Overview

Section 10.5 of the University regulations for the Degree of Doctor of Medicine (M.D.) states the following regarding promotion decisions: A student has the right to make a formal appeal against a decision of the Student Promotions Committee. However, this appeal cannot be made on the basis of the grades awarded in individual courses, as the student will normally have had the opportunity of contesting grades and assessment results immediately after notification. A formal appeal by a student against the decision of this Committee must be made on grounds other than the grades awarded, e.g. default of procedure. This appeal should be made in writing, clearly stating the basis for the appeal and should be directed in the first instance to the Dean. The Dean in consultation with the Office of the Registrar determines whether or not the grounds stated are sufficient to warrant a formal hearing of the appeal. 

Purpose 

To describe the procedure to be followed when a medical student makes a formal appeal against a decision of the Student Promotions Committee. 

Scope 

The M.D. Program at Memorial University of Newfoundland (MUN).Procedure 

A.0 Submission of an appeal request 

A.1. Within ten (10) working days of receiving a decision in writing by the Student Promotions Committee advising that the student will not be promoted to the next phase or is not eligible to graduate, a student can make an appeal in writing, addressed to the Dean of Medicine and copied to the UGME office. In the letter of appeal, the student must clearly and fully provide: 

A.1.1. Name; 

A.1.2. Current address and telephone number; 

A.1.3. Memorial University of Newfoundland email address; 

A.1.4. Student ID number; 

A.1.5. The decision being appealed; 

A.1.6. The grounds of appeal 

A.1.7. The resolution being sought; 

A.1.8. Supporting documentation, as appropriate. 

A.2. Upon receipt of a letter of appeal, the Dean of Medicine in consultation with the Office of the Registrar will conduct an initial review of the appeal request as to whether the request satisfies the requirements for an appeal as stipulated in the University Calendar; Appeal of Decisions. The Dean of Medicine and the representative(s) from the Office of the Registrar chosen to review the appeal request will not sit on the Student Promotions Committee or the Faculty of Medicine Appeals Committee.

A.2.1. If the request does not satisfy the requirements for an appeal, the appellant will be advised in writing by the Dean of Medicine within five (5) working days. 

A.2.2. If the request satisfies the requirements for an appeal, the matter is sent to the Faculty of Medicine Appeals Committee for adjudication as per the Appeals Committee Terms of Reference. 

B.0 Faculty of Medicine (FoM) Appeals Committee 

B.1. The Vice Dean of Medicine (or delegate) will call an appeal hearing with the Appeals Committee at the earliest opportunity that quorum can be achieved. 

B.2. The appellant may submit relevant documents to the Appeals Committee. 

B.3. All relevant documentation will be circulated to Committee members and provided to the appellant and Phase Lead (or delegate) prior to the appeal hearing. 

B.4. The Phase Lead (or delegate) and appellant will be invited to attend the appeal hearing. Appeal hearings are heard in person. Each may bring one (1) advisor (in the form of legal counsel or a support person). In the event that legal counsel attends as the advisor, legal counsel is the only person who will speak on behalf of the person who invited legal counsel to attend. 

B.5. The Phase Lead (or delegate), or legal counsel in the event that the Phase Lead engages legal counsel, will address the Appeals Committee in person and present information and answer questions from the Appeals Committee pertaining to the appellant's performance. 

B.6. The appellant, or legal counsel in the event that the appellant engages legal counsel, will also address the Appeals Committee in person and present information and answer questions from the Appeals Committee pertaining to the appellant's performance.

B.7. The appellant, Phase Lead (or delegate), and advisors will then be excused from the Committee deliberations but may be recalled to answer questions of clarification posed by the Appeals Committee.

B.8. Official written transcriptions of the appeal hearing submissions and discussions are kept. 

B.9. The Appeals Committee may reach its decision immediately after deliberations, or may reserve its decision for further consideration of the submissions for up to two (2) business days. The Appeals Committee may reach one of the following decisions: 

B.9.1. Uphold the decision of the Student Promotions Committee; 

B.9.1.1. If the decision is reached immediately following deliberations, the decision may be informally communicated to the appellant immediately after committee deliberations. The Vice-Dean (or delegate) will formally convey the decision to the appellant in writing within two (2) business days. This written communication will outline the next avenue of appeal available to the appellant. A copy of the correspondence will be sent to the Chair of the Student Promotions Committee, Associate Dean, UGME, and the Registrar. 

B.9.2. Reverse the decision of the Student Promotions Committee; 

B.9.2.1. If the decision is reached immediately following deliberations, the decision may be informally communicated to the appellant immediately after committee deliberations. The Vice-Dean (or delegate) will formally convey the decision to the appellant in writing within two (2) business days. A copy of the correspondence will be sent to the Chair of the Student Promotions Committee, Associate Dean, UGME, and to the Registrar. The Student Promotions Committee is unable to appeal the decision of the Appeals Committee.

C.0 Senate Committee on Academic Appeals 

C.1. Should the original decision of the Student Promotions Committee to not promote the student or that the student is not eligible to graduate be upheld by the Appeals Committee, the appellant can appeal the decision of the Appeals Committee to the Senate Committee on Academic Appeals. 

C.2. For further information on appeals to the Senate Committee on Undergraduate Appeals, refer to the UNIVERSITY REGULATIONS - General Academic Regulations (Undergraduate) - Appeal of Decisions - Appeals to the Senate Committee on Academic Appeals. Information is subject to amendments in the University Calendar.