused only went to 8 (from 7) due to active hemolysis. Patient was febrile during the
whole morning period. Luckily this patient will be ok, lots of red flags in management.
At the same time I witnessed the new senior being called to another room because the patient that was

admitted last night with AGE like picture and dehydration was peeing very dark urine (as per the nurse looked
like thick cheese!), patient had got one bolus only and then placed on maintenance with no re-evaluation
noted for response post admission.

Minutes later tthe resident was called to a third child who was vomiting bile for possible intestinal obstruction
on the surgery service, similarly patient was on maintenance only.
About one week ago, Zane entered the seizure medication for a child into Allscripts as a documentation. The
dose was 4 times the dose he was actually on, Isreal was asked to refill the medication for the patient

sometime later, Luckily Mireya somehow caught the mistake and the medication was never refilled at the
wrong dose.
About two weeks ago, one of the mother's of a baby complained to Dr Leverton about Zane being very rude to
her and trying to forcefully retract the foreskin on her 2 week old baby despite her asking him repeatedly not
to do it.

On his last call with Dr Leverton about 1.5 months ago, there were multiple issues that were raised, one baby

less than 1 month of age was admitted, only fluids placed on the baby, Dr Grodman mentioned he was not
aware of the child having fever despite the night nurse repeatedly questioning him why the child was not
getting antibiotics with the fever! When he called the attending about the child he didnt mention the child had
a fever. The attending found out about the fever in the morning when the new senior resident informed him
and did the appropriate work up needed and therapy. Dr Grodman also discharged a patient with asthma
home from the ER without notifying Dr Leverton or discussing the case with him, this happened despite having
Dr Leverton being at the hospital in the nursery at the time. During that call, he was in the call room and failed

to respond to Dr Bhaskaran's phone calls about a patient being admitted and she had to ask the nurse to
knock on the door to wake him up. He was apologitc about the incident though.
I am not sure what is going on with Zane since he came back from Dallas in September but repeated concerns
have been voiced by residents/faculty and nurses. I am worried about the safety of patients under his care. I
think he is a dangerous resident.
I ask everyone to go ahead and vote for immediate placement in probation status with possible eventual
decision for termination. We will discuss the case further with the GME administration.

Sincerely,
2

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Samer Zaid Kaylani, MD, FAAP
Pediatric Program Director
Associate Professor of Pediatrics

3

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Exhibit H

Exhibit H

TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER?
at Amarillo

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Department of Pediatrics
CONFIDENTIAL-PEER REVIEW

March 23, 2020

Via Hand Delivery:
Schyler Zane Grodman, MD
PGY 1, Pediatric Resident
1400 S. Coulter

RE: Letter of Observation
Dear Dr. Grodman,

This letter is to notify you that effective March 23, 2020, you are being placed on a period
of observation due to your medical knowledge, professionalism competency, system
based competency, patient care, practice based learning, and interpersonal skill
deficiencies as outlined by ACGME for physicians in training.
1. Medical knowledge: Concerns have been voiced by faculty and senior residents about the depth
of your medical knowledge and your ability to address the different medical diseases that

patients may have. The thoroughness of your history taking, patient medical exam and ability to
formulate a differential have been below the level expected for a resident at your level of
training.

Suggested solutions:
· Increase your reading on daily bases from Nelson Pediatric Text book

· Solve PREP questions on daily bases with adequate review of the answers and the
explanation of each answer.

· Respectfully inquire from the attending's and senior residents (not question them) to
learn from every case you are involved in.
· Set up meetings with your mentor every 2 weeks to review your active learning plan and
progress.

2. Professionalism: There have been concerns about your behavior towards your senior colleagues.
For example, you have been disrespectful and behaved with an aggressive manner toward them.
Additionally, you have made rude comments about some of the patients, along with a non-

respectful approach towards the patients. Colleagues have noted in-appropriate language being
used within the clinic setting and some nurses have voiced concerns about professionalism in
addressing their questions and concerns.

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Suggested solutions:

· Show adequate respect towards your attendings, senior residents, nurses, patients and their families.
· You are required to set up a meeting with the Wel ness and Rehabilitation Committee at Texas Tech and fol ow their recommendations.
· Be mindful of all language used in front of your colleagues and patients.

