Appeal Procedures

Introduction

After completing an NEB examination, candidates may have concerns regarding their results or the circumstances of their examination. NEB provides several distinct options to address these concerns:

  • Complaints: Concerns about exam conditions, facilities, or administration that do not relate to scoring or exam outcome. Complaints are reviewed for quality improvement and may lead to corrective action, but they do not change exam results.
    • Candidates may submit feedback through the Post-Exam Feedback Survey which is sent out after every CPE session. The survey data is reviewed by the NEB Staff, the NEB Committee, and Head Examiners, as appropriate.
  • Feedback Options: Opportunities to receive structured feedback. CPE candidates may request section-specific feedback reports via the NEB Candidate Portal for a fee (Schedule of Fees | CVMA) after their CPE scores are released.
  • Appeals: Formal requests for review of an exam result based on significant irregularity(ies) in scoring or administration that may have affected performance. Appeals apply only to the CPE.

These processes are separate and serve different purposes. Candidates should carefully review the information to determine the most appropriate option for their situation.

Note that some NEB exams have distinct processes:

  • Basic and Clinical Sciences Examination (BCSE): There are no appeals of a BCSE score. Verification of scores are handled per the BCSE policy outlined here.
  • North American Veterinary Licensing Examination (NAVLE): NAVLE candidates are not permitted to review their tests, and there are no rescores or appeals of NAVLE results. Candidates may submit grievances through the ICVA as outlined in our NAVLE policy here.

Appeals Procedures

All candidates are entitled to submit an appeal when they believe that a significant irregularity or error occurred that impacted their examination result. The NEB has two levels of appeal: A Primary Appeal to the NEB Committee, and a Secondary Appeal to an independent panel.

Primary Appeal

The candidate wishing to appeal must submit a notice of their appeal to the NEB in writing within twenty-one (21) calendar days from the date of receiving their exam results. The Notice of Appeal shall clearly outline the grounds for appeal, accompanied by brief and concise statements to support the validity of such grounds. Candidates must use this appeal template. Appeals are to be submitted electronically to the NEB either by email to neb-bne@cvma-acmv.org or through the NEB Candidate Portal. There is no fee associated with the primary appeal process.

Valid Grounds for an Appeal

  • The NEB failed to follow its stated policies or procedures, which might include where a significant procedural irregularity occurred that may have materially affected the candidate’s examination outcome.
  • The NEB failed to consider relevant evidence and documentation properly submitted by the candidate.

Without limitation, it should be noted that the following reasons will not be considered as grounds for appeal:

  1. Lack of proficiency in either the English or the French languages as used in veterinary practice in Canada. Candidates whose native language is not English or French are reminded that they are strongly advised not to attempt the Examination until they have achieved adequate proficiency in one of Canada’s two official languages.
  2. Regulatory questions based on United States laws. Because the written parts of the Examination are used in both the United States and Canada, some questions on regulatory medicine might pertain specifically to one country or the other. It is recognised that candidates in each country may be unfamiliar with the laws of the other country and, therefore, may have difficulty with an occasional question. However, the Canadian experts in veterinary medicine involved in the preparation of the Examination ensure that there are no questions on the Examination which would be unduly prejudicial to Canadian candidates.
  3. Lack of preparation, study materials, personal circumstances (i.e., illness) or travel time. Candidates are advised that it is their responsibility to ensure that they have taken sufficient time to prepare adequately for the Examination. Candidates are also advised that they should take into account distances and weather conditions in planning for travel to Examination sites. Candidates are further advised that they should arrive in the region of the Examination site sufficiently early so that they are able to adjust to the effects of travel and any difference in time zones. Candidates may review the Refund and Withdrawal Policy for Extenuating Circumstances (CPE only).
  1. Late arrival at the Examination sitefor any portion of the Examination for any reason whatsoever.
  2. Policies related to the number of attempts on the NEB examinations.

Outcomes of a Primary Appeal

The Primary Appeal shall be considered by the full NEB at its subsequent meeting following receipt of the Notice of Appeal. The candidate will be advised in writing of the decision of the NEB on the Primary Appeal no later than 45 calendar days following that meeting.

Secondary Appeal

If the candidate wishes to appeal the decision of the NEB on the Primary Appeal, they may choose to submit a final Secondary Appeal to the NEB Registrar. To do so, the candidate must indicate an intention to formally appeal the decision within 7 calendar days of the written decision of their Primary Appeal.

