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ECFVG Policies and Procedures
 
Appeal Procedure
April 2007
 

An adverse decision may occur at any one of a number of required steps in the AVMA ECFVG certification program. The described appeal steps apply to those decisions that are made by ECFVG. Adverse decisions by ECFVG may include, but are not necessarily limited to: (1) determination that proof of graduation is not adequate; (2) decision that the TOEFL/TSE/TWE, iB-TOEFL, IELTS, or CAEL Assessment scores are inadequate; (3) determination that a candidate did not abide by the ECFVG Rules of Conduct or otherwise engaged in irregular behavior in connection with the CPE; (4) determination that any examination score is inadequate; (5) determination that clinical location does not meet established criteria for approval; (6) determination that evaluated clinical experience is incomplete, inadequate, or otherwise not acceptable; and (7) dismissal of candidate from the program.

In the event of an adverse decision by the ECFVG, ECFVG shall advise the affected person, in writing, of the grounds therefore and of the procedure for appeal. An affected person desiring to appeal the Commission's adverse decision must adhere to the following procedure:

  1. Petition for reconsideration—An affected person may petition for reconsideration or review of the Commission's decision on the following grounds only; that ECFVG has ruled erroneously by: (i) disregarding the established AVMA criteria for certification of ECFVG candidates; (ii) failing to follow its stated procedures; or (iii) failing to consider relevant evidence and documentation presented. The affected person may petition ECFVG to reconsider its decision by filing with ECFVG a written petition for reconsideration which shall include a statement of the grounds for reconsideration and documentation, if any, in support of the petition.
    1. Such a petition must be received in the ECFVG office within 90 days of the date on which ECFVG announces its adverse decision.
    2. Within 60 days of receiving the petition, the ECFVG must determine whether it will deny or grant the request to reconsider the adverse decision and, if granted, within 90 days of receiving the petition the ECFVG must reach a decision as to whether to affirm, modify or reverse the adverse decision.
    3. The ECFVG reserves the right to seek additional information during review of a petition for reconsideration from:
      1. The initial source of the adverse action (eg, test administrators)
      2. The candidate
      3. Other outside experts
    4. The affected person may, at the sole discretion of ECFVG, be invited to participate in the meeting and/or teleconference at which the ECFVG is to determine whether to grant the petition and/or, if granted, the meeting and/or teleconference at which the ECFVG is to decide whether to affirm, modify or reverse the adverse decision.
    5. In the event that ECFVG either declines to reconsider its decision, or, after reconsideration, the affected person is not satisfied with the ECFVG decision; the affected person must follow the procedure outlined in paragraphs 2-7, below, if he or she desires to appeal the ECFVG's decision further.


  2. Petition for Review—The affected person shall notify the Chair of the AVMA Council on Education in writing that he or she intends to petition for review of the ECFVG's adverse decision and subsequent determination on the affected person's Petition for Reconsideration:
    1. Written Notification: Such written notification must be received in the office of the Chair of the AVMA Council on Education, 1931 North Meacham Road, Suite 100, Schaumburg, Illinois, 60173, U.S.A., within 30 days after ECFVG announces its decision on the affected person's petition for reconsideration.
    2. Written Petition for Review: The affected person must file with the Chair of the AVMA Council on Education a written petition for review of the ECFVG's adverse decision, which shall include a statement of the grounds for review; documentation, if any, in support of the petition; and a request for a hearing, if desired. Such written petition must be received in the office of the Chair of the AVMA Council on Education within 90 days after the ECFVG announces its decision on the affected person's petition for reconsideration. The Chair of the AVMA Council on Education shall promptly forward the affected person's written petition for review to the ECFVG.
    3. ECFVG's Response: Within 30 days after the Chair of the AVMA Council on Education sends the affected person's written petition for review to the ECFVG, the ECFVG may file a written response with the Chair of the AVMA Council on Education, which may include a statement of the basis for the adverse decision, documentation, if any, in support of the adverse decision; and a request for a hearing, if desired.


