Violating SOAP

[TrickyRicky121]

I am curious how often programs will let students out of their contract in order to attend a better option for the student.

Hypothetical situation:
I didn't match so I SOAPed into an area that is undesirable to me. There is a new program opening next month near my home town and will be taking applications directly (outside of ERAS and the match). Lets say I apply to and get an offer from the new program. Is it likely at all that the program I accepted the SOAP offer from would let me out of my contract? If not, is there really any harm in violating the SOAP commitment (other than it being a ****ty thing to do). In the main residency match agreement on the NRMP website it says:

"In addition, the applicant may be barred from subsequent NRMP Matches and/or identified as a Match violator to participating programs for one to three years or permanently, as determined by the NRMP. The applicant also may be barred for one year from accepting an offer of a position or a new training year, regardless of the start date, in any program sponsored by a Match-participating institution and/or starting a position or a new training year in any program sponsored by a Match-participating institution if training would commence within one year from the date of issuance of the Final Report. Further, any applicant who has been denied a waiver of a binding commitment and who does not accept the matched position may be barred for one year from accepting an offer of a position or a new training year, regardless of the start date, in any program sponsored by a Match-participating institution and/or from starting a position or a new training year in any program sponsored by a Match-participating institution if training would commence within one year from the date of the NRMP's decision on the waiver.

Applicants who violate Supplemental Offer and Acceptance Program (SOAP) policies may be barred for one year from participating in SOAP. "

That last sentence makes it sound like the only harm in violating SOAP is that you can't participate in SOAP the next year. If I have a new spot this wouldn't be an issue.

Last question. Since the new program has never participated in the match, would they count as a match-participating institution? They will be participating in the match in the 2018-2019 cycle.

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[rokshana]

bird in the hand...

 

[mcl]

As far as the NRMP goes, you are obligated to the program that took you in SOAP for 45 days (that's true for all NRMP Match participants). Violating the Match rules may not have long-term consequences for you, but might create a problem for the new program getting sanctioned by NRMP for taking an ineligible candidate. After the 45 days there is nothing legally binding per NRMP, but the contract you sign with the FM program might have requirements regarding notification if you intend to leave before the end of the academic year. I wouldn't expect the new EM program to look at you seriously without the FM PD's blessing. I wouldn't expect the FM PD to be extremely happy that you accepted that position in SOAP knowing that you intended to pursue the other, leaving them with an open spot that they'll have to scramble to fill. Even if you only stay at your matched program for the 45 days, you will have to list it in your employment history and have your brief residency there verified for the rest of your professional life for licensing and credentialing.

 

[NotAProgDirector]

A SOAP match counts as a match, so all of the policies listed above attach to you. The bolded statement about SOAP refers to people who don't get a spot, but violate SOAP policies (i.e. contacting programs, etc).

The program doesn't "let you out of your commitment" -- that has to be done by the NRMP. The NRMP would ask both parties for their input, but even if the program said it was "OK", the NRMP might still decline.

An NRMP sanction for you might be meaningless, as you might never try to match again. But as mentioned above, if the program is found to be in violation, they might have trouble getting into the match to start. There is a possible legal argument to be made -- that since the program is not currently part of the match, they are not bound by it's rules and can take you, and the NRMP can't hold that against them. But I doubt a new program would want to risk this, and/or end up trying to defend this position in court.

Imagine your outrage if the situation were reversed. What if the program contacts you, says they found a better candidate, they ask you to void your contract. If you refuse, you assume they will keep you under the microscope trying to get rid of you.

 

[GoSpursGo]

It seems to me that you should honor your 45 day commitment, and then if you are accepted at the EM program, you can move on to your new program. The FM program may be annoyed, but can't really do anything to sanction you if you have satisfied your commitment.

 

[rokshana]

It seems to me that you should honor your 45 day commitment, and then if you are accepted at the EM program, you can move on to your new program. The FM program may be annoyed, but can't really do anything to sanction you if you have satisfied your commitment.

no? the OP will always have to get a letter for licensing and credentialing from that program...bad LoR could cause problems.

 

[GoSpursGo]

no? the OP will always have to get a letter for licensing and credentialing from that program...bad LoR could cause problems.

Doing a FM residency when you really want to be an EM doc also could cause problems

People leave programs and change specialties all the time for valid reasons. While leaving that shortly after starting might ruffle some feathers, as long as she honors her NRMP commitment and works her butt off while she's there, I don't really see any basis for a negative LOR.

One point that I didn't bring up is that when the new EM program finds out that you have a SOAP commitment, they may (probably will) require a letter from the FM program supporting your application before they consider you. If that's the case, THEN you might have a problem, as I suspect you're going to have a hard time getting a positive letter when you haven't even shown up for a day of work. But I don't see any reason not to at least explore the possibility--just be up front about the fact that you have an NRMP commitment.

 

[It's a Wash]

Hypothetically speaking someone should not have SOAPed into FM in an area that is undesirable to them knowing that there is a new EM program opening next month near their home town and will be taking applications directly (outside of ERAS and the match).
This is exactly the reason why FM programs are so skeptical of matching anyone without true FM interest as they are always worried that they will end up in this hypothetical situation.
No disrespect to OP though. You gotta do what you gotta do.

 

[rokshana]

Thanks everybody for the input. I do feel terrible to even consider putting the FM program in a situation where they have to scramble for a resident. But at the same time this is a pretty big deal in terms of my career. Aside from the specialty difference is also a personal family problem. My son was found to have hydrocephalus last week so we would prefer to stay somewhere close to a pediatric nsg. The FM program is about 3.5 hours from the nearest one and the EM program is about 30 minutes so that is also on my mind.

I’m thinking as of now I will contact the EM program and tell them my situation and see what they think.

then frankly, you shouldn't have taken the SOAP position yesterday.