Appeals

An appeal process will provide for fair and equitable adjudication of accreditation processes that are contested. Programs may appeal the process that led to the following decisions:

  1. The Analysis of Self-Study indicated that a site visit will not proceed.
  2. Adverse category of accreditation accorded; such as: Probationary Accreditation, Accreditation Withdrawn or Accreditation Withheld.

Administrative Probationary Accreditation is not subject to reconsideration.  Programs receive consideration of change of status through compliance with the administrative requirements.

Procedures:

  1. Filing an Appeal
    The chief executive officer of the school in which the respiratory therapy program is housed, may appeal any of the decisions of CoARTE specified in the policy. This appeal must be submitted within 10 days of receiving written notice of the final Accreditation decision. The secretariat will acknowledge receipt of the request for reconsideration and will act as the liaison between the program and the appeals committee. The appeal must be addressed in writing, to the Chair of CoARTE and must specify the grounds on which the appeal is being made. Further, the appeal must include the documentation necessary to supporting the appeal.
  2. Basis for an Appeal
    An appeal must be based on one or more of the following grounds:

    1. here were errors or omissions in carrying out prescribed procedures on the part of the program review team;
    2. There was demonstrated bias or prejudice from one or more members of the program review team during the accreditation site visit;The appeal letter from the school must set forth the grounds for the appeals and state the reason(s) why the program believes those grounds exists. The program may include relevant supporting documents with the letter. Upon receipt of the appeal, CoARTE will maintain its accreditation decision until the appeal process is complete.
  3. Creation of an Ad hoc Appeals Committee
    Upon receiving the Appeals letter, the Accreditation Manager will forward the letter to the CSRT Executive Director, the CoARTE Chair, the CSRT President and the Provincial Registrar (for information only). Within 30 days of receipt of the appeal, the CSRT Executive Director will appoint a four-person Appeals Committee. The Appeals Committee will include the CSRT President, or designate if the President is from the province of the appellant, two current registered members of the CSRT, and one public member.
    Members will:

    1. not be current members of the Council on Accreditation for Respiratory Therapy Education (CoARTE)
    2. have prior experience with the accreditation activities either as a program reviewer or former member of CoARTE
    3. not be in a conflict of interest with the program
    4. will not have had any involvement in the processes or procedures relating to the accreditation decision under appeal or to any prior accreditation decision for that program
    5. not reside or practice in the province of the appellantThe Accreditation and Education Manager will confirm that the proposed members are willing to serve on the Appeals Committee and will notify the program of the names of the four proposed members. If the program shows good cause why a proposed member is unacceptable, another member will be selected.
  4. Meeting of the Appeals Committee
    The Appeals Committee shall meet, face to face or by conference call, no later than 60 days after the request for an Appeal was made. The program may elect to have one or more representatives appear before the Appeals Committee to make oral and/or written presentations and to respond to questions from the Appeals Committee.The Chairperson of CoARTE or his or her designate will also appear before the Appeals Committee to support the decision of the Council and to respond to questions of the Appeals Committee. Although counsel may accompany either party, the proceeding shall be conducted on an informal basis. At any time during the appeal process, the Appeals Committee may request the assistance of legal counsel from the CSRT to provide guidance in the interpretation and resolution of legal or procedural problems that arise in the context of an appeal.
  5. Evidence and Documents to be considered by the Appeal Committee
    The issues addressed by the Appeals Committee will be limited to those stated in the appeal made by the program. Information available to the Appeals Committee at the time of reconsideration will be the basis for its decision regarding the appeal. The Appeals Committee, the appellant, the Accreditation Council’s representative and the CSRT legal counsel will be furnished with all the documents reviewed by CoARTE in making its decision. In addition, the letter notifying the program of the Accreditation Council’s decision and the letter of appeal by the program will be provided. Changes made by the program which were not detailed in its response to the final program review report, and which were produced after the program had written its response to the final program review report, will not be considered by the Appeals Committee. For decisions pertaining to the Analysis of Self-Study and Probationary Accreditation, subsequently documented evidence of corrected deficiencies will also be considered.
  6. Decisions of the Appeals Committee
    There are two possible decisions the Appeals Committee may make. They may:

    1. Deny the appeal and recommend that CoARTE maintain its original decision.
    2. Accept all or part of the appeal and recommend that CoARTE revise its original decision.The committee will provide a decision on the appeal in writing, detailing its findings, recommendations and reasons for same, within 30 days of the appeal meeting. The letter will be addressed to the Chair of CoARTE and sent to the Accreditation and Education Manager. Copies will be forwarded to the Chief Executive Officer of the school, the Registrar of the province in which the school resides, and the Executive Director of the CSRT.
  7. Costs of an Appeal
    The cost of an appeal is $1000.00. A refund, minus administrative costs, will be issued to the program if the appeal is granted. There are no refunds if the program's appeal is denied.
  8. Review of Appeal Policy
    CoARTE will review the policy and procedures for appeals on an annual basis.