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Assessment Appeals Procedure PGME

Approval Date: 2024-03-18

Effective Date: 2024-03-18

Responsible Unit: Postgraduate Medical Education

Definitions

Academic Advisor ( Faculty Advisor in Family Medicine) — A competency coach and advocate for Postgraduate Learners that is responsible for reviewing Postgraduate Learner progress throughout the academic year and monitoring their learning plans to facilitate the attainment of Competencies.

Academic Level — Indicates a postgraduate year of training or in Competency Based Medical Education (CBME), a stage of training. Also, see definition of Out-of-Phase.

Assessment — The wide variety of methods that are used by faculty to measure and document the academic readiness, training progress, and skill acquisition by Learner, throughout the Postgraduate Training Program.

Associate Dean, Postgraduate Medical Education (PGME) — The senior faculty officer, appointed by the Dean of Medicine, who is responsible for the overall conduct and supervision of PGME in the Faculty of Medicine or delegate as appointed from time to time.

Benchmark — A standard or point of reference provided for comparison purposes in order to define a Learner’s level of competence.

CanMEDS/CanMEDS-FM — A national, needs-based, outcome-oriented, competency framework initiative endorsed by the Royal College of Physicians and Surgeons of Canada (RCPSC) and the College of Family Physicians of Canada (CFPC).

Competence by Design — The Royal College’s multi-year transformational change initiative aimed at implementing a CBME approach to Postgraduate Training and specialty practice in Canada, which focuses on outcomes that are based on a framework of competence.

Competence Committee (Assessment, Evaluation and Promotions Committee in Family Medicine) — The committee responsible for reviewing the progress of all Postgraduate Learners in its program and providing recommendations to the Residency Program Committee (RPC). 

Competencies — Knowledge, skills, attitudes and behaviours, which will enable Learners to practice as independent medical practitioners upon successful completion of their training program.

Day — A weekday when the University is open for the transaction of administrative business.

Dismissal — A formal academic standing wherein a Learner is required to leave their Postgraduate Training program.

Educational Objectives — Describes learning outcomes and states the expectations of Learner’s performance at the successful completion of training.

Entrustable Professional Activity (EPA) — A task in the clinical setting that can be delegated to a Postgraduate Learner who has demonstrated sufficient competence. Typically, an Entrustable Professional Activity (EPA) integrates multiple Milestones.

Longitudinal Assessment Tool — An assessment tool that provides an overview of Learner performance over time and in multiple CanMEDS/CanMEDS-FM roles and may include the perspectives and input of one or more individuals, in one or more contexts, over the course of one or more training experience(s).

Milestone — An observable marker of a Learner's ability along a developmental continuum.

Modified Learning Plan (MLP) — An individualized learning opportunity intended to guide a Postgraduate Learner towards successful attainment of Educational Objectives and/or Competencies.

Out-of Phase — A start and end date of Postgraduate Training other than the defined date of July 1 to June 30th.

Postgraduate Learner (Resident) — A trainee registered in a Postgraduate Training program at Memorial accredited by the Royal College of Physicians and Surgeons of Canada (RCPSC) or the College of Family Physicians of Canada (CFPC).

Postgraduate Training Program — A period of training in a specific program of medicine with a set of Educational Objectives prescribed by the Royal College of Physicians and Surgeons of Canada (RCPSC) or the College of Family Physicians of Canada (CFPC) leading to certification by one of these bodies.

Probation — A formal academic standing that identifies a Learner as being in difficulty to the extent that their ability to continue training is, or is likely to be, significantly compromised. 

Program Director — The faculty member assigned responsibility for the overall conduct of the Postgraduate Training Program.

Promotion — A formal academic standing indicating the Learner progresses along the applicable Stage of Training, to the next Academic Level in accordance with University Regulations.

Remediation — A formal program of individualized educational support, assessment, and monitoring designed to assist a Learner in correcting identified performance weaknesses and/or deficiencies, through an extended training period.

Required Training Experience (Rotation) — A pre-identified period of time in one (1) training program with a specified timeline that has a set of Educational Objectives and/or Competencies to be successfully completed. Referenced in the University Calendar as a Rotation.

Residency Program Committee (RPC) — A committee established to assist the Program Director in the planning, organization and supervision of the Postgraduate Training Program. Residency Training Committee (RTC) in Family Medicine.

Social Media — Web-based and mobile technologies that allow people to monitor, create, share, or alter text, audio, photos, or videos with others.

