ECLAM Constitution & Bylaws
EUROPEAN COLLEGE OF LABORATORY ANIMAL MEDICINE
Last amended 25 September 2017
The European College of Laboratory Animal Medicine (ECLAM - the College) was initiated by a steering group of the European Society of Laboratory Animal Veterinarians (ESLAV) members, which resulted from a growing desire to harmonise postgraduate training and to provide certification for veterinarians active in laboratory animal medicine in Europe. The College operates under the auspices of the European Board of Veterinary Specialisation (EBVS).
Laboratory animal medicine is that speciality of veterinary medicine which deals with the diagnosis, treatment, and prevention of disease in animals used in biomedical research. Its major tasks are to:
· Prevent, diagnose, control and treat diseases of laboratory animals
· Prevent, alleviate, and minimize animal pain and distress
· Train scientific, animal care and ancillary staff
· Provide research support (e.g. animal research techniques), information (e.g. comparative and normative biology, nomenclature), and services (e.g. pre- and post-operative care, critical care, anaesthesia and analgesia, euthanasia)
· Develop and manage animal husbandry programmes (including genetic and microbiological standardization procedures)
· Prepare and review animal use protocols
· Design and operate laboratory animal facilities
· Control the environment (e.g. physical, social) of laboratory animals
· Provide consultation and advice on compliance with laws, regulations and standards
· Select and produce animals for research
· Be professionally involved in the design and conduct of biomedical research
· Contribute to the humane use of animals in biomedical research together with the search for alternatives
· Contribute to ethical discussions on the use and care of animals in research
· Help promote the welfare and quality of life of research animals.
The primary objectives of the College are to promote high standards for laboratory animal medicine by providing a structured framework to achieve certification of professional competence and by stressing the need for scientific inquiry and exchange via progressive continuing education programmes.
ARTICLE I — NAME
1.1 The name of the organisation shall be the European College of Laboratory Animal Medicine (ECLAM) hereafter referred to as the ‘College’.
ARTICLE II — INCORPORATION
2.1 The College is incorporated under French law as a non-profit educational association registered March 15, 2001 under the official name of the ‘European College of Laboratory Animal Medicine’ (ECLAM) (registration number 0691046974, CRPF [Centre de Recherche Pierre Fabre] in 81106 Castres, France). All documents relative to communications and records of ECLAM, whether paper or electronic, will be kept secure by the ECLAM Secretariat in compliance with the requirements of the ‘Commission Nationale de l'Informatique et Libertés’ of France.
2.2 The College shall be a part of the general scheme for veterinary specialization in the European Union, as has been adopted by the Advisory Committee for Veterinary Training (ACVT) of the European Community (EC) as a framework for the recognition and registration of veterinary specialists in Europe. This structure is formed by speciality groups, governed by the European Coordinating Committee for Veterinary Training (ECCVT) and the EBVS.
2.3 The period for which the College is established shall be unlimited.
ARTICLE III — OBJECTIVES
3.1 The primary objectives of the College shall be to further scientific progress in laboratory animal medicine in Europe and increase the competency of those who practise in this field by:
3.1.1 establishing standards for post-graduate education, training and experience as a prerequisite, and examination, for qualification as a Specialist in Laboratory Animal Medicine;
3.1.2 establishing routes through education, training and experience that provide the most time-efficient pathway to qualify for examination;
3.1.3 providing an alternative route for candidates unable or unwilling to enrol in formal standard training programmes;
3.1.4 ensuring that all training and/or experience requirements and all prerequisites for examination eligibility are relevant to the assessment of the candidates’ qualification;
3.1.5 examining and authenticating veterinarians as specialists in laboratory animal medicine; and
3.1.6 developing and supervising continuing education programmes in laboratory animal medicine.
ARTICLE IV — MEMBERSHIP
4.1 The types of membership of the College shall be Founding de facto Diplomate, Ordinary de facto Diplomate, Diplomate, Non-practising Diplomate, Retired Diplomate, Honorary Member and Associate Member.
4.2 Qualifications for membership: In accordance with the policies of the EBVS, only veterinarians licensed or eligible to be licensed to practise veterinary medicine in a European country, unless exempted from this obligation by the Council of the College, may become Diplomates of European Veterinary Speciality Colleges. Veterinarians elected to membership of the College shall be designated a Diplomate of the European College of Laboratory Animal Medicine and shall be authorised to use the designation of Diplomate of the European College of Laboratory Animal Medicine (Dip. ECLAM or Dipl. ECLAM).
4.3 Veterinarians should not in any way imply they are European Veterinary Specialists unless they are certified by the EBVS. Certified College members may use the title ‘European Veterinary Specialist in Laboratory Animal Medicine’. For further definition of membership please refer to the Bylaws of the College
4.4 The use of the European Veterinary Specialist Trade Mark in advertising and/or Directory listings is permitted to Diplomates who are registered as a European Veterinary Specialist in Laboratory Animal Medicine by the EBVS, only after reading and acknowledging by signature the content of the Regulations for the EBVS European Veterinary Specialist Logo.
