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Procedure for the hearing of a grievance of academic or academic-related staff

Article

Ordinance 13: Procedure for the conduct of the hearing of a grievance of a member of the academic or academic-related staff 

(in accordance with Statute 16.36)

13.1 The Grievance Committee appointed by the Council in accordance with Statute 16.35 shall be convened to consider any grievance of an academic or academic-related member of staff concerning his or her appointment or employment where the grievance relates to matters affecting him or herself as an individual or to matters affecting his or her personal dealings or relations with other staff of the College, not being matters for which express provision is made elsewhere in Statute 16, and referred to it by the Warden in accordance with Statute 16.33.

13.2 The Grievance Committee shall be serviced by an officer of the College appointed by the Registrar and Secretary.

13.3 Parties to the hearing, including the aggrieved person and any person against whom the grievance lies, 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 Grievance Committee for a postponement of the hearing if in their opinion this gives insufficient time for the preparation of the case and the Chair may at his or her discretion decide on a later date for the hearing.

13.4 Copies of all papers to be submitted to the Grievance Committee shall be circulated to the aggrieved person, the person(s) against whom the grievance lies and to members of the Grievance Committee at least five days before the hearing of the case.

13.5 The officer servicing the Grievance Committee shall ensure that the aggrieved person and any person against whom the grievance lies have been informed:

13.5.1 that they are each entitled to be represented by another person, whether such person be legally qualified or not, at the hearing

13.5.2 that the staff member(s) concerned and any persons representing them are entitled to be present at the hearing

13.5.3 that the staff member(s) concerned and any person representing them may call witnesses and may question witnesses upon the evidence presented to the Committee

13.5.4 of the procedure for the conduct of the hearing.

13.6 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.

13.7 Procedure for the conduct of the hearing:

13.7.1 The Grievance Committee, having been duly summoned, takes its place together with the staff member(s) concerned and any person(s) representing them

13.7.2 The Chair of the Committee introduces the members of the Committee and the staff member(s) introduce themselves and their representatives; the Chair then explains the order of proceedings as set out below and invites any observations

13.7.3 The aggrieved person or his or her representative informs the Committee of the circumstances which have led to the hearing, and introduces any document circulated in accordance with clause 13.4 above

13.7.4 The aggrieved person calls any witnesses, who are in turn questioned by:

(a) the aggrieved person or his or her representative 

(b) the person against whom the grievance lies or his or her representative 

(c) the members of the Committee

13.7.5 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 aggrieved person must however be allowed to ask the final question of each witness if he or she wishes to do so

13.7.6 The person against whom the grievance lies or his or her representative puts forward their case and introduces any document circulated in accordance with clause 13.4 above

13.7.7 The person against whom the grievance lies calls any witnesses, who are in turn questioned by:

(a) the person against whom the grievance lies or his or her representative 

(b) the aggrieved person or his or her representative 

(c) the members of the Committee

13.7.8 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 person against whom the grievance lies 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

13.7.9 The Chair invites the aggrieved person or his or her representative to sum up his or her case

13.7.10 The Chair invites the person against whom the grievance lies or his or her representative to sum up his or her case

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

13.8 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.

13.9 The Committee shall inform the Council whether the grievance is or is not well-found and if so shall make such proposals as it sees fit for the redress of the grievance.