3.Systembasedcompetency:Thereareconcernsthatyouarenotwantingtofollowthesystemsthatareinplaceforconsultationsrelatedtopatients.Whilewedoencourageresidentstotrytoimprovesystems,westil ne dtocomplywithestablishedpolicies,andthenfindtheap ropriatevenuestodiscus andupdatethem.
4. Patient Care: As mentioned above, there have be n concerns that you don·t attempt to establish rap ort with the patient. Instead, you are more focused on completing the encounter, without ad res ing all the is ues and families concerns.
Suggested Solution:

· Establish more rapport with the patients by spending adequate time with both the parents and patient.
· Discuss with your continuity attending about how to further improve on this aspect.

5. Practice-based learning and improvement: There has been adequate response to fe dback over the past 9 months, however the change in response to fe dback ne ds to be consistent and continuous.
6. Interpersonal Communication skil s: This has been addressed in both the professionalism and the patient care points.

As per the above concerns, you will be observed closely for improvement in the points mentioned above and you wil also be measured by:
1. OSCE exam achieving an average of B or higher.
2. Mock board exam with a minimum of 50% correct answers.

3. 1st year quiz involving case based questions and writing orders, need to achieve a 60% correct.

4. 5 clinical notes involving both clinic and hospital set ing wil be reviewed for accuracy and having all the points expected in the SOAP style.
5. Meeting with the Wel ness and Rehabilitation Committee at Texas Tech and fol owing their recommendations sufficiently.

ObservationwilstartonMarch23,2020,andwilbere-evaluatedintheClinicalCompetencyMetingonMay28,2020.Atthattime,adecisionwilbemadewhetheryouhavehadaresolution/improvementintheaspectsmentionedabove.Afailuretomettheexpectationabovewillresultinyoubeingplacedonprobation,andtheposibilityofnon-renewalofyourcontract.BeingplacedonaprobationstatusisreportabletotheTexasMedicalBoard.

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This serves as a notification of such action,
Sincerely,
Samer Zaid Kaylani, MD, FAAP

Schyler Zane Grodman, MD

Pediatric Program Director

Pediatric Resident

Texas Tech University Health Sciences Center

Texas Tech University Health Sciences Center

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Exhibit I

Exhibit I

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TEXAS TECH UNIVERSITY

HEALTH SCIENCES CENTER·
at Amarillo

Department of Pediatrics

June 2, 2020

Schyler Zane Grodman, MD
Re: Observation Status update

Dear Dr. Grodman:

This letter is intended to inform you that the Clinical Competency Committee (CCC) met on 05/28/2020
and discussed your clinical and professional progress for the period 03/23/2020 to the date of the
meeting. Data was provided from feedback from your supervising residents and attendings, mock board

exam, Intern quiz and OSCE exam. The committee was also updated that you had met with the
Committee on Physician Health, Wellness, and Rehabilitation (CHWR) via Zoom on May 7, 2020. The

committee appreciated your voluntary participation and willingness to answer the committee's
questions.
Based on the above information, it was the decision of the CCC to:

1. Remove you from the observation status that you were placed under
2. Consider the recommendations of the CHWR.

3. You can expect a review of your progress over the next 4 months (June-September 2020) at the CCC
meeting scheduled for October 1st.
We commend you for the good effort at addressing the different concerns that were included in your
original observation letter and urge you to continue to work hard on continuing your residency
successfully.

Sincerely,

Samer Zaid Kaylani, MD, FAAP
Pediatric Program Director
Associate Professor of Pediatric

Hematology and Oncology

cc:

Kristin Stutz
Robert P. Kauffman, MD

Shannon Herrick, MD

Texas Tech University Health Sciences Center 1400 S. Coulter Street Amarillo, TX. 79106 P: 806-414-9786

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Exhibit J

Exhibit J

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TEXAS TECH UNIVERSITY

HEALTH SCIENCES CENTER·
at Amarillo

Department of Pediatrics
December 17, 2021

Schyler Zane Grodman, MD
Department of Pediatrics
TTUHSC School of Medicine
1400 S. Coulter Drive

Amarillo, Texas 79106
Re: Probation Status

Dear Dr. Grodman:

This letter provides you notification that as of December 17, 2021, you are hereby placed on Probation status until
a review of your ·Probation Objectives· is completed by the Clinical Competency Committee (CCC) on March 24,
2022.