ARTICLE V — GENERAL REQUIREMENTS FOR BOARD EXAMINATION
5.1 The following prerequisites must be met before any candidate undertakes any Board examination in laboratory animal medicine:
A. have a satisfactory moral and ethical standing in relation to the practice of veterinary medicine; and
B. be licensed or eligible to be licensed to practise veterinary medicine in a European country, unless specifically exempted from this obligation by the Council; and
C. have been the author of two original articles (of which one must be as first author) which demonstrate the application of scientific methods on topics that are relevant to laboratory animal medicine and science. The articles must have been published or accepted for publication in an international peer-reviewed journal at the time of application for eligibility to undertake Board examination; and
D. have graduated from an EAEVE-approved establishment unless relieved of this obligation by the ECLAM Credentials Committee; and
E. have been active in laboratory animal medicine for at least twenty-four hours a week prior to undertaking the board examination; and
F. have completed a first training period of at least one year in a rotating internship or equivalent as defined by the College; and
G. have completed a second training period in an approved standard or alternate residency programme of at least 3 and no more than 6 years in total. Under exceptional circumstances, the period can be prolonged if approved by the Credentials or Training Committee. Residents must spend at least 60 per cent of their time practising the speciality, based on a normal working week of 40 hours.
H. A standard or an alternate residency must be completed under direct supervision of an ECLAM Diplomate or under co-supervision as defined in the EBVS ‘Policy on the use of non-EBVS recognised Diplomates as residency programme co-supervisors’.
I. Apart from candidates who have successfully completed either a standard or an alternate residency programme, those who are internationally recognised in the field of veterinary laboratory animal medicine may also be allowed to sit the examination with assessment by other means at the discretion of the Credentials Committee and the Executive Committee.
5.2 Exam applicants must submit their credentials for apply for eligibility to undertake board examination within 2 years of completion of the second training period, and must pass all parts of the examination within 8 years of completion of the second training period.
ARTICLE VI — OFFICERS & ORDINARY COUNCIL MEMBERS
6.1 The College is governed by a Council composed of the following Officers: President, Vice-President, Immediate Past-President, Secretary and Treasurer. In addition, there shall be up to three ordinary Council Members and one member responsible for EBVS liaison when that role is not fulfilled by another member of the Council. Only Diplomates in good standing, with no dues in arrears, shall be eligible to vote or hold office.
6.2 Ordinary Council members shall be elected by a majority of College members using secret written or electronic ballots and will serve a term of two years, renewable once.
6.3 The President, Vice-President and Immediate Past-President shall be members of Council elected by a majority of Council members and shall each serve for two years, normally not renewable.
6.4 The Secretary and the Treasurer shall each serve a term of three years, renewable once. During the second year of the term of office of the Secretary and Treasurer, a Secretary-Elect and a Treasurer-Elect shall be elected by a majority of members using secret written or electronic ballots, and shall serve a term of one year. The Secretary-Elect shall normally become Secretary at the end of that year. The Treasurer-Elect shall normally become Treasurer at the end of that year.
6.3 Duties of the Council and of its members shall be detailed in the Bylaws.
6.4 All Council members, upon election, shall be required to review and sign a Confidentiality agreement. The Secretary shall maintain a record of these signed documents.
6.5 Council Meetings: The President shall be the Chairperson of the Council meetings and in his/her absence the Vice President or Immediate Past President (in that order) shall deputise. The Council shall meet at least once per year at a meeting called by the President, or at the request of at least three Council members. Council may invite ad hoc members to join Council meetings for specific business. Ad hoc members shall not be voting members of Council. During Council meetings the Council may invite observers whether members of the College or not. Minutes of Council meetings shall be written by the Secretary. These documents shall be signed by the President and maintained as a record by the Secretary.
ARTICLE VII — AMENDMENTS
7.1 Any proposed amendment to this Constitution or to the Bylaws, signed by at least ten per cent (10%) of members in good standing, shall be submitted to the Council for its consideration. Any proposed amendment may not contain provisions which violate this Constitution or the Policies and Procedures of the EBVS. The proposed amendment, with the recommendation of the Council, must be announced to the membership in writing at least thirty (30) days in advance of any regular or special general meeting of the College at which meeting the proposed amendment may be discussed. An affirmative vote of at least two-thirds (2/3) of members present shall be required for the adoption of any amendment. Amendments may be considered by electronic ballot provided no member expresses a substantial objection to the proposed amendment, in which case the amendment will be discussed at the next general meeting of the College.
ARTICLE VIII — TERMINATION OF MEMBERSHIP
8.1 Membership in the College shall be terminated due to voluntary resignation, loss of life, non-payment of membership fee, failure in re-evaluation or for other serious reasons as determined by the Council after due consideration of any explanation provided by the member.
