Appeals Procedure
Procedure to be followed at an Appeal Hearing
The Chair of the hearing will determine the procedure to be followed at the hearing, to the extent that this assists with:
· Determining clearly the facts of the case
· Confirming that the University’s procedure has been properly followed
· Ensuring that the employee has a fair re-hearing.
The Chair may call or permit relevant witnesses to be attend for either party to give evidence directly if this is considered pertinent to the facts of the appeal.
However, the Chair is also expected to ensure that the issues addressed at the hearing remain relevant and pertinent to establishing the facts. To this end, the determination of the Chair on any point of procedure will be final.
As a guide, the following outline procedure should be followed:
Introductions
· Introduce those present and explain why they are there.
· Explain the nature and purpose of the hearing and ensure understanding.
· Explain how the hearing will be conducted, including the attendance of witnesses.
· Check receipt of all relevant papers.
· Any procedural points are clarified.
Then:
· The SMT Member* puts the case in support of his / her decision in the form of a short opening and summary statement of the whole case.
· The employee# puts the case in response in the form of a short opening and summary statement of the whole case.
· The Chair / Committee may ask questions of either party.
· The SMT Member* puts their detailed statement of case forward and may call witnesses as appropriate.
· The employee# may question the SMT Member and any witnesses.
· The Vice Chancellor / Chair may question the SMT Memberl and any witnesses.
· The employee# puts his / her case against the decision and may call witnesses as appropriate.
· The SMT Member* may question the employee and any witnesses.
· The Vice Chancellor / Chair may question the employee and any witnesses.
· The SMT Member* shall summarise the case for the decision.
· The employee# shall summarise the case against the decision.
· Both parties will be asked to withdraw. If it is necessary to recall either party or any witnesses in order to resolve any points of uncertainty on the evidence given, both parties will be recalled and will be given opportunity to comment.
· The Vice Chancellor / Chair may adjourn the appeal hearing before reaching a decision if further information is required.
· Once both parties have withdrawn, the Vice Chancellor / Chair will come to a decision on the matter.
· Once the decision has been made, the parties will be released and either informed personally of the decision or informed that the decision will be communicated in writing in a letter to be sent within 5 working days of the appeal, or as soon as practicably possible thereafter.
Note *or his/ her representative or the person who acted as Chair of the disciplinary hearing.
Note # or his / her representative