It was the decision of the CCC to place you on probation because of your failure to adequately remediate areas of
academic deficiencies noted in prior corrective action plans; failure to meet the objectives expected for a third-year

resident; your performance presents a serious comprise to acceptable standards of patient care; you are failing to

progress satisfactorily in fund knowledge, skill acquisition and professional development; and your unprofessional
conduct.

The following are major issues of concern:
1. Medical knowledge: Your most recent In-service Exam score showed a score of 56% correct
answers with a scaled score of 143. Based on that, your predicted score of passing the board is
at 61%. Your score is the lowest score among your same year colleagues. For your level of
training the national average is 64% with a scaled score of 162. Also, a third year Mock Board
exam was performed and you attained a very low score of 47.5% correct which is the lowest score

as compared to your 3rd year colleagues.
2. Patient care: There have been multiple examples of serious patient related incidences that are
considered major red flags in patient management and could have placed the patients in real
morbid situations.

a. You recently mismanaged a 3-year-old with severe hemolytic anemia and severe
infection. Both faculty members had clearly discussed with Dr. Grodman that patient is
having red cell breakdown due to a severe infection (her red blood cells are very sensitive
to infection and they break). The fact that the patient was septic was stressed to the
resident. Patient was considered as being in warm shock in the morning that could have
progressed to severe complications and death. The patient did grow E.coli from her urine

so a severe bacterial infection was present in this patient.
i. We have discussed this case today during our discussion of the probation status.
b. You had a five-year-old also admitted for severe acute Gastroenteritis, you placed the
patient on regular maintenance fluids without rechecking if the patient

Texas Tech University Health Sciences Center 1400 S. Coulter Street Amarillo, TX. 79106 P: 806-414-9786

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needed further fluid resuscitation. The patient had Rota virus, E.coli EPEC, Giardia

and Adenovirus in the stool causing the severe vomiting and diarrhea that required
close attention to fluids in this patient.
i. We discussed this case today during our discussion of the probation status.

c. You recently took care of an 8-year-old asthmatic in the ER that you discharged
home without communicating with the attending on service
i. We discussed this incident with recommendations about your
management on October 3rd, 2021.
d. You took care of a 5-week-old admitted from the ED with fever of 105. No

antibiotics were started on this baby for almost 7 hours despite the nurses
questioning why the child was not on antibiotics with the fever he had.

i. We discussed this incident with recommendations about your
management on October 3rd, 2021.

e. You recently entered the wrong dose on a child's anti-seizure medication into the
Allscripts system that was fortunately caught before the patient had a refill on the
wrong dose.
i. We discussed this incident on November 30th, 2021 and reminded you of

the importance of paying attention to detail and double checking your
documentation.

f. We have just received evaluations from the faculty in Dallas that showed you had
many areas of underperformance as a third-year resident. Some of the comments

they have mentioned are:
i. Major issues with patient care, inability to recognize sick versus not sick

children and unprofessional behavior towards faculty.

a. We have discussed these issues today during our discussion of the
probation status.
3. Professionalism:

a. The current interns mention feeling very unsafe, from a patient care point, being

on call with you. They have also mentioned concerns about your attitude and
possible anger outbursts.
b. Inappropriate supervision of interns during your calls
c. The faculty have voiced serious concerns about you communicating with them

about their patients. They mentioned that your history and physical are not at the
level a 3rd year resident should be. There are major deficits that you are failing to
collect that affect patient care.

d. Not abiding by the rules of Texas Tech in attending a rotation and seeing patients.
e. Unprofessional behavior towards children and ignoring the parent's requests.
i. You were counseled about these different concerns with possible solutions
on December 10, 2021
Probation Objectives

Medical knowledge:
1. Provide documentation by March 10, 2022 that you have solved all PREP questions

through the past 2 years (2020,2021). ·
2. Pass the PICU OSCE case that will be done in January for the 3rd year residents. ·

3. Pass the NICU OSCE case that will be done in February for the 3rd year residents.·

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4. Achieve a comparable result to your 3rd year resident colleagues in the Mock Board in March 2022.
Patient Care:

1. You need to prepare a lecture about shock and management of shock in patients and present to your col eagues on February 24, 2022.
2. As mentioned above, pass the OSCE case in January and February 2022.