ARTICLE IX — RESOURCES
9.1 The resources of the College are composed of:
· Donations from individuals, companies or international organisations;
· Income from educational meetings organised by the College;
· Investment income;
· Annual membership or other fees.
ARTICLE X — GENERAL MEETINGS
10.1 The General Meeting shall be open to all Members of the College. An Annual General Meeting (AGM) of the College will be held at least once in each calendar year, usually during the Annual Meeting of the ESLAV or at some other appropriate meeting agreed upon by the Council. Meeting attendance by College members can be in person or by virtual means. Meetings of the College shall be called by the President, subsequent to the approval of the Council. A special General Meeting of the College shall be called at any time by the Council or at the written request to the Secretary of not less than 10% of the Members. The request shall contain an explanation for such a meeting. This meeting must be held within three (3) months of receipt of the request. Should the President fail to set a date and place for an ordinary or for an extraordinary general meeting, the Council or the membership may, by a majority action, set a date and place for such meeting. The quorum required for holding a vote at a general meeting of the College is twenty-five per cent (25%) of Members who are eligible to vote.
ARTICLE XI — BYLAWS
11.1 Bylaws are drawn up by the Council, approved at the General Meeting and applicable to all members for the ordinary functioning of the College.
ARTICLE XII — DISSOLUTION
12.1 In case of dissolution decided by at least two thirds of the members present or represented at a General Meeting, one or several liquidators will be appointed and the assets, if present, will be assigned according to article 9 of the (French) law of the 1st July 1901 and the decree of the 16th August 1901.
The Constitution was originally approved by EBVS on 19 September 2000. It was amended in 2005, 2007, 2008, 2009, 2010, 2012, 2015 and 2016.
The present Constitution was approved at the Annual General Meeting of ECLAM held on 15 June 2016 in Brussels, Belgium.
The present Constitution was approved at the Annual General Meeting of ECLAM held on 25 September 2017 in Edinburgh, Scotland, UK.
Rony Kalman, Dipl. ECLAM, President
EUROPEAN COLLEGE OF LABORATORY ANIMAL MEDICINE
The primary objectives of the European College of Laboratory Animal Medicine (the College) are to promote high standards for laboratory animal medicine by providing a structured framework to achieve certification of professional competence and by stressing the need for scientific inquiry and exchange via progressive continuing education programmes. The College operates under the auspices of the European Board of Veterinary Specialisation (EBVS) and these Bylaws comply with the Policies and Procedures of EBVS.
ARTICLE I — GENERAL MEETINGS AND VOTING RIGHTS
1.1 The College shall be composed of all its Members.
1.2 The Annual General Meeting (AGM) is the senior legislative body of the College and has the following duties:
· to determine and approve amendments to the Constitution and Bylaws;
· to elect the Secretary-Elect, the Treasurer-Elect and Council members. Elections shall be by secret written ballot or electronic ballot, disclosed at the AGM. Nominations in writing must be received by the Secretary at least one month prior to the election;
· to advise on action on the auditors' report;
· to formally approve the business conducted by the Council during the preceding year;
· to advise on actions on business, presented by the Council or as required by the Constitution;
· to approve proposed membership dues for the forthcoming year;
· to acknowledge non-registered Diplomates (retired or non-practising).
During the AGM, the successful results of each examination will be announced.
1.3 At a general meeting of the College, the President shall decide if a vote is to be taken orally, electronically, or on paper. An electronic ballot will only be valid if performed in a secure manner approved by Council. Votes can be exercised in favour or against a motion. Members abstaining are considered as having no opinion and are counted as non-voting. For all decisions, except amendments to the Constitution and Bylaws, a simple majority vote of the voting members present is sufficient. The Secretary shall record the minutes of every general meeting. These records must be signed by the Chairman of the general meeting and the Secretary.
1.4 All Members (other than Honorary and Associate Members) must be active in the affairs of the College, particularly by regular attendance at the AGMs. A Diplomate who has not attended an AGM for three consecutive years without previous dispensation from the College may be considered a non-practising Diplomate.
ARTICLE II — MEMBERSHIP
2.1 The types of membership of the College shall be:
· De facto Diplomates
· Founding Diplomates
· De facto Diplomates
· Non-practising Diplomates
· Retired Diplomates
· Honorary Members
· Associate Members
2.2 De facto Diplomates are specialists who were selected according to the following criteria in order to establish the College and to enable it to function during the initial period. There were two types of Diplomates who were not required to submit to examination. Both types of membership are now closed.
