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APPEAL TO THE GOVERNING BODY OF THE COLLEGE AS A RESULT OF THE COMPLAINTS REVIEW PROCESS

The College of Physicians and Surgeons is committed to ensuring that it follows the principles of natural justice and fairness in dealing with everyone who becomes involved in the complaints resolution process.

This means that all parties to the complaint, including the complainant and the physician, are given equal opportunity to fully explain what happened from his/her perspective, to have his/her explanations and concerns fully considered, and to challenge any evidence that is being or has been considered. The process also precludes bias, favoritism or prejudgment in arriving at a decision affecting the complainant or the physician. The Complaints Resolution Advisory Committee is composed of three practicing physicians and three public, non-medical members whose duty is to consider all relevant information and to perform fairly and honestly, to the best of their ability.

Complainants who feel that the principles of natural justice and fairness were not adhered to in the review of their complaint can appeal a decision made by the Complaints Resolution Advisory Committee to the governing Council of the College.

The Council is comprised of 17 members, 11 elected physicians, the Dean of Medicine, and 5 non-medical members of the public appointed by the Minister of Health. Each member of Council reviews all documentation related to the complaint, the initial letter of complaint, the physician response or responses, the medical or hospital record, the expert opinion (if obtained), and the correspondence sent to the complainant and the physician indicating how the Complaints Resolution Advisory Committee arrived at their finding.

Council as a whole, if it concludes that a rule was or rules of the process were violated, including violation of the principles of natural justice or fairness, can agree or disagree with the finding of the complaints process, alter the finding by substituting its own decision, or refer the complaint back to the Registrar or the Complaints Resolution Advisory Committee.

Once Council has concluded its deliberations, the complainant is advised in writing of the outcome.

COLLEGE OF PHYSICIANS AND SURGEONS OF SASKATCHEWAN COUNCIL POLICY
Policy Name: Values Re: Complaint Resolution Number: GP-14
Policy Type: Governance Process Date Approved: August 14, 1998

Council is committed to ensuring that in the process of resolving complaints regarding behaviour of its members justice is done and justice is seen to be done.

Accordingly, all processes shall ensure fairness and equity to both complainant and respondent, and the observation of due process and the principles of natural justice, specifically:

  1. Ease of access to the complaints process.

  2. Timely response and resolution.

  3. Fair opportunity for both sides of an issue to be heard.

  4. Deliberation by individuals who are competent and knowledgeable regarding the issue being decided.

  5. Due diligence in consideration of the issue.

  6. Consistent treatment of similar cases.

  7. Transparency in the process used.

  8. Cost-effectiveness in the process used, provided that none of the other principles are violated.

COLLEGE OF PHYSICIANS AND SURGEONS OF SASKATCHEWAN COUNCIL POLICY
Name: Appeals to Council as a Result of the Complaints Process Number: GP-16
Type: Governance Process Date Approved: April 9, 1999

Council wishes to ensure that its philosophy of complaints resolution as outlined in policy GP-14 is adhered to. This policy describes under what circumstances a party may appeal the decisions of a complaints procedure to Council and the latitude of Council's response to such an appeal.

  1. Any party to the complaints process may make an appeal to Council in the following circumstances:

    1.1. Where the party has exhausted the internal complaints processes as established by the Registrar, and

    1.1.1. If the party alleges that a rule or rules of the complaints process was or were violated including violation of the principles of natural justice or fairness;

    1.1.1.1. This would include situations in which the party alleges that they were treated in a manner that discriminated on the basis of their age, gender, race, religion or sexual orientation.

  2. All appeals will be:

    2.1. Presented to Council in written form and will restrict themselves to dealing with the issues covered in Section 1 of this policy.

    2.2. Will be determined on the basis of the record.

  3. Upon receiving an appeal, Council may make such an order as may be appropriate and necessary which, without limiting the generality of the foregoing, may include one or more of the following:

    3.1. Council may confirm the result of the complaints process;

    3.2. Council may refer the complaint back to the Registrar or any person or persons delegated by the Registrar to handle complaints or any committee established by the Registrar for handling complaints with or without guidance as to its findings regarding issues in Section 1 of this policy;

    3.3. Council may vary the result of the complaints process;

    3.4. Council may substitute its own decision for that of the complaints process;

    3.5. Council may quash the result of the complaints process.

  4. Nothing in this policy precludes or restricts the powers of Council under Part V of the Medical Profession Act or its bylaws.

  5. Nothing in this policy precludes the rights of persons to appeal under Part VI of the Medical Profession Act or its bylaws.