Initiating an Appeal | School of Medicine

Routes of Appeal

A resident may appeal a decision of a Competence Committee (CC) or Central Competence Committee (CCC) only when the Committee's decision will result in that resident being placed on probation or being required to withdraw. This decision may be appealed to an Academic Review Board (ARB), and the decision of that ARB may be subsequently appealed to a Postgraduate Tribunal.

Academic and/or clinical performance determinations of the CC/CCC other than those specified above are not subject to appeal.

It's important to note that the grounds for an appeal to Academic Review Board (ARB) are Extenuating Circumstances that the resident was incapable of raising before the CC/CCC, through no fault of their own, or a breach of Procedural Fairness with respect to the CC/CCC decision. The grounds for appeal to Postgraduate Tribunal are a breach of Procedural Fairness by the ARB or the Associate Dean, PGME.

Please review Section 15.0 of the Assessment, Promotion, and Appeals policy for more information on appeals.

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Appeal Process - Academic Review Board

In order to proceed with an appeal to an Academic Review Board (ARB), notice must be given to the ARB Secretary within fifteen business days of receiving the decision that is being appealed. The Program must respond in writing within fifteen business days of the receipt of the notice of appeal.

The notice of appeal is a very important part of the process as it contains all supporting documentation upon which the ARB will rely, including a copy of the decision being appealed, any relevant facts, the precise grounds of the appeal, the specific remedy sought, all documents upon which the resident intends to rely, the resident’s preferred method of proceeding, the reasons for requesting an in-person proceeding (if applicable) together with a list of any witnesses that the resident intends to call, the name of the resident's counsel, if any, and the resident’s current contact information. In most cases, residents will work with their legal counsel to prepare the notice of appeal.

Residents are reminded that PARO staff offer confidential, one-on-one support to individuals navigating complex issues related and also unrelated to the PARO OTH Collective Agreement, including academic performance, professionalism or other learning environment concerns. Do not hesitate to reach out to PARO for tailored, confidential support at paro@paroteam.ca, or 1.877.979.1183.

For complete information about the ARB process, please refer to Schedule G (ARB Terms of Reference and Rules of Procedure) in the Assessment, Promotion, and Appeals Policy.

Appeal Process - Postgraduate Tribunal

If a resident wishes to appeal a decision of an Academic Review Board (ARB) with respect to probation, suspension, or a requirement to withdraw, the appeal will be heard by a Postgraduate Tribunal. Just as with an appeal to an ARB, notice must be given to the Tribunal Secretary within fifteen business days after being advised of the decision of the ARB.

The notice of appeal is a very important part of the process as it contains all supporting documentation upon which the Tribunal will rely, including a copy of the decision being appealed, any relevant facts, the precise grounds of the appeal, the specific remedy sought, all documents upon which the resident intends to rely, the resident’s preferred method of proceeding, the reasons for requesting an in-person proceeding (if applicable) together with a list of any witnesses that the resident intends to call, the name of resident's counsel, if any, and the resident's current contact information. In most cases, residents will work with their legal counsel to prepare the notice of appeal.

A key difference between the Tribunal and ARB processes is that the only permissable grounds for appeal to Postgraduate Tribunal are a breach of Procedural Fairness by the ARB or the Associate Dean, PGME. This means that the Tribunal does not re-hear the case that was put before the ARB. Instead, the Tribunal examines the decisions of the ARB or Associate Dean to ensure that they were procedurally fair.

It is also important to note that the Tribunal has no jurisdiction over academic and/or clinical performance determinations. The decision of the Tribunal is final and residents do not have access to the University Student Appeal Board of the University Senate.

For complete information about the Tribunal process, please refer to Schedule H (Postgraduate Tribunal Terms of Reference and Rules of Procedure) in the Assessment, Promotion, and Appeals Policy.

Contact Information

For questions about appeals, please contact the Secretary to the Academic Review Board and Postgraduate Tribunal.