2.2.1 Founding Diplomates
These Diplomates are distinguished and experienced members in the field. In order to qualify, they had to:
· be a member of the organising committee in creating the College;
· have achieved distinction in the field and have qualifications far exceeding those proposed as necessary for candidates to take the certifying examination of the College;
· have at least ten years’ experience in the speciality;
· have contributed significantly to the field by research, publication and lectures;
· be recognised by their peers as leaders in their field and be uncontroversial to the majority of members;
· be significantly active in Europe in the speciality of Laboratory Animal Medicine.
2.2.2 De facto Diplomates
These are de facto Diplomates appointed by the Founding Diplomates. The de-facto recognition was possible upon application no later than 24 months after provisional recognition of ECLAM by the EBVS. To be appointed, a candidate had to:
· have at least seven years of experience in the speciality;
· spend at least 60 per cent of his/her time in the speciality;
· have published at least three original articles in refereed journals as first author and at least three additional articles as co-author excluding non-peer reviewed review articles and proceedings abstracts;
· be significantly active in Europe in the speciality of Laboratory Animal Medicine.
A Diplomate is a veterinarian who satisfies the ECLAM requirements as to training, experience and competence in laboratory animal medicine (as described in the Constitution).
2.4 Non-practising Diplomates
A non-practising Diplomate is one who:
· has not practised the specialty for two continuous years or the equivalent of two years during the previous five years
· or has not fulfilled the requirements of the re-evaluation procedure
· or has not attended an AGM for three consecutive years without previous dispensation from the College
A non-practising Diplomate is allowed to use the title ‘Dipl. ECLAM (non-practising)’ and pay a reduced annual membership fee. He/she may not use the title ‘European Veterinary Specialist’.
A non-practising Diplomate seeking to revert to active Diplomate status must satisfy the Credentials Committee of his/her eligibility and will be required to pay a fee for re-accreditation.
Diplomates wishing to transfer voluntarily to the list of non-practising Diplomates are required to send notice in writing to the Secretariat before 31 March of the first year of non-practising status. The transfer of status will be published at the subsequent AGM.
2.5 Retired Diplomates
A Diplomate who is permanently and irrevocably of non-practising status may apply to be elected a Retired Diplomate by Council. A Retired Diplomate maintains all the privileges of a Diplomate except the right to hold office. He/she may use the designation ‘Dipl. ECLAM (retired)’. Retired Diplomates pay a reduced annual membership fee.
2.6 Honorary Members
A person who has contributed in an extraordinary manner to the advancement of laboratory animal medicine may be elected an Honorary Member. Honorary Members shall have all the rights and privileges of Diplomates except the right to vote or hold office, and shall not be required to pay fees. The number of Honorary Members shall not be more than 5% of the total number of the College Diplomates. Nomination for Honorary Member status necessitates proposal by two Diplomates in good standing. The proposal should be written and forwarded to the Secretary. It must contain such information relating to the activities of the nominee in the field of laboratory animal medicine as required by the Council. Election of an Honorary Member shall be accomplished by a unanimous vote of the Council. Honorary Member status does not confer the right to act as a specialist in laboratory animal medicine.
2.7 Associate Members
The College may confer Associate Member status on persons who have contributed significantly to research in veterinary medicine. Admission criteria for Associate Members are defined by the Council of the College. These criteria must ascertain that only scientists of international repute who are active in a field relevant to laboratory animal medicine are admitted as Associate Members. Moreover, Associate Members are:
· not conferred any diploma and are not entitled to use the designation of Diplomate;
· encouraged to participate in the training of residents together with Diplomates of the College;
· not entitled to act as resident supervisors without a Diplomate responsible for the training programme;
· not allowed to hold office within the College or to vote at the general meetings. They can be co-opted to College committees as advisors;
· encouraged to participate in scientific meetings and workshops organised by the College; and
· not allowed to advertise their title.
ARTICLE III — REGISTRATION AND RE-EVALUATION
3.1 Applications to sit the examination must be made to the Secretary in the prescribed format and must be accompanied by an examination fee fixed by the Council. Letters of reference from supervisors and others should be sent directly to the Secretary. Information on how to proceed is available on the ECLAM website (http://www.eslav-eclam.org/). Applications will be accepted throughout the year. Applications received by November 1 will be considered to sit the examination the following year.
3.2 Before sitting an examination, the exam applicant’s credentials will be evaluated by the Credentials Committee. Eligible exam applicants (i.e. exam candidates) will be informed of their eligibility and of the examination fee by March 31. Exam candidates who have paid the examination fee will be informed of the date and place of the next examination by June 30. Exam candidates will be examined by an Examinations Committee appointed by the Council and examinations will be given at the time and place fixed by the Examinations Committee Chairperson in accordance with the policy established by the Council.