3. Receive favorable evaluations that state you meet your level of training or above from majority of the faculty you work with during the next 3 months.
4. No further serious events involving patients need to occur due to poor documentation, poor fol ow up or poor communication with the faculty.
Professionalism:

1. Receive favorable evaluations from your colleagues.

2. Receive favorable evaluations on professionalism from your faculty.

3. No incidences of anger towards any resident/nurse or patient's family and that includes the use of profane words.
4. You need to fol ow the rules and regulations as dictated by the program that were written based on the ACGME rules and regulations.

5. During the probation period, you wil be ful y supervised by al the faculty in al patient encounters, reporting al the history and physical and discus ing in detail all the aspects of care related to that patient.

6.Youwillne dtosetupame tingwiththeCHWRcommite todiscus theconcernsmentionedinthisleter.Youalsone dtosetupregularme tingswiththeEAPtoestablishago dcounselingrelationshipasyouhaddisclosedis ueswithconcentratingandbeingabletofunctionforextendedperiodsoftime.

OnMarch24,202 theC Cwilconsideradjustingyourprobationarystatusanddeterminewhethertocontinueyourprobationorrecom endtodismis youfromtheResidencyProgramiftheabove"ProbationObjectives"arenotmet.Furthermore,duringthisperiodofprobationandevaluation,ocurenceonyourpartofanyunsafepatientpracticeorunprofessionalincidentsmayresultintherecom endationthatyoubedismissedim ediatelyfromthisprogram.
The program is here to assist you in succes ful completion of your probation. If you have any questions concerning the above objectives or your status in the residency program, please ask me immediately.
Sincerely,

Schyler Zane Grodman MD
Samer Zaid Kaylani, MD, FAAP

---------------------------------------------

Pediatric Program Director

Schyler Zane Grodman

Associate Professor of Pediatrics

Pediatric Resident

cc:

Kristin Stutz
Janet Abbott

Shannon Herrick, MD

12/17/2021

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K
Exhibit

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TEXAS TECH UNIVERSITY

HEALTH SCIENCES CENTER·
at Amarillo
CONFIDENTIAL-PEER REVIEW

December 23, 2021

Schyler Zane Grodman, MD
Department of Pediatrics
TTUHSC School of Medicine
1400 S. Coulter Drive

Amarillo, Texas 79106

Via Hand Delivery
RE: Notice of Suspension with Pay
Dr. Grodman,

Thisleterprovidesyounotificationthatyouareherebyplacedonsuspensionwithpay,efectiveim ediately.OnDecember23,2021,itwasfoundthatyouviolatedthetermsofyour·ProbationObjectives·outlinedintheleterprovidedtoyouonDecember17,2021andconcernsexistthattheperformanceofyourdutiesareseriouslycompromisedormayconstituteadangertopatients.
UnderT UHSCHouseStaffPoliciesandProcedures,theprogrammaysuspend,withpay,aresidentwhenconcernsexistthataresident·sperformanceofhis/herdutiesisseriouslycompromisedormayconstituteadangertopatients(07.06.01).Suspensionwithpayisnotap ealable(07.06.04).Theprogramhas30daysfromthisnotificationtoconcludeaninvestigationanddeterminethenextcourseofaction.
As part of this suspension, you have been removed from your clinical duties. However, you are to be readily available for phone cal s or meetings as needed, and perform duties if, and as, needed.
In accordance with Texas Medical Board rule 171.6, this action wil be reported to the Texas Medical Board Licensure Division (07.06.06).

