Code of Practice of IFOMPT Appeals procedure
The following principles and procedures will be observed by IFOMPT when dealing with appeals from RIGs and MOs against decisions relating to initial evaluation by IFOMPT or ongoing international monitoring evaluative processes. An appeal must be presented to the IFOMPT Secretariat in writing / via email within one month of receiving the Standards Committee’s decision.
Principles of appeal
1. These procedures are concerned with APPEALS, that is submissions by RIGs or MOs seeking the amendment or reversal of a decision taken by IFOMPT Standards Committee as a consequence of their submission of evidence of standards.
2. The appeals process is not a method of circumventing or setting aside the professional evaluation and judgement of the Standards Committee; it is a way of ensuring that as far as possible all relevant circumstances affecting a decision are brought to light and taken into account BEFORE a final decision is taken.
3. In considering appeals, IFOMPT will observe the rules of natural justice and procedural fairness, namely:
a. That whoever takes decisions should be impartial, meaning that there should be no personal interest in the outcome of the appeal and there should be no apparent likelihood of bias on the part of any member of the Appeals Committee.
b. That each party (RIG/MO and Standards Committee) must be given reasonable notice of the case, and be given the opportunity to state their case in writing. A corollary of this principle is that a body with the power to reach a decision must be able to consider the case fully in the light of all the evidence available.
Grounds for Appeal
Should a RIG or MO who have submitted their curriculum to the Standards Committee wish to appeal the decision of the committee they may do so on the following grounds:
• That new material relevant to the portfolio which was not available at the time of the submission and could not have reasonably made available to the committee at the time it made its decision, is now available for review.
• That there was an error in the processes followed.
• That there was an administrative irregularity or failure in procedure giving rise to a reasonable doubt as to whether the decision would have been different if it had not occurred.
• That there has been bias in the evaluation of the evidence.
• In all cases there is NO appeal against the academic judgement of the Standards Committee.
If these grounds are warranted then the appeal must be presented to the IFOMT Secretariat in writing / via email within one month of receiving the Standards Committee’s decision. In respect of any such appeal the following procedures apply:
Membership of Appeals Committee
The Executive Committee of IFOMPT shall appoint the Appeals Committee.
Each Appeals Committee shall comprise no fewer than three persons appointed by the IFOMPT Executive.
The appeals committee shall comprise of one member of the Executive Committee, one member of the Standards Committee and one independent member of a MO of IFOMPT.
Following the written submission of all information, the Appeals Committee will have 6 weeks to make a decision and report to the Executive Committee of IFOMT.
The Chairperson of the Appeals Committee shall be appointed by the IFOMT Executive.
No person shall serve in respect of a case in which they have a personal interest.
If the RIG or MO making the appeal objects on reasonable grounds to any member of the Appeals Committee that person may, at the discretion of the Chairperson, be required to withdraw. Proceedings shall, if necessary, be adjourned until a replacement is appointed.
The secretary to the Appeals Committee shall be the Executive Administrator of IFOMPT. The Secretary will not have a say in the decision of the Appeals Committee but will provide guidance on procedure and precedence where appropriate. The Secretary will keep a written record of all proceedings of the Appeals Committee.
The decision of the Appeals Committee is final.
Written / email submissions are required in ALL cases. The correspondence address is the IFOMPT Secretariat.
The written / email submission must clearly identify:
a) the decision (or part of the decision) against which an appeal is being made;
b) the grounds upon which the appeal is made;
c) the revised decision or relief being sought;
d) and, in addition, must include all explanatory and supporting documentation.
Circumstances cited in an appeal must be corroborated by independent documentary evidence. Submissions must therefore include ALL the evidence which the RIG / MO wishes to submit for the appeal, including statements from others where appropriate, any other appropriate documentation, and full factual details. Where evidence is provided in a foreign language it is the RIG / MO’s responsibility to have it independently translated before submission.
The submission MUST be made by the prescribed date. Late submissions will not be accepted unless proof of postage / emailing can be provided, or a receipt produced if hand delivered; in all cases indicating that the submission was posted / emailed or hand delivered before the submission deadline.
In all cases, IFOMPT is required to provide written / email comments in response to the submission.
Appeal Committee meeting (teleconference)
Information will not be made available to the Committee which is not made available to the RIG / MO. The members of the Committee will proceed to analyse the case and to take a decision on the course of action which is appropriate.
The RIG / MO will be informed in writing / via email of the Committee’s decision and the reasons for that decision.
The Appeals Committee will:
• Decide whether or not the RIG / MO has grounds for appeal.
• Decide whether or not the RIG’s / MO’s appeal should be upheld in full or in part.
• Decide on the consequences.
• The Appeals Committee cannot make academic judgments, i.e. change decisions based on evaluation of curricula.
The Appeals Committee, following consideration of the appeal, should make decisions using the following broad categories as a guide.
• Reject the appeal, giving reasons, and confirm the original decision against which appeal is being made.
• Uphold the appeal and permit the RIG / MO to be re-assessed in specific aspects.
• Refer the matter back to the Standards Committee.
Approved by the Executive and Standards Committees of IFOMPT. 2nd May 2008.