3.3 Each Diplomate is required to keep records of his/her professional and scientific activities. All Diplomates are expected to be active in laboratory animal medicine and maintain their certification by continuing education. Re-evaluation will be performed in a form determined by Council and approved by EBVS. This re-evaluation is required every five years according to the Policies and Procedures of EBVS. The standard procedure is performed by the Credentials Committee according to a one hundred (100) credit point system approved by EBVS. No credit points can be granted for education or training in non-scientific or non-evidence-based medicine. In addition, Diplomates should ask two senior colleagues or authorities to send to the College a letter of reference certifying that the Diplomate in question has been active in practising his/her speciality for the last 5 years at the specialist level (see EBVS Policies & Procedures 2015 Appendix 8).
After successful re-evaluation, Diplomates will be registered in the EBVS Directory for a further five years.
If a Diplomate does not meet the required number of points, he/she can be given one extra year in which to achieve this (see 3.3.1.ii below).
3.3.1 Re-accreditation of non-practising Diplomates
If a Diplomate has not practised the specialty for two continuous years or the equivalent of two years during the previous five years due to illness, pregnancy or maternity/paternity leave, or job/position change, the ‘non-practising’ period can be extended up to five years following receipt of a certificate or signed attestation confirming that any of the cases listed above apply.
Upon resuming practice of the specialty he/she is required to re-apply to the Secretariat for re-accreditation in order to trigger the start of a five-year re-evaluation period. He/she will be required to pay a fee for starting the re-evaluation process.
In the case of severe illness, the period can be extended for one further period of five years. In all other cases the Diplomate concerned will forgo the right to return to active Diplomate status.
A Diplomate of permanent and irrevocable non-practising status may apply to Council to be transferred to the list of retired Diplomates. A retired Diplomate maintains all the privileges of a Diplomate except the right to hold office. He/she may use the title ‘Dipl. ECLAM (retired)’. Retired Diplomates pay a reduced annual membership fee.
In the event of re-accreditation not being granted to a Diplomate in any five-year re-evaluation period, the Diplomate can be given one year extra in which to achieve at least the number of missing points. If they succeed, they will then be re-evaluated four years from the end of the extra year. In the event of re-accreditation not being granted at the end of this subsequent year, the Secretariat notifies the Diplomate concerned that he/she has been transferred to the list of non-practising Diplomates and may no longer use the title ‘Dipl. ECLAM’ or the title ‘European Veterinary Specialist’. He/she may use the title ‘Dipl. ECLAM (non-practising)’.
The Diplomate is furthermore advised on measures which may be pursued to regain active Diplomate status. A copy of this letter is sent at the same time to the EBVS liaison person on ECLAM Council for transmission to EBVS.
The Diplomate concerned is required to re-apply to the Secretariat for re-accreditation in order to trigger the start of a five-year re-evaluation period. He/she will be required to pay a fee for re-starting the re-evaluation process.
If a Diplomate has not attended an AGM of the College for three consecutive years without previous dispensation from the College, a ‘non-practising’ period will be initiated. He/she is required to re-apply in writing by registered mail to the Secretariat for re-accreditation in order to trigger the start of a five-year re-evaluation period. He/she will be required to pay a fee for starting the re-evaluation process.
3.4 Voluntary cessation of registration to become a non-practising Diplomate, or voluntary permanent cessation of registration to become a retired Diplomate, requires notice in writing to be received by the Secretary before March 31 of the first year of cessation and will be published at the subsequent AGM.
ARTICLE IV — MEMBERSHIP FEES
4.1 The College is a non-profit-making organisation. The financial year begins on the first of January and ends on the thirty-first of December of each year. Membership fees shall be due on January 1 and payable by 28 February of each year, and shall be remitted to the Treasurer. Other fees connected with examinations, certification and re-evaluation shall be due upon demand.
A Diplomate who has not paid his/her annual membership fee by 28 February shall be sent a first reminder in March requesting immediate payment and mentioning a 20% additional charge due on all not received within 30 days.
On 1 May a second reminder shall be sent requesting immediate. Reference shall be made to the ECLAM Bylaws and the reminder shall include a revised invoice containing an additional 20% penalty charge over and above the annual fee.
If payment has still not been received by 31 May of the same year, a final reminder shall be sent by registered post to the Diplomate’s address (as recorded in the College records). Reference shall be made again to the ECLAM Bylaws and a 2nd revised invoice shall be attached including a further penalty charge of 20 EUR to cover administrative costs.
If payment has not been received by 30 June of the same year in which it is due, the Diplomate in question shall be transferred to the list of non-practising Diplomates and may only use the title ‘Dipl. ECLAM (non-practising)’. Furthermore, he/she may no longer use the title ‘Specialist’.
A non-practising Diplomate seeking to revert to full Diplomate status must satisfy the Credentials Committee of his/her eligibility and will be required to pay all outstanding membership fees in addition to a fee for re-accreditation by the Credentials Committee.
4.2 Fees shall be determined as follows:
4.2.1 De facto Diplomates, Diplomates, non-practising Diplomates and Retired Diplomates: Annual membership fees (in euros) for the following year shall be recommended by the Council and approved by a majority of the membership present at a general meeting of the College, or by voting electronically, or by mail.
