FoM: Postgraduate Medical Education Office
January 31, 2012
FACULTY OF MEDICINE, FACULTY COUNCIL APPEALS COMMITTEE
TERMS OF REFERENCE
GENERAL PROVISIONS
This committee is a standing committee of the Faculty Council of the Faculty of Medicine. Its
mandate is to hear any academic appeal by a student or postgraduate trainee registered within
the Faculty of Medicine. The Faculty Council Appeals Committee reports to the Dean who shall
inform the Faculty Council of the cases that it received. The decisions of this committee may be
appealed according to the University's Senate Appeal’s procedure.
MEMBERSHIP
1. Chair, appointed by the Faculty Council (three years, renewable once);
2. One Vice-Chair, appointed by the Faculty Council (three years, renewable once);
3. Six faculty members (three years, renewable once) providing a broad representation
of the clinical and basic science departments;
4. One undergraduate medical student (two years, renewable once);
5. One postgraduate trainee (two years, renewable once).
Note: Faculty, student and trainee members will be appointed by the Faculty of Medicine
Nominating Committee.
MEETINGS
This Committee will meet eight (8) times a year from September to June, or at the prerogative
of the Chair. Quorum will be five members, at least one of which must be the Chair or ViceChair and at least one of which must be a student or trainee.
CONFLICT OF INTEREST
A member of the Committee should recuse him or herself when dealing with an appeal where
the member was materially involved in the completion of an evaluation and/or made a
recommendation and/or rendered a decision in the matter which is the subject of the appeal.
Members should also recuse themselves from a particular appeal where they feel that, in the
circumstances, they are not sufficiently objective to evaluate the appeal.
1
FoM: Postgraduate Medical Education Office
January 31, 2012
FUNCTIONS OF THE COMMITTEE
In relation to the Faculty of Medicine education programs, and on behalf of the Faculty Council,
the Committee:
1. At the request of a student or a trainee registered within the Faculty of Medicine, hears
any academic appeal in accordance with the appellant’s program’s respective Evaluation
and Appeal Policy.
2. Reviews the matter to determine whether the original decision was correct.
3. Renders a decision regarding the appeal.
PROCESSES OF THE COMMITTEE
1. Notice of Appeal. Any student or trainee wishing to appeal a decision must notify the
Chair of the Faculty Council Appeals Committee in writing of his/her intention to do so
("the Notice of Appeal") within a maximum of ten (10) working days after receiving the
decision to be appealed. The Chair of the Faculty Council Appeals Committee will
acknowledge receipt of the appeal.
2. Statement of Appeal. The appellant must provide the Chair of the Faculty Council
Appeals Committee with a written Statement of Appeal setting out the grounds for the
appeal together with any supporting documentation. Documentation should contain all
relevant evidence, arguments and statements; witnesses will not be allowed at the
appeal hearing. The Statement of Appeal must be filed with the Faculty Council Appeal
Committee within twenty (20) working days after filing the Notice of Appeal. Failure to
file will be considered an abandonment of the appeal and the appeal will not be
considered further. The Chair or a Vice-Chair may, at his/her discretion, extend this time
limit at the request of the appellant where exceptional circumstances exist.
3. Program Response. The Chair of the Faculty Council Appeals Committee will provide a
copy of the Statement of Appeal and supporting documentation to the appropriate
program representative. The program representative will be invited to provide a
Responding Statement and supporting documentation in response to the appellant’s
Statement of Appeal. Documentation should contain all relevant evidence, arguments
and statements; witnesses will not be allowed at the appeal hearing. This material must
be filed with the Chair of the Faculty Council Appeals Committee within twenty (20)
working days of receiving the Statement of Appeal. The Chair of the Faculty Council
Appeals Committee will forward a copy to the appellant. The Chair or a Vice-Chair may,
at his/her discretion, extend this time limit at the request of the appropriate program
representative where exceptional circumstances exist.
4. Right of Reply. The Chair of the Faculty Council Appeals Committee will provide a copy
of the Program Response and supporting documents to the appellant. The appellant will
have fifteen (15) working days to provide a response, after which the Committee will
proceed with the appeal.
