Skip to main content

Ord. 21 Appeals Lodged under the Provisions of Statute 24

Ordinance on the procedure to be followed in regard to appeals lodged under the provisions of Statute 24

(1) An appeal lodged with the Registrar under Part V of Statute 24 shall, in addition to the requirements set out in the Statute:

(a) Set out reasoned grounds for the appeal.

(b) Include any documentary evidence to be used in support of the appeal.

(c) Indicate the names of the witnesses to be called in support of the appeal.

(d) Provide details of the person, if any, who is to represent the member of staff at the appeal.

The Registrar will pass this information to the Secretary appointed under paragraph 8 below, with a copy to the person who will represent the University at the appeal.

(2) The appeal will be heard as soon as is practicable and shall not be unreasonably delayed. The Appellant shall be notified in writing of the date, time and place of the hearing not less than 14 days in advance and at the same time shall be given details of the person (or persons) who will hear the appeal.

(3) The Appellate Body (i.e. the person appointed by Council under paragraph 24(1) of the Statute, and the two persons sitting with him/her under paragraph 24(3), if any) shall have the power to postpone or adjourn the hearing of the appeal, and to dismiss the appeal for want of prosecution, for good reasons and at its absolute discretion.

(4) The Appellate Body shall have the power, after consulting the parties, to set appropriate time limits for all or part of the appeal process, in order to ensure that the appeal is dealt with expeditiously.

(5) The Appellant shall have the right of attendance in person before the Appellate Body and to be accompanied by a representative who may be legally qualified.

(6) The Registrar or his/her nominee shall present the case against the appeal. Any documentation which the Registrar or his/her nominee wishes to submit to the Appellate Body, together with the names of any witnesses which he/she will call, must be given to the Appellant(s) and the Secretary of the Appellate Body not less than 10 days before the date of the hearing. The Secretary will then be responsible for circulating copies of the complete documentation to the Appellate Body.

(7) The detailed procedure for hearing the appeal shall be for the Appellate Body to determine, but shall allow for the submission of written and oral evidence by the Appellant and by the Registrar or his/her nominee, for the presentation of evidence by witnesses called by either party, and for questioning at all stages by the parties and by the Appellate Body. On completion of the presentation of evidence, the parties shall withdraw while the Appellate Body considers its decision. A decision may be given orally after the hearing if appropriate, but in any event a reasoned decision shall be issued in writing as required by paragraph 30 of the Statute.

(8) The Vice-Chancellor shall appoint a Secretary to the Appellate Body to deal with the organisation of the appeal and the hearing, and to prepare the written decision under the direction of the person appointed by the Council under paragraph 24 of the Statute. The Secretary shall remain in attendance during the consideration of the evidence, for the purpose of providing factual information and procedural guidance, and to assist with the preparation of the written decision.

(9) The Appellate Body shall have the power to consolidate appeals into a single hearing, where the Body in its absolute discretion considers it reasonable to do so.