4.2.2 Honorary members and Associate Members will not be required to pay membership fees.
4.2.3 Fees connected with examinations, certification, re-accreditation of non-practising and expelled Diplomates, and re-evaluation of Diplomates shall be determined by the Council and information shall be available from the Secretary upon request.
ARTICLE V — COMPLAINTS AND THE APPEALS PROCEDURE
5.1 Appeals Committee
The College’s Procedures will provide for the appointment of an Appeals Committee.
The Appeals Committee shall be made up of a minimum of three Diplomates of the College who shall not be serving as members of the Executive Committee of the College or members of the relevant committee whose decision is being questioned, who shall have had no prior involvement with the case, and who have no potential conflict of interest with the Appellant or the Committee whose decision is being questioned.
5.2 Communication of the right of Appeal
In the event of an adverse decision, the College shall notify the affected party (or parties) of the procedure for appealing against the adverse decision. This notification must be included with the communication that gives notice of the adverse decision itself. The Appeals Procedures must specify an address and Officer of the College to which an Appeal should be sent in the first place.
5.3 Grounds of Appeal: the College must provide for Appeals to be made on the following grounds:
1. That the College failed correctly to apply its own or EBVS’s published rules, procedures or criteria relevant to the decision in question.
2. That the College’s published rules, procedures or criteria were not compliant with the Policies and Procedures of the EBVS.
3. That the College imposed a sanction that was disproportionate to the gravity of the adverse decision against the Appellant.
5.4 Commencing an Appeal Process
1. The College must require an Appeal to be made in writing, including a statement of the grounds of the Appeal, together with any supporting reasons and documents.
2. The College must allow Appeals to be made within 90 days after the postmarked date of the letter communicating the relevant adverse decision (or if sent by email the date on which the email was sent). In case a candidate wishes to be admitted to the earliest examination, an appeal against a decision of denying acceptance of the credentials should be submitted after a minimum of one week and a maximum of three weeks following the official announcement of the decision in writing (letter or email).
Submission of an appeal to the College must be accompanied by a deposit of an amount previously decided by the College and published on the College web site to ensure that the expenses of the Appeal will be covered. If the Appellant does not pay his/her deposit within four weeks of receiving an invoice, then this will be deemed an admission of liability. The deposit is re-paid in full, in case the appeal is accepted. In case of the appeal’s rejection, all the costs relating to the appeal shall be made by the appellant. Any remaining deposit will be re-paid to the appellant together with an itemization of the costs retained.
3. The College must acknowledge receipt of an Appeal within 10 working days.
(i) Within 20 working days of its receipt by the College the Appeal must be considered by a nominated Executive Officer of the College, who shall have had no prior involvement with the case, and who has no potential conflict of interest with the Appellant or the Committee whose decision is being questioned. This Officer will decide whether a proper Ground for Appeal has been identified.
(ii) If a proper Ground for Appeal has been identified, the College will convene an Appeals Committee to consider the Appeal.
4. Within 15 working days of step 3(i), the College must inform the Appellant whether or not the Notice of Appeal has been accepted as raising an arguable Ground of Appeal, and, if so, of the proposed membership of the Appeals Committee that will consider the Appeal.
5. The College must:
(i) provide a reasonable opportunity and procedure for the Appellant to raise concerns with or object to the membership of the Appeals Committee, and
(ii) provide a reasonable procedure by which any such concerns or objections are considered and responded to.
6. In any case where an Appeal is to be conducted, the procedure for convening an Appeals Committee to consider the Appeal must be completed no later than 30 days after the date the College has informed the Appellant of the proposed membership of the Appeals Committee, under paragraph 4 above.
7. Within 5 working days of the appointment of the Appeals Committee, all the papers relating to the dispute shall be forwarded by the Officer of the College to whom the Appeal was sent to the members of the Appeals Committee.
8. Where a College makes a decision that no proper Ground of Appeal has been identified by the Notice of Appeal, the College may inform the Appellant that either:
(i) It will take no further action (and explain the justification for this), or
(ii) It will consider the Notice instead as a request for an informal review of an adverse decision by the College Executive Committee on non-appealable grounds (e.g. extenuating circumstances of personal difficulty etc.).
5.5 Conduct of an Appeal Process
1. A College must within its Appeals Procedures provide a process by which the Appeals Committee will conduct the Appeal. A College must require all Appeals to be conducted in all due confidence.
2. The Appeals Committee must be able to request information relevant to its consideration of the Appeal from any relevant party.
3. The Appeals Committee must be required to consider carefully the need or not for an oral hearing. Where an Appeals Committee decides not to hold an oral hearing in an Appeal against an adverse decision that arises from an allegation of impropriety against a candidate (or in other matters of similar gravity), reasons for that decision must be given. Where an oral hearing is held, a timetable must be devised which allows both parties reasonable opportunity to appear.
