Decisions and Recommendations for Which Students May Appeal

• CAP decisions to ratify recommendations of adverse promotion outcomes which include remediation without promotion, suspension, dismissal, or inclusion of any details pertaining to the above in the Medical Student Performance Evaluation (MSPE) 
• Decisions of competence without distinction (where distinction is available)

The appeal shall be limited to determining whether (i) bias and/or failure to follow the standard processes of competency determination occurred or (ii) new information or evidence exists that was not reasonably available at the time of the decision and that could affect the outcome of their decision. 

Students who are being reviewed by the CAP for any adverse competency committee outcome or decision of competence without distinction, where available, will be given the opportunity to present themselves in person, via Zoom, and/or in writing, as determined by the CAP Chair. For decisions of adverse outcomes, these steps occur prior to a formal appeal. For decisions of competency without distinction, this would constitute the formal appeal. The following provides additional information for each situation.

Process for Students Wishing to Appeal Decisions of Competence Without Distinction

When the CAP receives a decision for competence without distinction, students may file a formal appeal based on the reasons stated above for appeals. The procedure for appeals in these circumstances is as follows: 

• Students complete the designated Qualtrics^XM form within seven calendar days of notification of the decision of competence without distinction. The form, which will be sent to the Registrar, the ADSA, and Chair of the CAP, with a copy to the student, will require the student to complete the following details: 
  • Decision being appealed 
  • Reason for appeal
• The ADSA or their representative will contact the student to support the full development of the appeal, which will provide a detailed description of the basis for the appeal and pertinent documentation to support the basis for the appeal, including, in the situation of new information not available at the time, an explanation as to why that information was not available, when possible.
• Completed appeal documentation must be received by the Chair of the CAP within 14 calendar days of the original notification of a decision for competency without distinction. 
• The ADSA shall provide the request and documentation (student documentation and all meeting minutes and written recommendations/decisions) to the CAP for review. 
• The student may present themselves to the CAP, in person, via Zoom, or in writing as determined by the CAP chair, prior to CAP ratification. 
• Following review, the CAP may make any of the following recommendations: 1) ratify and uphold the decision; 2) remand back to the original committee for re-review; or 3) overturn the decision if the committee perceives an inability for the original committee to make an unbiased recommendation. 
• This is the final level of appeal for a decision of competence without distinction.

Process for Students Wishing to Appeal Decisions of Adverse Outcomes

Given the significant nature of decisions of adverse outcomes, when the CAP ratifies such recommendations, which would include the decision of what to include in the MSPE, students may file a formal appeal based on the reasons stated above. The appeal occurs after a student has presented themselves to the CAP in person, via Zoom, or in writing prior to the ratification by the CAP of the CAC recommendation for an adverse outcome. The procedure for appeals in these circumstances is as follows: 

• Students complete the designated Qualtrics^XM form within seven calendar days of notification of the CAP decision. The form, which will be sent to the Registrar, the ADSA, and the Chair of the CAP, with a copy to the student, will require the student to complete the following details: 
  • Decision being appealed 
  • Reason for appeal
• The ADSA will convene an ad hoc three-member Appeal Committee. Members involved in the original CAC, CCC, or CAP decisions shall not be involved in the appeals process. Appeal Committee members should have familiarity with the curricular and/or assessment processes of the Gateway Curriculum and meet all inclusion criteria for CAC, CCC, or CAP membership as stated in their bylaws. 
• The ADSA or their representative will contact the student to support the full development of the appeal, which will provide a detailed description of the basis for the request and pertinent documentation to support the basis for the appeal, including, in the situation of new information not available at the time, an explanation as to why that information was not available, when possible. Completed appeal documentation must be received by the Chair of the Appeal Committee within 14 calendar days of the original CAP decision. 
• The ADSA shall provide the request and documentation (i.e., student documentation and CAC, CCC, and/or CAP meeting minutes and written recommendations/decisions) to the Appeal Committee for review. 
• The student will be allowed to present themselves to the ad hoc Appeal Committee in writing, via Zoom, or in person as determined by the Appeal Committee Chair. The committee may request additional materials or discuss processes for decision making and recommendations with appropriate persons. The Chair of the Appeal Committee may also limit the information to be considered based on the scope of the appeal. No representatives from outside the School of Medicine, family members, or individuals with a conflict of interest* are permitted to participate in or communicate with any members of the Appeal Committee regarding the process or final decision. The student may be accompanied by a support person, which may be a School of Medicine faculty member, staff member, or student. The support person may not present information or make comment. 
• Following review, the Appeal Committee may make any of the following recommendations: 1) ratify and uphold the CAP decision; 2) remand back to the CAP for re-review; or 3) overturn the decision of the CAP if the committee perceives an inability for the original committee to make an unbiased recommendation. 
• The ad hoc Appeal Committee will communicate its final decision within 14 calendar days of the conclusion of the appeal meeting to the student, the ADSA, the Assistant Dean for Assessment, the CAP Chair, the Registrar, and any other parties deemed necessary. In the case of dismissal, this will be communicated to the Dean or their designee for final review and approval.

Please review the Steps in the Formal Appeal Process for CAP Decisions (PDF) flowchart for more information.

*

For a full explanation of what constitutes a conflict of interest, please see the Conflict of Interest During Student Assessment Policy.

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