Stage of Training — In each Stage of Training, there are specific Milestones that a Learner will be expected to demonstrate. The duration (e.g., weeks, months) for each Stage is determined by each Postgraduate Training program. Postgraduate Training is organized into four (4) developmental stages for Learners in CBD programs, with its own set of markers for learning and Assessment. The stages are:• Transition to Training program• Foundations of Training program• Core of Training program• Transition to PracticeAlso referenced throughout this policy as an Academic Level.

Summative Assessment — Formal written summary of a Learner’s performance against established expectations which is carried out at specific intervals during training.

Supervisor — The individual responsible for documenting their observation of a Postgraduate Learner’s performance.

Suspension — A formal academic standing which indicates the temporary removal of a Learner from the clinical activities of their Postgraduate Training Program.

Triple C Competency-Based Curriculum — A Family Medicine Postgraduate Training curriculum that provides the relevant learning contexts and strategies to enable Postgraduate Learners to achieve Competencies, while acquiring evidence to determine that a Postgraduate Learner is ready to begin practice in the specialty of Family Medicine.

Procedure

Overview

A Learner’s right to appeal assessments is set out in the Postgraduate Assessment, Promotion, Dismissal and Appeal policy.

Stage one is an informal process intended to assist with resolution without the need to proceed to a formal process. An appeal of a Summative Assessment must commence the reconsideration Stage. 

All other appeals, as described in the policy, may proceed directly to the PGME Meeting with the Associate Dean.

Stage One: Informal Process

Reconsideration of a Summative Assessment

A.1. A Learner who disagrees with a Required Training Experience Summative Assessment of their performance must first attempt to resolve the matter informally with the assessor and/or the program.

A.1.1 The Learner should identify any external factors which may have influenced the Assessment or suggest other individuals similarly knowledgeable of their performance who could speak positively on their behalf.

A.1.2 Electronic recording of any in-person or virtual meeting between the Learner and assessor (and/or Program Director) to discuss reconsideration is prohibited unless all parties involved have express written consent and are aware of any and all recordings being made.

A.2 If the Assessment is not resolved by the assessor to the Learner’s satisfaction, the Learner must meet with their Program Director to attempt a resolution. If a satisfactory resolution is not achieved then the Learner may proceed with the Associate Dean, PGME meeting as described below.

A.3 The Learner has four (4) weeks from the receipt of the initial Assessment decision communicated by the assessor to file an Intent to Appeal and request the PGME meeting.

Intent to Appeal a decision of the RPC

A.4 The Learner has four (4) weeks from the receipt of when the decision is communicated by RPC to file an Intent to Appeal and request the PGME meeting.

Associate Dean, PGME Meeting

A.5 Prior to filing an appeal, of either a Summative Assessment or a decision of RPC, the Learner must meet with the Associate Dean, PGME to discuss the proposed appeal in an effort to resolve the matter.

A.6 The meeting is confidential to the Learner and its content will not be disclosed. Electronic recording of the PGME meeting is prohibited. The Associate Dean, PGME may consult with consent of the Learner.

A.7 The appeal will not proceed until after this meeting; Learners who do not arrange to meet with the Associate Dean, PGME will be considered to have withdrawn the appeal. Delay on the part of the Associate Dean, PGME will not affect the Learner’s right to appeal.

A.8 The Learner and the Associate Dean, PGME are each permitted to bring one (1) support person to attend the meeting. This person is not permitted to participate.

A.9 There are three potential outcomes at this stage:

i. The Learner withdraws the Intent to Appeal;

ii. The Associate Dean, PGME learns new information that may affect the original decision and refers the matter back to the program for reconsideration, with the new information; or

iii. The appeal proceeds.

A.10 The Associate Dean, PGME will notify the Learner in writing of the outcome of the PGME meeting of whether the matter is being referred back to program for reconsideration.

Program Reconsideration:

A.11 In the event of a referral in accordance with A.8. (ii), the RPC will ask the Competence Committee for a document-based review of the new information and make a recommendation to the RPC. The RPC will reconvene to make a final decision within ten (10) business days, based on the Competence Committee’s recommendation. In the event that the initial decision is confirmed by the RPC the Learner has the right to appeal at stage two.

Stage Two: Formal Appeal Process

Faculty of Medicine (FoM) Appeals Committee

B.1 An appeal against a decision as set out in section 13.2 of the policy will be made to the FoM Appeals Committee.

B.2 An appeal through the FoM Appeals Committee will follow the process below:

B.2.1 Within ten (10) Days of receiving the outcome of the Associate Dean, PGME meeting, or decision of the RPC reconsideration, the Learner must submit a written letter of appeal.

