Appeals Process for the CAPES Decisions
The School of Medicine has the right and responsibility to assure that each student, during the time of enrollment, demonstrates levels of academic achievement and ethical stature appropriate to the practice of medicine. The School must also ensure provision of fairness in discharging those rights and responsibilities.
Within 14 working days of the date on which an academic or disciplinary decision is rendered by the CAPES, the student may request, in writing to the Registrar, that the School of Medicines Appeals Committee review the record of the CAPES decision to determine that the appropriate CAPES procedures were followed or that the Appeals Committee request that the CAPES consider additional, new relevant information which was not previously presented to the CAPES for good cause. The letter to the Registrar should include the basis for the appeal as well as any new relevant information and an explanation as to why it was not timely presented to the CAPES.
An Appeals Committee, composed of faculty members appointed by the Dean of the School of Medicine, shall be created to review appeal of decisions by the CAPES. Members of the CAPES Committee may not be appointed to the Appeals Committee. A quorum of this committee shall consist of five members.
The Appeals Committee shall review the record of the CAPES decision solely to determine whether the pertinent CAPES procedures were followed and whether all relevant information was considered by the CAPES. If the appeal is based on a contention that all relevant information was not presented to the CAPES, the written appeal must provide the Appeals Committee with adequate reason why the student did not present this information at the CAPES meeting in question. In all cases, the Appeals Committee shall not substitute its judgment of the facts or its opinions of the merit of matter for those of the CAPES.
On all appeals the Appeals Committee may either (1) remand the matter to the CAPES for reconsideration with its explanation for the remand, or (2) deny the appeal. If the matter is remanded to the CAPES, all documents, minutes of the Appeals Committee meeting, and information submitted by or for the student in support of the appeal will be made available to the CAPES. The Appeals Committee shall provide its decision in writing to the Dean, the student, the CAPES, the Associate Dean for Student Affairs and the Registrar. The Associate Dean for Student Affairs shall determine whether the student may continue his or her curriculum pending the Appeals Committee review of a CAPES decision.
Within 10 working days of the date of an Appeals Committee’s decision or referral back to the CAPES, the student may request, in writing, that the Dean of the School of Medicine review the decision of the Appeals Committee. The decision of the Dean shall be final.