  3. Review Panel: Within 30 days after receiving a complete and adequate written petition for review, the Chair of the AVMA Council on Education shall appoint a Review Panel comprised of three persons, none of whom shall be members of ECFVG or have other conflict of interest. The Chair of the Council shall designate the Chair of the Review Panel from among the three persons chosen to sit on the Review Panel.

  4. Optional Hearing: If the petition for review contains a demand for a hearing or if ECFVG requests a hearing, the Review Panel shall hold a hearing at a mutually convenient time and place within 60 days after receiving a complete and adequate written petition for review from the affected person. If a mutually convenient location cannot be agreed upon, the hearing will be held at AVMA headquarters in Schaumburg.
    1. AVMA staff will schedule and organize the hearing and provide reasonable notice of the time and place of the hearing to the Review Panel, the affected person, and ECFVG by certified mail.
    2. The procedures and conduct of the hearing will be determined by the sole discretion of the Chair of the Review Panel, including but not limited to the admission and order of presentation of evidence and/or testimony, the length of testimony and/or cross-examination, and the length of any argumentation and opening or closing remarks.
    3. Subject to clause 4(b) above, at the hearing, the affected person and ECFVG shall have the right to present witnesses, to submit any evidence pertinent to the case and to cross-examine witnesses of others. Witnesses giving oral testimony shall be sworn by the Chair of the Review Panel. Before permitting testimony relating to the character or general reputation of anyone, the Review Panel shall satisfy itself that the testimony has a direct bearing on the case at issue.
    4. Neither ECFVG nor the affected person shall be represented by legal counsel at the hearing. The Review Panel may at its discretion have legal counsel present to advise it in matters of procedure.
    5. At the discretion of the Review Panel or upon the advance written request of either the affected person or ECFVG, a transcript of the hearing shall be made. The cost of such transcript shall be borne by the party requesting it.


  5. Review Panel Decision: After review and consideration of the ECFVG's adverse decision, the affected person's petition for review, and the relevant evidence presented at the hearing, if any, the Review Panel shall within 30 days of the close of the hearing, or in the event no hearing is requested within 60 days after receipt of the affected person's written petition for review, issue a written decision affirming or recommending changes in the ECFVG's adverse decision and stating the reasons therefore. The Review Panel shall provide copies of its written decision to ECFVG and to the affected person. In the event that the Review Panel recommends any changes in the ECFVG's adverse decision, ECFVG shall accord substantial deference to the Review Panel's decision in deciding whether to modify its adverse decision. Within 60 days of any Review Panel decision recommending changes in the ECFVG's adverse decision, ECFVG shall issue a written opinion stating: (i) whether and to what extent it shall abide by the Review Panel's decision; (ii) how its opinion accords substantial deference to the Review Panel's decision; and (iii) the bases of its opinion. ECFVG shall provide copies of its opinion to the Review Panel and to the affected person.

  6. Expenses: In the event that a hearing is held before the Review Panel, reasonable expenses, using AVMA guidelines, for travel, meals, and lodging of the Review Panel and witnesses shall be borne by the party requesting the hearing. The party responsible for costs shall forward to AVMA, within sixty days after filing a request for a hearing, $2,000.00 as a deposit for such expenses. Any additional necessary expenses shall be paid by the party responsible for costs upon demand by the AVMA, and any surplus of the deposit shall be returned to the petitioner.

  7. Rehearing: After the announcement of the Review Panel's final decision the affected person or ECFVG may file with the Chair of the AVMA Council on Education a written petition for rehearing on the basis of new evidence that could not, with reasonable diligence, have been discovered and produced at the original hearing. The petition for rehearing must be received in the office of the Chair of the AVMA Council on Education within 90 days of the announcement of the Review Panel's decision. The procedure for a rehearing shall be the same as that described in Paragraphs 2 through 6 above. No more than one petition for rehearing may be filed by any party in a case. ECFVG shall provide a copy of its petition for rehearing to the affected person.
 

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