12/23/2021
Samer Zaid Kaylani, MD, FAAP

Date

Pediatric Program Director
Associate Professor of Pediatrics

12/23/2021
Schyler Zane Grodman, MD

Date

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---------- Forwarded message --------From: Grodman, Schyler Z <Schyler.Z.Grodman@ttuhsc.edu>
Date: Wed, Jan 5, 2022 at 6:24 PM
Subject: Fw: Request for Accommodations
To: Zane Grodman <
>

Schyler Z. Grodman, MD, MS
Resident Physician, 2019-2022
Department of Pediatrics
Texas Tech University Health Sciences Center
1400 South Coulter Street
Amarillo, TX 79106

From: Grodman, Schyler Z
Sent: Wednesday, January 5, 2022 6:23 PM
To: Varma, Surendra
Cc: Stutz, Kristin; Zaid-Kaylani, Samer
Subject: Request for Accommodations

Page 79 of 90

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Hello Dr. Varma, hope you are doing well,

I am sending you my completed form to request accommodations from Texas Tech Health
Sciences Center. I have attached my request form, and all supporting documentation or prior
approved accommodations from previous institutions. I am including Kristin Stutz (regional
GME officer) and Dr. Zaid-Kaylani (Pediatric Residency Director in Amarillo, and my direct
supervisor) on this email. If there are any issues, please let me know, and I look forward to
working with you and the GME office in any way I can.

All the best,
Zane

Schyler Z. Grodman, MD, MS
Resident Physician, 2019-2022
Department of Pediatrics
Texas Tech University Health Sciences Center
1400 South Coulter Street
Amarillo, TX 79106

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Texas Tech University
Health Sciences Center

CONFIDENTIAL

All information shared with TTUHSC through the ADA/ADAAA evaluation
and/or reasonable accommodation process will be maintained separate
from personnel files and in accordance with all ADA requirements.

Pdurationoftheimpairment(s).Includethedateofdiagnosis.LEASESEATACHEDDOCUMENT

REASONABLE ACCOMMODATION REQUEST

Individuals who are employed by TTUHSC and are requesting reasonable accommodation(s) under the Americans with
Disabilities Act of 1990 (ADA) and ADAAA of 2008 (ADAAA) are encouraged to complete this form in its entirety. If you

are unable to complete this form on your own, someone else may complete the form on your behalf. Completed forms

ppositionacordingtoyourjobdescription.Ifyouareanewemploye,statetheanticipateddificultiesyouforeseincompletingyourjobduties.Beasspecificasposibleregardingthejobdutiesyouarehavingdificultyerformingorbelieveyouwilhavedificultyperforming.Pleaseatachacopyofyourjobdescription.

are to be returned to your supervisor and a copy to your local Human Resources Office.
To be completed by Employee:

Tech ID (R#) [REDACTED]

Request Date 01/03/2022

Name Schyler Zane Grodman

Email Address Schyler.Z.Grodman@ttuhsc.edu

Title Resident Physician

Department Pediatrics

Campus/Location Amarillo

Telephone [REDACTED]

Supervisor's Name Samer Zaid-Kaylani

Supervisor's Telephone (806) 341-5821

1. Identify the physical and/or mental impairment(s) for which you are requesting accommodation and the expected

2. Explain how the impairment(s) listed above affect(s) your ability to perform the essential functions of your

PLEASE SEE ATTACHED DOCUMENT

3. List the accommodation(s) you are requesting in order to perform your essential job functions.
PLEASE SEE ATTACHED DOCUMENT

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Reasonable Accommodation Request

4. Add any comments you believe may be helpful in our consideration of your request.

PLEASE SEE ATTACHED DOCUMENT

5. Medical verification of the impairment(s) (check the appropriate box):

[X] I have enclosed the applicable medical documents with this request.

[ ] The disability and need for a reasonable accommodation is obvious and no medical documentation is
needed. Explain.

NOTE: TTUHSC reserves the right to request documentation if the evaluator believes more information is needed to

appropriately assess your condition, functional limitations, and/or request for reasonable accommodation.

Zane Goodman 01/04/2022
Employee

Signature

Date

Supervisor

Signature

Date

Instructions: Forward this request and any accompanying documents, including the employee's position description, to
the Office of the AVPHR through your respective Human Resources office.

For HR Use Only

According to the ADAAA of 2008, the "rules of construction" have been considered during the
reasonable accommodation request process.
Initial

[ ] Reasonable accommodation request approved. Description of reasonable accommodation to be implemented:

[ ] Reasonable accommodation request denied. Reason:

Decision letter sent to requestor on: (date) via regular and certified mail.