4. An oral hearing must be attended by at least three members of the Appeals Committee. Neither party may be represented by legal counsel, although the provisions of the law in the country where the College is registered must be taken into consideration. Oral hearings will be conducted in English. The Appellant may be accompanied by an individual (‘representative’), who may assist them to present the appeal. The ‘representative’ will not be allowed to participate in answering specific questions but, at the discretion of the Chairperson, may be allowed to provide necessary language translations and may, at the end, be allowed to make a statement on behalf of the Appellant.
5. A transcript or detailed minutes of the meeting will be kept. An electronic recording may be made with the prior consent of all parties. The minutes and, if it is made, the electronic recording, shall be made available to the meeting’s participants on request.
6. The Appeals Committee must have the discretion to reject or uphold the appeal according to its independent view of the merits of the Appeal. Where the appeal is upheld, in whole or in part, the Appeals Committee may modify or reverse the previous decision or adjust the sanction.
7. The decision of the Appeals Committee will be reached by a majority vote of the members of the Committee, the Chairperson to have the casting vote if necessary. In communicating the decision of the Appeals Committee, the Chair will give reasons for the decision.
8. The Appeals Committee must deliver its decision on the Appeal to a nominated Executive Officer of the College within 90 days of the date of receiving all the papers relating to the dispute under ‘IV.7’ above. The Executive Committee of the College will check that the Appeals Committee has followed the procedures and, if these have been followed correctly, accept their recommendation. The Executive Committee of the College shall communicate the decision, via electronic means and in addition, if there is no satisfactory confirmation of receipt, via registered post, to the Appellant, within 30 days of receipt of the Appeal decision.
ARTICLE VI — DUTIES OF OFFICERS & UNSCHEDULED COUNCIL VACANCIES
6.1 Duties of the President, Vice-President and Immediate Past-President.
6.1.1 The President shall preside over all meetings of the College and meetings of the Council, shall be ex officio a member of all committees and shall perform the usual duties of such office including the appointment of auditors, who may be members of the College but must be independent of the Council.
6.1.2 The Vice-President shall be the President-Elect, shall be ex officio a member of all committees, shall preside at a Council meeting in the absence of the President, and shall succeed to the office of the President should that office be vacated.
6.1.3 The Immediate Past-President shall advise the President and Vice-President and shall carry out such duties as required by Council.
6.2 Duties of the Secretary. The Secretary shall serve as Executive Officer of the College. He/she shall attend to the correspondence of the College, keep and annually update a list of Diplomates, both practising, retired and non-practising, keep minutes of all meetings of the College in records which shall be the property of the College and shall perform the usual duties of a secretary and such other duties as assigned by the Council. The Secretary shall forward the Annual Report of the College to the person responsible for EBVS liaison before January 5 of the following year in order that the person responsible for EBVS liaison may forward the report promptly to EBVS.
6.3 Duties of the Treasurer. The Treasurer shall advise the College on all financial matters and shall conduct the business affairs of the College, collect dues and fees, draw vouchers, pay bills and expenses, arrange for the safekeeping of College funds, keep records of all transactions and submit a yearly statement of financial affairs to the Council and AGM. He/she shall keep full and accurate books of account, containing a record of all monies received and expended, which books shall be the property of the College and open to the inspection of the authorised officials at all reasonable times and places. The audited accounts of the last financial year and the budget for the current financial year shall be submitted annually by the Treasurer to the AGM for approval.
6.4 Duties of the Secretary-Elect and Treasurer-Elect. The Secretary-Elect shall perform the functions of the Secretary in the absence of the Secretary and shall succeed to that office when it is vacated. The Treasurer-Elect shall perform the functions of the Treasurer in the absence of the Treasurer and shall succeed to that office when it is vacated.
6.5 Unscheduled Vacancies. Unscheduled vacancies of Officers shall be filled from within the Council membership and be announced at the subsequent General Meeting. Unscheduled vacancies for ordinary Council members shall be filled by election of the unelected candidate who received the highest number of votes at the previous election of Council members. Any member elected to fill an unscheduled vacancy shall hold the office until expiration of the term in which the unscheduled vacancy occurred. He/she shall then be eligible for election for one further term as a Council member.
The President, Vice President, Secretary and Treasurer are authorised to sign on behalf of ECLAM in all matters except financial transactions.
The President and Treasurer are individually entitled (i) to open or close a bank account on behalf of or in the name of ECLAM and (ii) to sign all reasonable financial transactions on behalf of ECLAM.
6.7 Administrative Assistant
The Administrative Assistant is appointed by the President. He or she is self-employed and supports the College on a part-time basis. Financial compensation is paid by the College for the hours worked, up to a maximum agreed by Council.
The Administrative Assistant is primarily responsible for Secretariat tasks related to administrative matters delegated by the President, Treasurer or Secretary.