Within 60 calendar days of the decision of the Primary Appeal, the candidate must submit the following in full to the NEB to initiate the secondary appeal (Notice of Secondary Appeal):

  1. A detailed written statement outlining the grounds for the Secondary Appeal;
  2. All evidence and supporting documentation that will be relied upon by the candidate for the Secondary Appeal;
  3. The specific resolution sought;
  4. Payment of the Secondary Appeal fee
    1. At the date of this posting, the Secondary Appeal fee is $3,000. Candidates must inquire with NEB Staff for available options to submit this fee within the 60-day timeline.
  5. Whether the candidate will be represented by legal counsel for the secondary appeal, and if so, the legal counsel’s contact details.

The NEB will not consider the Secondary Appeal if information submitted is incomplete and/or if any of the listed items mentioned above are missing.

The secondary appeal is not a rehearing of the examination result. Its purpose is to determine whether the primary appeal was conducted fairly, impartially, and in accordance with NEB policy.

Grounds for Secondary Appeal

A secondary appeal may be considered only on the following grounds:

  • The primary appeal panel did not follow NEB policies or procedures.
  • There is evidence of bias, conflict of interest, or unfair process in the primary appeal.
  • New, relevant evidence has become available that could not reasonably have been provided during the primary appeal.

Such “Secondary Appeal” shall be heard by a panel of three licensed veterinarians appointed by the NEB, who are not current NEB members (the “Appeal Panel”), one of whom shall be designated Chair. After reviewing the written appeal, the Appeal Panel may dismiss/deny the secondary appeal without a hearing if a) it considers the matter to be frivolous or vexatious, b) the written appeal does not meet the criteria for an appeal, or c) the candidate has failed to comply with any of the timelines or requirements noted in the Appeal Policy.

Within 60 calendar days of the receipt of the candidate’s written Secondary Appeal, the Registrar (or NEB designate) will have the opportunity to submit a written reply (the “Reply”) to the candidate, disclosing to the candidate the materials the NEB intends to present to the Appeal Panel, including any additional evidence or responding submissions.

Hearing Date

The hearing is to be held via videoconference within 120 days after the Registrar of the NEB has submitted the Reply or after the time for such filing has expired.

The Appeal Panel shall conduct the hearing to review the entire appeal record, which shall include the decision of the NEB on the Primary Appeal, the Notice of Secondary Appeal and the Reply. At such a hearing, both the candidate and the NEB shall be permitted to appear and make representations. The candidate, the NEB staff/member(s), and the Appeal Panel may each be represented by counsel during this hearing.

The Hearing

The Appeal Panel has the right to make any procedural orders it deems appropriate. The members of the Appeal Panel may question the candidate/appellant. Once the hearing is underway, neither the candidate nor the NEB may present evidence that was not included in the Notice of Secondary Appeal or the Reply.

After considering the written documentation and hearing proceedings, the members of the Appeal Panel shall render a written decision, determined by a clear majority, as to whether the appeal should be granted or denied. The Appeal Panel shall document, in writing, their decision, reasons for their decision, and any recommendations, which will be conveyed to the NEB once available, and to the candidate within 60 days of the appeal hearing.

The decision of the members of the Appeal Panel shall be final and not subject to any further appeal or judicial review.

Costs of Appeals

No charge is levied by the NEB for considering a Primary Appeal.

A candidate requesting a Secondary Appeal will be required to deposit with the NEB the sum of $3,000 CAD along with the Notice of Secondary Appeal.

If the Appeal Panel grants the Secondary Appeal, the Secondary Appeal fee shall be reimbursed to the candidate. Personal costs incurred by the candidate are exempt from reimbursement.

If the Appeal Panel dismisses/denies the Secondary Appeal, the Appeal Panel may order the candidate to pay NEB’s costs of the Appeal (e.g., honoraria, administration, hearing logistics). Any excess deposit money remaining after payment in full of those costs will be refunded to the candidate; but if the costs of the Secondary Appeal total more than the deposit, the balance owing must be paid to the NEB. The appellant cannot proceed to the next examination in the NEB process until the balance has been rectified.

Payment of the costs of the Secondary Appeal are necessary given the substantial cost to the NEB of accommodating Appeal Hearings.

The NEB accepts no responsibility for any loss of income suffered by candidates as a result of being unsuccessful in the Examination or as a result of decisions altered by appeal.

Definitions

Procedural Irregularity – an irregularity in the conduct of the examination process.

Oral Hearing – a hearing before the Appeal Panel.

Notice of Secondary Appeal – a formal submission by the candidate notifying the NEB of their intention to initiate a secondary appeal

Appeal Panel – a panel consisting of three licensed veterinarians appointed by the NEB, who are not current NEB members, one of whom shall be designated Chair.

Reply – a written response from the Registrar (or NEB designate) to the candidate’s Secondary Appeal, outlining the materials the NEB will present to the Appeal Panel.