2
FoM: Postgraduate Medical Education Office
January 31, 2012
5. Scheduling the Appeal. Following receipt of the Statement of Appeal, the Chair of the
Faculty Council Appeals Committee, or his/her delegate will schedule the appeal in
consultation with the appellant and the program representative. The appellant and the
program will each be allotted thirty (30) minutes to make an oral presentation. Once the
appeal is scheduled, and time allocated, the Chair of the Faculty Council Appeals
Committee will write to the appellant, with a copy to the appropriate program
representative, to:
a. Inform the appellant of the date, time and place of the hearing of the appeal;
b. Inform the appellant that she/he may be accompanied by one person of his/her
choice for assistance, or support;
c. Inform the appellant that if the appellant wishes to appear with legal counsel,
he/she must notify the Chair of the Faculty Council Appeals Committee at least
ten working days prior to the date of the hearing; and,
d. Inform the appellant that, should she/he decide not to attend the hearing on the
date and at the time and place aforesaid, the Committee may proceed in her/his
absence, and the appellant will not be entitled to any further notice of the
proceedings, except for notice of the decision of the Committee.
6. Program Representation. The program representative will be invited to attend or send a
delegate to the hearing. The program representative may be accompanied by one
person of his/her choosing for assistance or support. If the program representative
wishes to appear with legal counsel, he/she must notify the Chair of the Faculty Council
Appeals Committee at least ten (10) working days prior to the date of the hearing.
7. Material for Hearing. The Chair of the Faculty Council Appeals Committee will
distribute, on a confidential basis, a copy of the Statement of Appeal, the Responding
Statement, the appellant’s Reply and all supporting documents submitted by the
parties, to each member of the Appeals committee, at least seven (7) days prior to the
hearing.
8. Powers of Chair or Vice-Chair. The Chair or Vice-Chair is responsible for determining any
pre-hearing issues that arise, including any dispute as to scheduling or pre-hearing
compliance with the guidelines in this section. Any request for such a determination will
be made in writing to the Chair of the Faculty Council Appeals Committee.
CONDUCT OF HEARING
1. The hearing will be closed.
2. The hearing will be chaired by the Chair or a Vice-Chair (“the Hearing Chair”). The
Committee will decide any issue as to procedure or evidence at the hearing.
3
FoM: Postgraduate Medical Education Office
January 31, 2012
3. At the commencement of the hearing, the Hearing Chair will summarize the procedure
for the hearing, and reaffirm the allocated time provided for the hearing among the
appellant and the program representative.
4. The appellant will make his/her presentation after which the members of the
Committee will be given the opportunity to question the appellant.
5. The program representative will then make his/her presentation after which the
members of the Committee will be given the opportunity to question the program
representative.
6. Members of the Committee will be given a final opportunity to question the appellant
and the program representative. The appellant and the program representative will be
given the opportunity to make brief closing statements.
DECISION OF THE COMMITTEE
The Faculty Council Appeals Committee may:
1. Uphold an appeal in whole or in part;
2. Reject an appeal.
The decision of the Committee will be by a show of hands, and will be determined by a majority
of the members present. The Hearing Chair will vote in the event of a tie. The decision of the
Committee will be recorded in the minutes of the meeting of the committee.
NOTICE OF DECISION AND REASONS
The decision will be sent to the appellant and program as soon as possible after the hearing.
The reasons for the decision will be sent to the appellant and program within two weeks of the
date of the decision. Copies of the decision and reasons will also be sent to the Chair of the
Committee whose decision was appealed and to the respective Associate Dean.
MINUTES
The minutes of the Faculty Council Appeals Committee will include the date and time of the
appeal, those present, a brief summary of the appeal, and the Committee’s decision and
reasons.
REPORT TO THE FACULTY COUNCIL
4
FoM: Postgraduate Medical Education Office
January 31, 2012
The Chair of the Faculty Council Appeals Committee will prepare annually a written report to be
presented at the Faculty Council summarizing the activities of the Committee and its decisions,
without disclosing the name(s) of the student(s) or trainee(s) involved, and any
recommendations.
APPEAL OF COMMITTEE’S DECISION
Decisions of the Faculty Council Appeals Committee are final and binding as far as the Faculty of
Medicine is concerned. A student or trainee may appeal the decision of the Faculty of Medicine
Faculty Council Appeals Committee to the University’s Senate Appeals Committee. To do this,
the student or trainee should consult the Office of the Vice-Rector Governance concerning the
preparation and submission of such an appeal and the applicable deadlines.
CONFIDENTIALITY
The documents provided to the Committee at meetings shall be retained by the Chair of the
Faculty Council Appeals Committee. All deliberations of the Committee and all information
received by the Committee shall be confidential except for such disclosure as is necessary for
the Committee’s Reports.
Committee
Faculty Advisory Board
Faculty Council
Executive Committee of the Senate
Date
November 29, 2011
December 14, 2011
February 13, 2012
5