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Complaints & Appeals Policy
Effective Date: November 17, 2023
Policy ID: CPS-APPEAL-2023-11
1.0 Purpose and Guiding Principles
1.1 Purpose
The Council on Pharmacy Standards (CPS) is committed to providing a credentialing process that is fair, valid, and administered consistently and equitably for all individuals. The purpose of this policy is to establish a transparent and structured mechanism through which applicants, candidates, and certificants can formally address grievances related to testing procedures or appeal specific adverse decisions made by CPS. This policy ensures that all individuals have access to due process and that their concerns are reviewed in a thorough and impartial manner.
1.2 Guiding Principles
All complaints and appeals submitted to CPS are adjudicated in accordance with the following guiding principles:
Fairness: All individuals are afforded a reasonable and meaningful opportunity to present their case and have it reviewed without prejudice or bias.
Impartiality: Reviews and investigations are conducted by individuals who were not involved in the original decision-making process, ensuring an objective evaluation of the matter.
Timeliness: CPS is committed to processing and resolving all complaints and appeals in a timely manner, as outlined by the procedures within this policy.
Confidentiality: The privacy of all parties involved in a complaint or appeal is respected. All related documentation and communications are treated as confidential and shared only with those who have a legitimate need to know.
Thoroughness: All complaints and appeals are investigated comprehensively, with all relevant evidence and perspectives considered before a final determination is made.
1.3 Scope
This policy applies to adverse decisions and procedural issues related to the entire CPS certification lifecycle. This includes matters concerning eligibility, requests for accommodations, examination administration, examination results, recertification, and disciplinary actions.
This policy does not apply to:
General inquiries or feedback about CPS programs.
Challenges to the established eligibility criteria, policies, or recertification requirements themselves.
Challenges to the content, passing score, or psychometric validity of an examination. Exam content and passing scores are determined through the rigorous processes outlined in our Exam Methodology and are not subject to appeal by individual candidates.
2.0 Definitions
Adverse Decision: A formal, documented decision made by CPS that negatively affects an individual’s application, candidacy, or certification status.
Appellant: The applicant, candidate, or certificant who formally submits an appeal of an Adverse Decision.
Complaint: A formal written expression of dissatisfaction concerning aspects of the examination administration, such as testing conditions, equipment failure, or the conduct of a proctor. A complaint addresses procedural issues, not the outcome of an examination.
Appeal: A formal written request for a review of a specific Adverse Decision made by CPS.
Appeals Committee: An ad-hoc committee of impartial individuals appointed by CPS to conduct a final review of an appeal. The committee is composed of individuals who have no conflict of interest and were not involved in the original decision or its initial review.
3.0 Complaints Process
CPS distinguishes between complaints regarding the testing experience and appeals of adverse decisions.
3.1 Filing a Complaint
Individuals who experience a procedural irregularity or adverse environmental condition during their examination that they believe significantly impacted their performance must file a formal complaint.
Timing: The complaint must be submitted in writing via email within seven (7) calendar days of the examination date. Complaints received after this deadline will not be considered.
Submission: Complaints must be sent to testing@pharmacystandards.org with the subject line “Formal Complaint: [Candidate Name], [Candidate ID]”.
Content: The written complaint must include:
The candidate’s full name and CPS Candidate ID number.
The name of the examination.
The date and time of the examination.
A detailed and specific description of the issue(s) encountered.
A clear explanation of how the issue is believed to have negatively affected the candidate’s performance.
Any supporting documentation, such as screenshots or correspondence with the proctor, if available.
3.2 Complaint Review and Resolution
Upon receipt, a designated CPS staff member will investigate the complaint. This investigation may include reviewing the session recording, proctor logs, and any other relevant data. The focus of the review is to determine whether a significant procedural or technical error occurred that deviated from standard testing protocols.
Within fifteen (15) business days of receiving the complaint, CPS will issue a written response. Possible outcomes include:
Dismissal: If the investigation determines that no significant procedural error occurred, the complaint will be dismissed, and the examination score will stand as final.
Corrective Action: If a significant, verifiable error is found to have occurred, CPS may, at its sole discretion, offer a remedy, such as a voucher to retake the examination at no additional cost. The scoring of an examination will not be altered as a result of a complaint.
4.0 Appeals Process
The appeals process is the formal mechanism for requesting a review of a specific Adverse Decision. It is a multi-level process designed to ensure thorough and impartial review.
4.1 Grounds for Appeal
An individual may only appeal an Adverse Decision on one or more of the following grounds:
The decision was based on a significant error in the review of the individual’s materials or records.
CPS failed to follow its own published policies and procedures in a manner that had a material effect on the outcome.
The decision was based on factual information that was demonstrably incorrect.
The emergence of new, material information that was not previously available and could not have been discovered with reasonable diligence, which may have impacted the original decision.
4.2 Level I Appeal: Staff Review
This is the mandatory first step for all appeals.
Filing: An appellant must submit a written request for a Level I Appeal within thirty (30) calendar days of the date of the written notification of the Adverse Decision. The request must be sent to appeals@pharmacystandards.org.
Required Materials: The submission must include:
A completed Level I Appeal Request Form.
A non-refundable appeal processing fee of $150. This fee will be refunded only if the appeal results in the overturning of the original Adverse Decision.
A detailed written statement explaining the specific grounds for the appeal, referencing the permissible grounds listed in Section 4.1.
All supporting documentation and evidence the appellant wishes to have considered.
Review: The Level I Appeal will be reviewed by a senior CPS staff member who was not involved in making the original Adverse Decision. The review will be based solely on the written materials provided by the appellant and the records on which the original decision was based.
Decision: A written decision, including the rationale for the determination, will be provided to the appellant within thirty (30) business days of receiving the complete appeal request. This decision will either uphold, modify, or overturn the original Adverse Decision.
4.3 Level II Appeal: Final Committee Review
If the appellant is not satisfied with the outcome of the Level I Appeal, they may request a final review by the Appeals Committee.
Filing: A request for a Level II Appeal must be submitted in writing to appeals@pharmacystandards.org within fifteen (15) calendar days of the date of the Level I decision letter.
Grounds for Level II Appeal: A Level II Appeal can only be requested on the grounds that the Level I review process itself was flawed or failed to properly consider the evidence presented. It is not an opportunity to re-argue the original case.
The Appeals Committee: An ad-hoc Appeals Committee will be convened for each Level II appeal. The Committee will consist of at least three impartial individuals, typically including one psychometric expert, one certificant in good standing from the relevant specialty, and one public member. No member of the Committee will have been involved in the preceding decisions related to the case.
Review Process: The Appeals Committee will conduct a comprehensive review of all written records, including the original Adverse Decision, the appellant’s Level I appeal submission, the Level I decision, and the appellant’s request for a Level II review. The review is a “paper-only” review; no in-person or virtual hearings will be held.
Final Decision: The Appeals Committee will render a final, binding decision. This decision may be to uphold, modify, or overturn the Level I decision. The determination of the Appeals Committee represents the final step in the CPS appeals process, and no further recourse within CPS is available. A final written decision will be provided to the appellant within sixty (60) business days of the Level II appeal submission.
5.0 Confidentiality and Record Keeping
All materials, communications, and proceedings related to complaints and appeals are considered confidential. They will be shared only with individuals directly involved in the investigation and adjudication process. CPS will maintain a secure, confidential record of all complaints and appeals in accordance with its data retention policy.
