Ordinance XXVI - Appeals Against Dismissal or Disciplinary Findings

1. This Ordinance applies to Appeals lodged under Part V of Statute 35.

2. Procedures

a) Representation

An appellant is entitled to be represented by another person, whether such person be legally qualified or not, in connection with and at any hearing of his or her appeal;

b) Oral Hearing

An appeal shall not be determined without an oral hearing at which the appellant and any person appointed by the appellant to represent him or her are entitled to be present and, with the consent of the person or persons hearing the appeal, to call witnesses;

c) Notification to Appellant

Following the appointment by the Council of a person to hear and determine an appeal, the Secretary to Council or his nominee will write to the appellant at least 21 days in advance of the hearing giving notice of: the date, time and venue for the hearing of the appeal; his or her right to be represented by another person whether such person be legally qualified or not in connection with and at any hearing of his or her appeal; subject to the consent of the person or persons hearing the appeal, the right of the appellant to call witnesses provided that the names of such witnesses are notified to the Secretary to Council at least 7 days in advance of the hearing of the appeal; of the need to exchange all written evidence to be relied upon not later than 7 days prior to the date of the hearing.

3. Powers and Duties of the Person or Persons Appointed to Hear the Appeal

a) The person or persons appointed shall be empowered at any stage to postpone or adjourn the proceedings and shall not unreasonably refuse the request of the appellant or the Secretary to Council to do so, to dismiss the appeal for want of prosecution, to correct accidental errors, to set appropriate time-limits for each stage (including the hearing itself) to the intent that any appeal shall be heard and determined as expeditiously as reasonably practicable, to take any of the actions detailed in Statute 35.29(3).

b) The person or persons appointed shall send the reasoned decision on the appeal, together with any finding of fact different from those come to by the Council or, as the case may be, the Disciplinary Tribunal to the Vice-Chancellor and to the parties to the appeal.