HR Designee Date Request Completed

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1. Identify the physical and/or mental impairment(s) for which you are requesting
accommodation and the expected duration of the impairment(s). Include the date of diagnosis.
-ADHD: ongoing duration, diagnosed 1993
-Autism Spectrum Disorder: ongoing duration, diagnosed 1993
-Social Anxiety Disorder: ongoing duration, diagnosed 1993
These diagnosed conditions are long term, and are not expected to fully resolve. However, with
proper treatment, these conditions can be managed and controlled.
2. Explain how the impairment(s) listed above affect(s) your ability to perform the essential
functions of your position according to your job description. If you are a new employee, state the
anticipated difficulties you foresee in completing your job duties. Be as specific as possible
regarding the job duties you are having difficulty performing or believe you will have difficulty
performing. Please attach a copy of your job description.
- ADHD adversely affects attention to detail and promotes impulsivity, which tends to impair my
ability to follow up on details related to patient care, and can lead to unintended interpersonal
communication issues. The current medication regimen I have been using has not been able to
last the duration of 12-hour shifts, much less 24-hour shifts, with increased lapses in focus
towards the end of 12-hour shifts, and at the middle onward of 24-hour shifts. Additionally,
because of the above-mentioned impairments, I have been unable to adequately prepare for
and complete any in-service training examinations or mock board examinations in the ordinary
time allotted.
-Being on the spectrum of Autism has always hindered my interpersonal relationships; for as
long as I can remember, I have had difficulty with non-verbal communication, picking up on
social cues, and communication which has not been straight-forward. As I have communicated
from day one, I do best when clear expectations are laid out, and prompt feedback is given.
Often-times, I “think out loud” (i.e., verbalizing a thought process that others without my
disorder typically do entirely in their minds), which has often led to confusion; others tend to
assume my verbalizations are my conclusions, rather than my way to cogitate (e.g., I tend to
verbalize my differential diagnosis process, which is mistaken for a final diagnosis). Additionally, I
tend to speak more quickly when under pressure, and at times I mumble. People will often ask
me to repeat myself, which leads to frustration on my part for not being able to speak correctly
in the first place.
I cannot readily locate an official job description. Elements of my training contract and the house
staff policies and procedures, which can be supplied, may inform that question. Also, the
following is likely to be instructive: patient care activities within the scope of their clinical
privileges commensurate with the level of training, attendance at clinical rounds and seminars,
timely completion of medical records, and other responsibilities as assigned or as required of all
members of the medical staff. Under the supervision of attending physicians, general
responsibilities of the resident physician may include:
--Initial and ongoing assessment of patient's medical, physical, and psychosocial status.
--Perform history and physical.
--Develop assessment and treatment plan.
--Perform rounds.

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--Record progress notes.
--Order tests, examinations, medications, and therapies.
--Arrange for discharge and after care.
--Write / dictate admission notes, progress notes, procedure notes, and discharge
summaries.
--Provide patient education and counseling covering health status, test results, disease
processes, and discharge planning.
--Perform procedures.
--Handle and perform other related and required program duties and responsibilities
3. List the accommodation(s) you are requesting in order to perform your essential job functions.
-1.5x extended time on all future in-service training and mock oral examinations, written or oral.
-A separate, isolated location for all future in-service training and mock oral examinations
(proctored as in the normal course).
-30 days to meet with and establish local counselling (Dr. A.S.
), meet with my prior
counsellor (Dr. T.B.
), and to initiate a new medication regimen and treatment plan.
-An opportunity to collaborate with my program about the components of a remediation plan
that are calculated to give me the opportunity to perform at my best, for myself, my patients,
and the program.
-Meeting with rotation faculty to receive and review clear, written performance expectations
prior to the start of rotations and as needed during rotations.
-Regular, real-time and formative feedback on performance.
-Mentorship (within or without Texas Tech) to assist me with specific performance concerns.
-Any other reasonable thoughts or suggestions from the Texas Tech Pediatrics Residency
Program Leadership or the Texas Tech GME
-That time is given for these proposals to be implemented before a final decision is made
regarding my standing in the Pediatric Residency Program
I believe these reasonable accommodations will allow me the opportunity to make a positive
impact on myself, my patients, and the program.
4. Add any comments you believe may be helpful in our consideration of your request.
When I have received accommodations in the past, such as extended time and a separate testing
location, not only have I improved, but I have thrived. I was a national merit semi-finalist in high
school, and scored on the 99th percentile on the ACT. I was able to complete a double major at
the University of Pennsylvania while having a successful athletic career. I was able to succeed in
the Columbia Post-Baccalaureate program, making the Dean’s List. Finally, in medical school, I
was able to complete an additional master’s degree along with my medical doctorate, along with
doing significant global health work at Columbia. Even going back to the initial evaluations I
underwent as a child, I have always had the ability to be successful; it was only a matter to
having the right resources and accommodations.
Residency, particularly serving as a senior resident, imposes a higher degree of stress and
difficulty than my prior academic and professional pursuits. Under these circumstances, the
effects of my impairments are more acutely felt, and thus requires greater accommodation than