The Administrative Assistant has the right to speak on administrative matters related to Secretariat activities at Council meetings. He or she has no voting rights.
ARTICLE VII — DUTIES OF THE COUNCIL
7.1 The Council shall have the duties and powers ordinarily delegated to the governing body of the corporation. These shall include:
7.1.1 Organise and operate a certifying agency for Diplomates of the College as provided in the Constitution. The Council shall judge compliance of candidates with the general requirements of the Constitution, appoint an Examination Committee to operate under its supervision, and shall certify candidates who qualify. The Council shall make available to candidates and the interested public a detailed account of the experience and training prerequisites to all College examinations.
7.1.2 Create and appoint members of all Council Committees, supervise their activities, and receive their reports.
7.1.3 Report to the College annually its work and activities, including a full financial statement, and make such interim reports as are necessary and advisable.
7.1.4 Exercise its constitutional authority in promoting and attaining the objectives of the College especially those pertaining to professional, institutional, and public relations.
7.1.5 Hold a general meeting of the College at least once in each calendar year.
7.1.6 Ensure all the results of each examination are announced in a timely manner.
7.2 A quorum of the Council shall consist of a simple majority of that Council.
7.3 The Council may hold an electronic ballot of the membership at any time outside general meetings. The same rules apply to electronic ballots as to voting during general meetings.
ARTICLE VIII — DUTIES OF THE COMMITTEES
8.1 Credentials Committee:
The Credentials Committee shall be composed of members appointed by the Council for a term of three years. The senior member of the Committee in terms of service shall normally serve as Chairperson unless the Council decides otherwise. At least one member of the Committee shall also be a member of Council and act as the liaison person between the Committee and Council. The duties of the Credentials Committee will be as follows and will be in accordance with EBVS Policies and Procedures:
8.1.1 to establish guidelines to assist applicants applying to sit the Diploma examination;
8.1.2 to review proposals for alternative training programmes with input from the Training Committee;
8.1.3 to receive, review, and approve the credentials of those applying to sit the examination and those non-practising or expelled Diplomates seeking re-accreditation;
8.1.4 to forward credentials of approved applicants to the Examinations Committee;
8.1.5 to re-assess the status of Diplomates on a five-year cycle according to the rules for re-evaluation.
8.2 Examinations Committee:
The Examinations Committee shall consist of members appointed by the Council for a term of three years. The senior member of the Committee in terms of service shall normally serve as Chairperson unless the Council decides otherwise. At least one member of the Committee shall also be a member of Council and act as the liaison person between the Committee and Council. The Examinations Committee shall be responsible for the preparation and administration of College certifying examinations in accordance with EBVS Policies and Procedures and may propose to the Council the appointment of examiners, who may or may not be members of the Examinations Committee, to conduct the examination. Judgment will be incorporated into examinations-assessing not just what the candidates know but what they would do with that knowledge. Results of examinations shall be forwarded by the Chairperson of the Examinations Committee to the President and Secretary.
8.3 Nominating Committee:
The Nominating Committee shall consist of three members appointed by the Council who are not members of the Council. The senior member of the Committee in terms of service shall normally serve as Chairperson unless the Council decides otherwise. Nominations for all Council vacancies may be made either by the Nominating Committee or to the Nominating Committee by any member in good standing. Nominations shall be made in writing and shall include a brief statement of qualifications of the nominee. Nominations shall be invited from the membership for submission in writing at least one month prior to the election. The nominee must also signify in writing agreement to the nomination. The Secretariat shall circulate to the membership a listing of all nominees together with a brief election statement from each nominee (if submitted) and shall supervise the secret ballot. In the event of a tie between two or more nominees for a position, the nominees receiving equal votes shall be placed on a second secret ballot.
8.4 Training Committee:
The Training Committee shall be composed of members appointed by the Council for a term of three years. The senior member of the Committee in terms of service shall serve as Chairperson unless the Council decides otherwise. At least one member of the Committee shall also be a member of Council and act as the liaison person between the Committee and Council. The Training Committee shall perform their responsibilities in accordance with EBVS Policies and Procedures.
The duties of the Training Committee shall be:
8.4.1 to set criteria for the residency programmes;
8.4.2 to approve the programmes;
8.4.3 to monitor progress of programmes and residents through the receipt of regular required reports, including an annual report from each approved programme outlining any significant changes, and an annual report on the progress of each resident in each programme (both due by July 1);
8.4.4 to re-approve training programmes at least every five years;
8.5.5 to maintain a list of approved residency programmes, supervisors and current residents;
8.5.6 to advise the Credentials Committee on proposals for alternative training programmes.
The Bylaws were approved at the Annual General Meeting of ECLAM on 15 June 2016.
The present Bylaws were approved at the Annual General Meeting of ECLAM on 25 September 2017 in Edinburgh, Scotland, United Kingdom.
Rony Kalman Dipl. ECLAM, President