Adjunct Appeal Panel
Adjunct Appeal Panel Terms of Reference 1. Where a clinical department has a financial relationship with a non-GFT clinical member of faculty, the department and the individual must agree on:
i. A clear and written role description
ii. Clear and written performance expectations
iii. A clear, written description of the financial arrangements
2. Where an individual adjunct believes that departmental decisions or policies about the individual’s role description, performance expectations, or professional compensation were not applied fairly, after availing him/herself of any appeal process in the department, the adjunct may request from the SEAMO CEO assistance in resolving the issue. At the discretion of the CEO, a facilitator may be selected with a view towards reaching mutually acceptable agreement.
3. Should a mutually acceptable agreement not be reached, a three-person adjunct appeal panel will be created as follows:
i. The heads of clinical departments, with the exception of the head of the department concerned, shall select through democratic processes one department head from a department which has a financial relationship with adjuncts.
ii. The SEAMO CEO shall select an adjunct member of faculty from a department other than the department concerned and from a department which funds adjuncts using SEAMO-derived funds.
iii. A GFT faculty member shall be selected at random from those eligible to serve on the SEAMO professional appeal committee, excluding the individual from the adjunct’s department.
4. The adjunct appeal panel will review the processes by which the decision in question had been reached to determine whether it was made fairly. In considering this matter the adjunct appeal panel will: examine the agreed-to role description, performance expectations, and professional compensation policy to see if they were followed; resources available to the department; and departmental obligations to meet clinical and academic responsibilities and associated administrative responsibilities. If the process was found to be faulty, the issue will be returned to the department for reconsideration. The appeal panel may provide recommendations to the department.
5. In circumstances where the appeal panel has concluded that the department will be unable to review the issue fairly, the appeal panel will render a decision.
Procedures Background SEAMO allocates resources to clinical departments to enable them to meet their deliverables. It is the responsibility of the department to establish policies regarding the clinical role, clinical workload, and professional compensation of its members. SEAMO recognizes the need to provide its academic physicians with access to a collegial dispute resolution mechanism regarding these matters. Toward this end, SEAMO requires department-based appeals mechanisms developed through collegial processes and SEAMO has established an Adjunct Appeal Panel to hear appeals by adjunct faculty of departmental decisions regarding clinical role, clinical workload, and professional compensation.
The role, composition, and general functioning of the Adjunct Appeal Panel are described in the Terms of Reference dated 2003 April 14. These procedures augment those Terms of Reference. Because of the potential impact on third parties of an appeal, it is important that timelines specified in this document are adhered to.
1. When an adjunct faculty member wishes to appeal a decision of the department related to the individual's clinical role, clinical workload, or professional compensation, the individual shall apply to the CEO of SEAMO within thirty (30) days of the receipt of the final decision from the department to request initiation of the appeal process.
2. The three members of the Adjunct Appeal Panel shall convene and select a Chair from among them in accordance with the Terms of Reference.
3. The Chair of the Adjunct Appeal Panel shall write to the appellant to provide the appellant with the Terms of Reference and advise the appellant of the names of the Panel members. The Chair shall ask the appellant to provide the Adjunct Appeal Panel, within three (3) weeks of the receipt of the request, with a written statement clearly identifying the nature of and grounds for the appeal, including any material in support of the appeal (“appellant’s material”). The letter shall indicate that:
i. the appellant’s material will be provided to the appellant’s department;
ii. the department will be asked to respond to the appeal within three (3) weeks of the receipt of the appellant’s material;
iii. the department’s response will then be forwarded to the appellant.
4. On receipt of the appellant’s material, the Chair shall write to the appellant’s department head advising of the appeal and providing the department head with the Adjunct Appeal Panel Terms of Reference, the names of the Panel members, and the appellant’s material. The department head will be asked to file a written response to the appellant’s material with supporting documents (“department’s material”) within three (3) weeks of receipt of the request. The letter shall indicate that the department’s material will be provided to the appellant.
5. The Adjunct Appeal Panel may request of the department copies of the appellant’s role description.
6. Both parties shall receive all documents that are submitted to the Adjunct Appeal Panel.
7. The Adjunct Appeal Panel shall meet following receipt of the appellant’s and department’s material in order to review all submitted material. At this time, the Panel will set the hearing date and a firm deadline for submission of any subsequent material. Ordinarily, all further documentation must be received no less than two (2) weeks before the hearing date. The Panel shall attempt to set the hearing date within six (6) weeks of the commencement of the Panel’s review of the submitted material.
8. Neither the date of the hearing nor the date by which material shall be submitted should fall on a statutory holiday or commonly recognized religious holiday.
9. The Chair shall write to the appellant and to the department head notifying them of the hearing date and of the deadline for submission of any additional information.
10. The SEAMO Adjunct Appeal process is meant to be carried out in a collegial manner. Both the appellant and the department may consult with an advisor, however, should either party wish to invite an advisor to attend the hearing, ordinarily only one person from each party shall ask questions of the other party. The Panel should be notified, at least two (2) weeks prior to the hearing date, of the name of any advisor who will be attending and the name(s) of any witnesses who will attend.
11. Ordinarily, the Panel will secure legal counsel for the sole purpose of advising on procedure.
12. At the hearing, the appellant will present his/her case first. The department will then have an opportunity to respond. The appellant will then have the opportunity to respond to issues raised by the department which the appellant had not previously addressed.
13. The Chair will allow each party to ask the other questions. If the parties are to bring witnesses, each party may ask questions of the other party’s witnesses.
14. The Adjunct Appeal Panel may ask questions of the appellant, department, or witnesses.
15. The Chair of the Adjunct Appeal Panel shall make such procedural decisions as may be required from time to time.
16. The hearing shall be held in camera and deliberations of the Panel shall be held confidential.
17. The Adjunct Appeal Panel shall tape record its sessions. The Chair shall announce at the beginning of each session that it is being recorded and that the recording is for the sole purpose of assisting the Panel when making its deliberations.
18. The Adjunct Appeal Panel shall keep minutes of its meetings. Minutes are to be held confidential and are to assist the Panel during its deliberations.
19. The Adjunct Appeal Panel shall render a decision with reasons for the decision and shall report the decision to the parties within two (2) weeks of the conclusion of the hearing.