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I have previously obtained. I am confident that these accommodations can be implemented and
still maintain the integrity of the graduate medical education training needed to complete the
program. I am dedicated to make this work.
As part of my probation, imposed on December 17, 2021, I was instructed to meet with CHWR
and EAP for counseling related to the above-mentioned impairments. I am in the process of
pursuing this and appropriate counseling; I have already met with A.S.
, a local psychiatrist
who has agreed to establish ongoing care with me, and I have personally been in contact with
the CHWR to arrange a meeting with them. Adequate time is needed to establish this counseling,
and implement an appropriate medication regimen. In the event that it is deemed best, it may
be necessary to be placed on a short medical leave to attend to these matters before my
performance and standing in the program can be appropriately done. Otherwise, my concern is
that my ongoing training (including since at least the imposition of probation) does not best
ensure that examination and assessment of me accurately reflects my aptitude or achievement
level, but rather reflects my impaired skills and aptitudes.
I look forward to collaborating with the program and the university in the forthcoming
interactive process.

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Exhibit M

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TEXAS TECH UNIVERSITY

HEALTH SCIENCES CENTER·
at Amarillo
Department of Pediatrics
CONFIDENTIAL PEER REVIEW

January 7, 2022
Via Hand Delivery:
Schyler Zane Grodman, MD
Department of Pediatrics
TTUHSC School of Medicine
1400 S. Coulter Drive

Amarillo, Texas 79106
Re: Notice of Recommendation for Dismissal

Dear Dr. Grodman:

This letter serves notice that as the program director for the Texas Tech University Health Sciences Center
Department of Pediatrics Residency Program in Amarillo, with consideration from faculty and the Clinical
Competency Committee (CCC), I am recommending that you be dismissed from the Pediatric Residency
Program for the reasons outlined below:
1. Performance that presents a serious compromise to acceptable standards of patient care despite
repeated counseling and close mentoring concerning patient care and management.

2. Unprofessional conduct towards your patients and colleagues despite repeated attempts to assist you
to improve your interpersonal and communication skills.

3. Failure to progress to the expected level of competency as a third-year pediatric resident with
serious deficiencies in multiple, ACGME defined, competencies.

4. Failure to follow the Probation Objectives outlined in your probation letter that has jeopardized
patient welfare.
(See TTUHSC School of Medicine House Staff Policies and Procedures, Section 7.07)

As you know, in March of 2020, you received notice about concerns related to your medical knowledge,
professionalism, system-based competency, patient care, practice based learning, and interpersonal skill
deficiencies in the pediatric residency program and were placed on observation status. Continued

performance issues resulted in you being placed on probation on December 17, 2021. You were provided
at that time with specific "Probation Objectives" for improvement. You were advised that your
performance, especially in the areas of medical knowledge, patient care, and professionalism would be
under close scrutiny and any occurrence on your part of any unsafe patient practice or unprofessional
incidents may result in the recommendation that you be dismissed from the pediatric residency program.

