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Conduct of Disciplinary Tribunals

Article

Ordinances 2015-16

Ordinance 11: Procedure for the conduct of Disciplinary Tribunals in respect of academic and academic-related staff (in accordance with Statute 16.17)

11.1 A Disciplinary Tribunal appointed by the Council in accordance with Statute 16.15 shall be convened in the following circumstances: 

either

(a) if there has been no satisfactory improvement following a written warning given under Stage 2 of the procedure set out in Statute 16.13 

or

(b) if the Warden so decides in respect of a complaint referred to him or her by the Registrar and Secretary in accordance with Statute 16.14.

11.2 The Warden shall direct the Registrar and Secretary to prefer a charges or charges to be considered by a Tribunal to be appointed in accordance with Statute 16.14.

11.3 The Registrar and Secretary or if he or she is unable to act another officer appointed by the Warden shall take charge of the proceedings.

11.4 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 Chair of the Tribunal for a postponement of the hearing if in their opinion this gives insufficient time for the preparation of the case and the Chair of the Tribunal may at his or her discretion decide on a later date for the hearing.

11.5 Copies of all papers to be submitted to the Tribunal shall be circulated to the member of staff concerned, the officer nominated to present the College's case and the members of the Tribunal at least five days before the hearing of the case.

11.6 The officer in charge of the Tribunal shall ensure that the staff member concerned has been informed:

11.6.1 that he or she is entitled to be represented by another person, whether such person be legally qualified or not, in connection with and at any hearing of the charge or charges

11.6.2 that a charge shall not be determined without an oral hearing at which the member of the academic or academic-related staff and any person appointed by him or her to represent him or her are entitled to be present

11.6.3 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

11.6.4 of the procedure for the conduct of the hearing.

11.7 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.

11.8 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.

11.9 Procedure for the conduct of the hearing:

11.9.1 The Tribunal, having been duly summoned, takes its place together with the staff member concerned and any person representing him or her, the officer presenting the case against the staff member, and the officer servicing the Tribunal

11.9.2 The Chair introduces the members of the Tribunal, 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

11.9.3 The College representative informs the Tribunal of the circumstances which have led to the hearing, and introduces any document circulated in accordance with clause 11.5 above

11.9.4 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 Tribunal

11.9.5 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

11.9.6 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 11.5 above

11.9.7 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 Tribunal

11.9.8 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

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

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

11.9.11 The Chair asks all except members of the Tribunal and the officer servicing the Tribunal to withdraw in order that it may consider its decision.

11.10 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.

11.11 The Tribunal may decide to dismiss the charge or charges, remit them to the Warden for further consideration or for the correction of accidental errors, or uphold the charge or charges and make recommendations to the Warden as to the appropriate penalty; this may include discussion with the staff member, a formal warning, advice to the staff member, suspension or dismissal for good cause.

11.12 The Tribunal shall send its decision to the Warden and to each party to the proceedings and shall draw attention to the period of time within which any appeal should be made by ensuring that a copy of Statute 16 Part V (Appeals) accompanies each copy of its decision sent to a party to the proceedings.