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Conduct of Appeals

Article

Ordinances 2015-16

Ordinance 12: Procedure for the conduct of Appeals in respect of academic and academic-related staff (in accordance with Statute 16.29)

12.1 An Appeal Panel appointed by the Council in accordance with Statute 16.28 shall be convened if a member of staff serves notice of appeal on the Registrar and Secretary within the period prescribed against:

either 

(a) dismissal or notice of dismissal on grounds of redundancy or good cause (including incapacity on medical grounds, except where dismissal has been recommended by a Board established under Statute 16.22.3) 

or 

(b) disciplinary action taken against him or her.

12.2 Except in the case of a member of the academic staff who is an Appointed Teacher of the University the person appointed to hear the appeal may sit alone.

12.3 If the person appointed to hear the appeal considers that justice and fairness will best be served by sitting with two other persons, the panel so formed shall be chaired by him or her.

12.4 For the purposes of this Ordinance, 'Panel' and 'Appeal Panel' shall mean the person appointed to hear the appeal or the panel referred to in clause 12.3 above.

12.5 The Appeal Panel shall be serviced by an officer of the College appointed by the Registrar and Secretary.

12.6 Parties to the hearing shall be given at least 28 days' notice of the date and time of the hearing; either side may apply to the person appointed to hear the Appeal for a postponement of the hearing if in their opinion this gives insufficient time for the preparation of the case and the person appointed may at his or her discretion decide on a later date for the hearing.

12.7 Copies of all papers to be submitted to the Appeal Panel shall be circulated to the appellant, the officer of the College nominated to present the College's case and members of the Appeal Panel at least five days before the hearing of the case.

12.8 The officer servicing the Panel shall ensure that the staff member concerned has been informed:

12.8.1 that he or she is entitled to be represented by another person, whether such person be legally qualified or not, at the hearing

12.8.2 that both the staff member concerned and any person representing him or her are entitled to be present at the hearing

12.8.3 that the staff member concerned and any person representing him or her may call witnesses and may question witnesses upon the evidence on which the case against him or her is based

12.8.4 of the procedure for the conduct of the hearing.

12.9 The case against the staff member concerned shall be presented on behalf of the College by the Registrar and Secretary or by an officer of the College nominated by the Registrar and Secretary.

12.10 Any additional documentation not previously circulated to all parties may only be introduced at the hearing by either side with the consent of all parties.

12.11 Procedure for the conduct of the hearing:

12.11.1 The Appeal Panel, having been duly summoned, take their places together with the staff member concerned and any person representing him or her, the officer presenting the College's case, and the officer servicing the Panel

12.11.2 The person appointed to hear the Appeal introduces him or herself and the members of the Appeal panel (if any), the College side representative introduces its representatives and the staff member introduces him or herself and his or her representatives; the Chair then explains the order of proceedings as set out below and invites any observations

12.11.3 The College representative informs the Appeal Panel of the circumstances which have led to the hearing, and introduces any document circulated in accordance with clause 12.7 above

12.11.4 The College representative calls any witnesses, who are in turn questioned by:

(a) the College representative

(b) the staff member or his or her representative 

(c) the members of the Appeal Panel

12.11.5 A further opportunity to question each witness before he or she leaves shall be allowed upon request to each of the three parties after each has had their first turn; the College representative must however be allowed to ask the final question of each witness if he or she wishes to do so

12.11.6 The staff member or his or her representative puts forward the case for the staff member and introduces any document circulated in accordance with clause 12.7 above

12.11.7 The staff member calls any witnesses, who are in turn questioned by:

(a) the staff member or his or her representative 

(b) the College representative 

(c) the members of the Appeal Panel

12.11.8 A further opportunity to question each witness before he or she leaves shall be allowed upon request to each of the three parties after each has had their first turn; the staff member or his or her representative must however be allowed to ask the final question of each witness if he or she wishes to do so

12.11.9 The Chair invites the College side to sum up the College's case

12.11.10 The Chair invites the staff member or his or her representative to sum up their case

12.11.11 Where the Appeal Panel consists of members in addition to the person appointed to hear the appeal, the Chair asks all except members of the Panel and the officer servicing the Panel to withdraw in order that the Panel may consider its decision.

12.12 The Chair may decide at any stage in the proceedings, upon application by either side, to adjourn the proceedings to a future date if in his or her opinion a sound case has been made for such adjournment; in this case the hearing shall be reconvened within one month of the original hearing and the parties given at least two weeks' notice of the date.

12.13 The person appointed to hear the appeal may allow or dismiss the appeal in whole or in part and may alternatively take action in accordance with Statute 16.29.3.

12.14 The person appointed shall inform the Warden, each party to the proceedings and the Vice-Chancellor if appropriate of his or her decision in accordance with Statute 16.30.