During the first week of your probation, you demonstrated multiple incidences of unsafe patient practice

and unprofessional behavior. Specifically, you had multiple occurrences where you failed to follow direct
orders from the faculty about patient management, failed to monitor patients and address major health

concerns, and failed to communicate major related events to your faculty that all created concerns that the

Texas Tech University Health Sciences Center 1400 S. Coulter Street Amarillo, TX. 79106 P: 806-414-9786

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performance
of your
duties was
seriously
compromised
and
constitutes
a 88
danger
to patients.
you being placed on suspension, with pay, effective December 23, 2021.
On January 4, 2022, a meeting of the CCC occurred to investigate the events leading up to your suspension
and found that your conduct constituted a danger to patients and violated the terms of your probation
status. Therefore, in agreement with the CCC, I am recommending to the Dean of the School of Medicine
that you be dismissed from the residency program. (See TTUHSC School of Medicine, House Staff
Policies and Procedures (HSP&Ps) 07.07 Dismissal.)
At this time, you are still removed from all duties involving patient care pending a final decision by the
Dean of the School of Medicine. However, in the meantime, you are to be available for duties which the
residency program may assign. Please contact the Program Director directly by phone in advance of
entering any of the Department of Pediatrics offices or clinic spaces or any program affiliated hospital.
You may appeal the recommendation for dismissal within five (5) business days of receipt of this notice

by submitting in writing a notice of appeal to the Chair of the Graduate Medical Education Committee,
Amarillo Campus, Dr. Richard Jordan (See HSP&Ps 07.07.05).
Should you have any questions regarding this action or your rights and responsibilities, please direct those
questions to Kristin Stutz, DIO.

Sincerely,

[signature] * He "wants to have someone review the let er before he signs it"
01/07/2022

Samer Zaid Kaylani, MD, FAAP
Pediatric Residency Program Director

Date:

Associate Professor of Pediatrics
TTUHSC-Amarillo

(SZ)

Schyler Zane Grodman, MD

Date:

My signature acknowledges receipt of the above notice

Enclosures: 2021-2022 Graduate Medical Education Program Agreement
Observation Letter
Probation Letter

Suspension with Pay letter
Disciplinary Action Form
TTUHSC House Staff Policies and Procedures

cc:

Richard Jordan, M.D., Chair of the Graduate Medical Education Committee, Amarillo Campus (Without
enclosures)
Kristin Stutz, Designated Institution Official, Amarillo (without enclosures)
Janet Abbott, Unit Manager, Office of Medical Education, Amarillo (without enclosures)
Shannon Herrick, M.D., Chair of Department of Pediatrics (without enclosures)

Surendra Varma, M.D., Associate Dean for GME and Resident Affairs (without enclosures)
Texas Tech University Health Sciences Center 1400 S. Coulter Street Amarillo, TX. 79106 P: 806-414-9786

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CONFIDENTIAL

Texas Tech University Health Sciences Center School of Medicine
Graduate Medical Education

Disciplinary Action Form
Schyler Zane Grodman PGY 3

TTUHSC Amarillo/Pediatrics

Name of Resident / PGY Level

Campus / Department

TYPE OF INTERVENTION (Circle):

_____ Observation _____ Probation _____ Suspension __X__ Dismissal

PRIOR INTERVENTION (Circle): [ ] No [·] Yes
If Yes, Observation 03/2020, Probation 12/2021, Suspension 12/2021
Type of Action / Date(s)
EFFECTIVE DATES OF ACTION:

01/07/2022

***

Date Intervention to End

Date Intervention to Begin

PLEASE ATTACH DOCUMENTATION

COMMENTS BY PROGRAM DIRECTOR:

01/07/2022
Program

ExecutiveAs ociateDeanforGMEandDate

Director

Date

ACKNOWLEDGEMENTS AND DATES

SK Varma
1/7/22
Shannon Herrick MD
01/07/2022

Department Chair (if different from Date
Resident Affairs
Program Director or designee)

Regional Dean (if ap licable) Date
Richard
M. Jordan 1/7/2022
1/7/22

Office of General Counsel Date

Kristen A. Stutz 1/7/2022

Campus Designated Institutional Official Date

* Notification of a Resident completing a period of Observation must be made in writing to the Resident
and the GME office.

** Resident placed on Probation. Suspended or Dismissed, must be reported to the TMB within 7 days
if the reason is on the list of reasons contained in TMB Rule 171.6 and if final action has been taken.
***Notification of completion of a period of Probation or Suspension must be reported in writing to the

GME office as well as the Resident and the TMB, if the TMB was originally notified of the action.
CONFIDENTIAL

Resident Intervention Form

Revised: December 7, 2015

Published Updated

Court filings and posts by Kevin Bass.