Operations
Policies - Violation Review
Review/Appeal Policy for Alleged Recruitment Violations in the Match Process
The Canadian Resident Matching Service (CaRMS) seeks to protect the integrity of the matching process by requiring all matched participants to behave ethically and responsibly during the matching process.
CaRMS policy requires each applicant to enter into a CaRMS match agreement. Medical schools offering residency programs are also required to enter into an institution contract/agreement. CaRMS will investigate and take steps to resolve all alleged breaches of such agreements, including but not limited to: discrepancies in graduation credentials; attempts to subvert eligibility requirements or the matching process itself; failure to protect the privacy of the applicant or the applicant documents; failure to abide by the CaRMS timetable; failure to offer or accept appointments as required by the results of a match; and any other irregular behaviour or activities that occur in connection with registration, the submission or modification of a rank order list, and/or the participant's commitment to honour the match outcome.
A. Reporting Procedures
Applicants, Registrants, Program Directors, Post-Graduate and Undergraduate Deans of the medical school may report to CaRMS any alleged violation of the CaRMS agreements, policies or procedures. Such reports should be addressed to the attention of the Executive Director of CaRMS immediately, but in any event no later than 30 days of knowledge of the alleged incident. No investigation will be initiated until CaRMS has received a written or electronic report concerning the possible violation, in which the author of the report is identified. Any request for anonymity will only be granted to the extent reasonably feasible in the circumstances.
CaRMS will acknowledge all such written or electronic reports in order to make an initial verification of their authenticity within seven days of the receipt of the report.
B. Initial Investigation and Review Procedures
The Executive Director or her designate at CaRMS will contact the party or parties (Applicant, Registrant, Program Director, Undergraduate Dean, or Post-Graduate Dean) identified in the report and such other appropriate person(s) with knowledge of the incident. These individuals will be informed of the nature of alleged violation and that it is being investigated by CaRMS. All parties identified in the report as relevant to the alleged violation will be requested to provide CaRMS with their version of the incident in writing and, if necessary, their response to the allegation(s).
CaRMS will prepare a preliminary report as soon as practicable, documenting the nature of the allegation and the results of the CaRMS investigation. A copy of the preliminary report will be distributed to the parties:
- if the results of the investigation fails to confirm that a violation has occurred, the recommendation will be to close out the matter and notify all
parties in the original report accordingly.
- If the results of the investigation indicate that a violation has occurred, the Executive Director may with the concurrence of the parties and in consultation with the CaRMS Board as appropriate, seek to resolve the incident to the satisfaction of the parties involved.
- Where any party is not in agreement with the recommendation to close the matter, or where the incident cannot be resolved by the Executive Director, the matter shall be referred to a Review Panel of three members from the CaRMS Board of Directors as appointed by Chair of the Board of which one will be a student.
C. Review Panel
CaRMS will provide the Review Panel with a copy of the preliminary report together with access to all relevant and non-confidential documents and materials obtained in the course of the investigations conducted by CaRMS. The Review Panel may also seek any additional information that it considers relevant through CaRMS. The affected parties shall receive a copy of all documents and materials provided to the Review Panel and, prior to the completion of the deliberations of the Review Panel, shall have an opportunity to make submissions in person or in writing. Additional information may also be provided to the Review Panel by the affected parties.
The Review Panel's deliberation shall be carried out under conditions of strict confidentiality by meeting, by telephone, by correspondence or by secure fax. The affected parties shall have the opportunity to make written submissions to the Review Panel. The affected parties may also request to meet with the Review Panel in person at their expense, with or without legal counsel. The Review Panel must be given notice in advance when the affected party chooses to attend before the Review Panel with legal counsel. The Review Panel will not be bound by the rule of law concerning evidence applicable to judicial proceedings.
Unless there are unforeseen circumstances or unavoidable delays, the Review Panel shall forward its report and any other relevant information or recommendations in writing to the CaRMS Board within fourteen business days from the completion of the review. The CaRMS Board may adopt the report and recommendations of the Review Panel in whole or in part. The decision of the CaRMS Board shall be final.
D. Remedies and Reports
In circumstances where the CaRMS Board of Directors confirms a violation of the CaRMS match agreement by an applicant or registrant:
- the remedy may include, but is not limited to the following:
- A remedial caution
- A reprimand
- Disqualification from the match
- Disqualification from entry to subsequent CaRMS matches for up to three years
- Such other action as the Board considers just and appropriate in the circumstances.
- The final report of the Board will be delivered to:
- The applicant's Dean and Undergraduate Dean
- The Undergraduate and Post-Graduate Deans and Directors of the programs included in the applicant's final rank order list in the current matching year
- The Post-Graduate Dean and Program Director of the program to which the applicant switched (if known)
- The party who originally reported the violation
- Any parties whom CaRMS has determined are relevant to its investigation
- The applicant's residency Program Director if the violation occurred in a fellowship match.
Where the Board of Directors has confirmed a violation on the part of the program or medical school:
- the range of remedies may include, by are not limited to the following:
- Remedial caution
- Reprimand
- Withdrawal of the program from the match if the violation was determined prior to match day
- The program being identified as a match violator in the CaRMS website
- Suspension or termination of the medical school's access to the password-protected match site area of the CaRMS website
- Such other remedies as the Board of Directors consider just and appropriate in the circumstances.
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