The letter and supporting documentation, as appropriate, should be:

i. addressed to the Dean (or delegate);

ii. copied to the PGME office; and

iii. describe the decision being appealed, the grounds of the appeal, a clear and detailed explanation of the facts supporting the grounds of appeal, all supporting documentation, and the resolution being sought.

B.2.2 Upon receipt of a letter of appeal, the Dean of Medicine (or delegate) confers with the Office of the Registrar as to whether the letter satisfies the requirements for an appeal as stipulated in the University Calendar – Appeal of Decisions. The Dean of Medicine (or delegate) and the representative(s) from the Office of the Registrar chosen to review the appeal request will not sit on the Appeals Committee.

i. If the letter does not satisfy the requirements for an appeal, the Learner is advised as such in writing by the Dean of Medicine (or delegate) within fourteen (14) Days from receipt of the letter of appeal; or

ii. If the letter satisfies the requirements for an appeal, the matter is sent to the Appeals Committee for adjudication as per the practice of the committee, as indicated in the FoM Appeals Committee Terms of Reference.

B.2.3 The Vice Dean, Education and Faculty Affairs (or delegate) calls a meeting of the Appeals Committee at the earliest opportunity when quorum can be achieved.

i. The Learner may submit further relevant documentation to the FoM Appeals Committee.

ii. All documentation is circulated to committee members and provided to the Learner and Program Director (or delegate) prior to the appeal hearing.

B.2.4 The Program Director (or delegate), and/or legal counsel in the event that the Program Director (or delegate) engages legal counsel, will address the Appeals Committee in person and present information and answer questions from the Appeals Committee pertaining to the Learner’s appeal.

B.2.5 In the absence of legal counsel involvement, the Learner and the Program Director can each bring one (1) support person to the meeting. A support person may not participate in the meeting.

B.2.6 The Learner, or legal counsel in the event that the Learner engages legal counsel, will address the Appeals committee in person, present information and answer questions from the Appeals Committee pertaining to the Learner’s appeal.

B.2.7 Only the Appeals Committee may ask questions of the presenters and the Learner as they deem necessary.

B.2.8 The Chair has the discretion to run the hearing in the manner they feel is appropriate and may set time limits for presentations.

B.2.9 If the Learner does not attend the oral hearing, the PGME Appeals Committee may proceed with the hearing in the absence of the Learner and may accept the written documentation submitted by the non-attending party in lieu of oral submissions made in person.

B.2.10 The Learner, Program Director (or delegate), and legal counsel/support person are excused from the Committee deliberations but may be recalled to answer questions of clarification posed by the Appeals Committee.

B.2.11 Official written transcriptions of the appeal hearing submissions and discussions are kept.

B.2.12 The Appeals Committee may reach one of the following decisions:

i. Uphold the decision of the RPC or outcome of the Summative Assessment; or

ii. Void some or all of the decision(s) of the RPC or outcome of the Summative Assessment and substitute its own decision.

B.2.13 If an appeal of a decision for dismissal is reversed, the Learner may resume their Postgraduate Training, subject to the following:

a) A Learner is not permitted to return to the Postgraduate Training Program until the College of Physicians and Surgeons of Newfoundland and Labrador reinstates their educational license to practice;

b) The Program has the sole discretion to determine the Learner’s status and stage in the Program when they return;

c) The Learner’s return to training may be delayed for a variety of reasons. A Learner may be required to take a leave of absence, which may be unpaid, until such time as they can return to their Postgraduate training program;

d) The Associate Dean, PGME will take reasonable steps to give effect to the decision without unnecessary delay;

e) Decisions of the Program, or Associate Dean, PGME pursuant to this section, cannot be appealed.

B.2.14 The Vice-Dean, Education and Faculty Affairs (or delegate) will normally convey the decision to the Learner in writing within ten (10) Days. This written communication will outline the next avenue of appeal available to the Learner. A copy of the correspondence will be sent to the Program Director; Associate Dean, PGME; and the Registrar.

Senate Committee on Academic Appeals

C.1 Should the original decision of the RPC be sustained by the Faculty of Medicine Appeals Committee; the final level of appeal would be the Senate Committee on Academic Appeals.

C.2 For further information, refer to the University Regulation - General Academic Regulations - Appeal of Decisions - Appeals to the Senate Committee on Academic Appeals.

C.2.1 Information is subject to amendments in the University Calendar.

Policies using this procedure: