Guidelines for appeal of Evaluating Examination standing/result

In accordance with MCC by-laws, rules and regulations, any candidate who has been denied standing, including any denial of entry to future examinations, or who considers that the results of an examination have been prejudiced by the conduct, but not the content, of the examination may appeal to the Central Examination Committee.

Filing of Appeal

Any candidate or other person wishing to appeal as permitted by the by-laws shall notify the Director of the Evaluation Bureau in writing of such intention, setting forth the grounds for the appeal and the relief sought, within forty-five (45) days of the decision of the Evaluating Examination Composite Committee.

The candidate or person wishing to appeal must also provide the Director of the Evaluation Bureau, at least twenty-one (21) days before the hearing of any appeal, a written statement or opinion of any person intended to give evidence and copies of all documents intended to be relied upon at the hearing, together with notice whether the appellant intends to appear in person, or be represented by counsel, or both.

Upon receipt of the appellant’s Notice of Appeal, the Director of the Evaluation Bureau is to:

Notify the Chair of the Central Examination Committee of the impending appeal,
Determine with the Chair of the Central Examination Committee the date, time and place of a meeting of the Central Examination Committee,
Notify the appellant, in writing, of the date, time and place where the Central Examination Committee will meet to hear the appeal,
Distribute to members of the Central Examination Committee copies of all documents submitted by the appellant and all other relevant information that is available concerning the appeal,
Provide the appellant with copies of the relevant information made available to members of the Central Examination Committee.

Hearing of an Appeal

The appeal shall be heard within ninety (90) days of the receipt of the notice of appeal from the candidate or other person. The candidate shall receive notice of the time and place of the hearing of the appeal. The Central Examination Committee may proceed to consider and dispose of the appeal at the appointed time and place, whether or not the appellant or counsel for the appellant shall be present. The Central Examination Committee may conduct a hearing by telephone conference where the appellant consents or indicates an intention not to appear in person or be represented by counsel.

In attending an appeal, the appellant or counsel for the appellant shall, at the discretion of the Chair of the Central Examination Committee, be entitled to present witnesses to give evidence or to cross-examine other persons present. The members of the Central Examination Committee may question the appellant and any other persons as may be present or available. The appellant or counsel shall also have the right to make oral or written submissions.

Appeal Decision

After considering the notice of appeal, the evidence presented at the hearing and the submissions made, the Central Examination Committee may decide to:

reject the appeal and uphold the decision of the Evaluating Examination Composite Committee,
allow the appeal and order:

that the candidate be granted a pass standing or a new examination;
that the denial of standing be set aside and the candidate be granted a pass or fail standing by the Evaluating Examination Composite Committee based on the results of the examination in issue;
that the denial of entry as determined by the Evaluating Examination Composite Committee be set aside or reduced and that the candidate be granted access to future exams;

The Central Examination Committee shall prepare written reasons for its decision to be made available to the appellant and the appellant’s counsel. The decision of the Central Examination Committee shall be final.

Entry to Future Examinations

Candidates who have been denied entry to future examinations by the Evaluating Examination Composite Committee or by the Central Examination Committee may, on the basis of new information, petition the Appeals Committee to be granted permission to again be allowed to have access to future examinations of the Council. The decision of the Appeals Committee shall be final.