Appeals Procedures under Part V of Statute 17
Council Ordinance 17
17.1 The relevant section is Part V of Statute 22 and, in any case of conflict, the Statute will take precedence over this Ordinance. The Statute and this Ordinance cover appeals by members of academic staff who are dismissed or under notice of dismissal or who are otherwise disciplined.
17.2 Council shall appoint the person to conduct appeals under Statute 17/22, Part V, in accordance with the specified criteria.
17.3 The person appointed shall decide whether they wish to establish an Appeals Panel, comprising one independent member of Council and one member of academic staff nominated by the Senate. If they do not believe such a Panel is necessary to serve justice and fairness, they shall sit alone. References to the Appeals Panel below cover either form of composition.
17.4 The parties to the appeal are the Appellant and the Officer appointed by Council who shall normally be a senior member of the staff of the University, together with any other person added as a party at the direction of the Officer Appointed. Should the Officer Appointed be unable to act the Vice-Chancellor & Principal may appoint another officer.
17.5 The Appellant must submit their appeal in writing to the Officer Appointed giving the full grounds for appeal, including any supporting evidence, and normally within 28 days of the date on which the notice of the decision against which the appeal is being made was sent, or within such longer period as the person appointed (the Appeals Panel) shall determine. Late appeals will not be accepted, unless the Officer Appointed considers that justice and fairness so require in the circumstances of the case.
17.6 The Officer Appointed shall inform Council of the receipt of the appeal and the date on which it was served, and inform the Appellant in writing that this has been done.
17.7 If the University wishes to produce evidence to the Appeals Panel then it shall do so not less than 14 days before the date of the hearing and a copy of such evidence shall be forwarded to the Appellant as soon as practicable. The Appellant shall have the opportunity not less than 7 days before the date of the hearing to adduce further evidence for the consideration of the Appeals Panel.
17.8 All proceedings of the Appeals Panel and all evidence placed before it shall remain confidential and shall not be published outside the University by any party to the Panel's proceedings unless all parties and the Appeals Panel agree.
17.9 The Appellant and all other parties may be represented by another person (who may be legally qualified) at any stage of the appeal and the appeal Hearing.
17.10 There shall be an oral hearing at which the Appellant and any representative and all other parties and their representatives shall be entitled to be present.
17.11 At the direction of the Appeals Panel, the Secretary to Council may appoint a clerk to the Panel to assist in the arrangements for the Hearing. The clerk (if appointed) or the Officer Appointed shall be responsible for notifying all parties of any timetable set by the Appeals Panel and any variations subsequently made to it.
17.12 The Appeals Panel shall:
- determine the order of proceedings, whether any further evidence or information is required, and whether witnesses may be called;
- set a timetable for each stage of the process so that the matter may be heard in reasonable time. Wherever possible the Appeal shall be heard within one month from the date of receipt by the Officer Appointed of the appeal notice;
- provide for postponements, adjournments, dismissal for want of prosecution and the correction of errors, provided reasonable grounds are given, but shall have due regard for the need to act expeditiously and in reasonable time.
17.13 All relevant papers from the Appellant and the University, together with the name(s) of any representatives or witnesses, shall be exchanged not later than 7 days before the due date for the Hearing.
17.14 The order of proceedings shall be notified to all parties not later than 2 days before the Hearing.
17.15 The Appeals Panel shall present to the Vice-Chancellor and Principal and to the parties to the Appeal a written explanation of its decision, together with any different findings of fact in relation to an appeal under Part II or Part III, normally within 14 days of the last day of the Hearing proceedings.
17.16 The Appeals Panel may:
- Allow the appeal in whole or in part;
- Dismiss the appeal in whole or in part;
- In respect of an appeal against redundancy (Part II of the Statute), remit the appeal or any issue arising from it to the Council (as the appropriate body) for further consideration such as the Appeals Panel may direct;
- In respect of an appeal against discipline, dismissal and removal from Office (Part III of the Statute), remit the appeal for re-hearing by a differently constituted Tribunal to be appointed under Part III;
- In respect of an appeal against removal for incapacity on medical grounds (Part IV of the Statute), remit the appeal for further consideration such as the Appeals Panel may direct.
17.17 The report of the Appeals Panel shall be confidential and shall not be disclosed or published to others outside the University except with the consent of the parties or where required by law.
There is no appeal from the finding(s) of a Grievance Committee appointed under Part VI of the Statute.
