2. (1) Where the Vice-Chancellor refers a complaint under section 29 (1) (d), the Registrar shall select by lot five members of Congregation to a Staff Employment Review Panel (“the panel”) constituted in accordance with regulations governing the membership of panels convened under Parts B, D and H of Statute XII.
(2) The panel shall be provided with advice and assistance, including legal and/or medical advice as required, by Personnel Services. This shall include advice in relation to equality and diversity as appropriate where the panel or the member of academic staff who is the subject of the case for dismissal (“the member of staff”) consider that a matter relating to a protected characteristic is material to the case. Appropriate records of its decision-making shall be kept.
(3) Personnel Services shall designate a secretary to coordinate all arrangements necessary for the hearing.
3. No case for dismissal shall be determined without an oral hearing at which the member of staff is entitled to be present and to be accompanied and represented by a colleague employed by the University or trade union representative or, if given the nature of the case the Registrar so agrees, by a legally qualified person. If the Registrar does not agree, the Registrar shall submit to the panel both the application from the member of staff and the reasoning for the refusal. In such instances, the panel will bear in mind the absence of legal representation in its management of the case.
4. The Registrar shall appoint a suitable person to present the case for dismissal before the panel (“the presenter”). The intention is to avoid the need for legal representation before the panel and to achieve equity between the parties. The presenter is entitled to be accompanied by a colleague employed by the University. Only in cases where, with the Registrar’s approval, the member of staff is to be represented by a legally qualified person, may the Registrar appoint a legally qualified presenter, or may the presenter be accompanied by a legally qualified person.
5. Subject to the provisions of Statute XII and these regulations, the panel shall have general power to manage its own proceedings, including to:
(a) postpone or adjourn a hearing, if it considers that there are reasonable grounds to do so;
(b) set time limits on the evidence given or oral representations made at the hearing, limit witness evidence given to that which the panel considers to be material or relevant, and control the manner in which witnesses give oral evidence at the hearing and the manner in which such witnesses are questioned or give evidence, in all cases consistent with providing a fair opportunity for each party to present its case at the hearing;
(c) determine the order of proceedings at the hearing, consistent with each party being given a fair opportunity to give evidence, call witnesses, question any person who gives evidence and make representations;
(d) request or permit the introduction of new evidence at the hearing, where there is good reason to do so, and, if so, to adjourn the hearing if the panel considers this is necessary to enable the other party to consider the proposed evidence or further evidence in response; and
(e) ensure that each step in the proceedings is taken as promptly as is reasonably practicable.
6. In good time to allow the member of staff to produce their case in response in advance of the hearing, the designated secretary shall send the member of staff the written case for dismissal, which shall include:
(a) details of the allegation(s) or circumstance(s) relied upon in relation to the conduct, capability or performance of the member of staff concerned;
(b) an explanation of the basis on which these are said to constitute good cause for dismissal;
(c) any documents or other evidence, including witness statements, relied upon in support of the case for dismissal; and
(d) confirmation that the Vice-Chancellor or a Review Panel has determined that there is no reasonable prospect that the case for dismissal will or may involve an issue of academic freedom as defined in section 4 (2).
7. In good time to allow for consideration by the panel and the presenter before the hearing, the member of staff shall send to the secretary their written response which shall contain an explanation of their response to the case for dismissal, copies of any documents on which the member of staff wishes to rely; and a list of any witnesses whom they wish to give evidence. The panel will agree which witnesses may be approached, such agreement not to be unreasonably withheld, and the secretary will contact those proposed witnesses to ask if they are willing to participate and shall inform the member of staff. If the witness agrees, the member of staff may then contact the witnesses about their participation. The member of staff shall submit their list of proposed witnesses in good time for the process in this paragraph to take place such as to allow any witness statements to be provided in good time for consideration by the panel and the presenter in advance of the hearing.
8. (1) Where the case for dismissal, or the member of staff’s case in response, involves any issue of physical or mental incapacity or capability, Personnel Services shall, if requested by the panel, arrange for the panel to be provided with access to expert medical advice in relation to such incapacity or capability or to any steps which may be taken in mitigation of the same.
(2) Where Personnel Services have arranged for the panel to be provided with access to expert medical advice, the member of staff may be required to make himself or herself available for examination by such medical expert as may be appointed for this purpose and at the University’s expense.
9. During preparation for the hearing and the hearing itself, the member of staff has the right in strict confidence to discuss the situation with and obtain advice and moral support from colleagues in the University and outside it, personal friends and family. Such communications must not impart more information, nor be made to more people, than is strictly necessary in order to obtain the necessary advice and moral support. In addition, the member of staff must not share any information that would or could prejudice the fair and proper conduct of the hearing, breach the confidentiality of others, make known information about the parties to the hearing that could be considered slanderous or libellous, or otherwise breach the member of staff’s contractual or common law duties.
10. The member of staff and the presenter shall have the right to call witnesses and to ask questions of any witnesses called in support of the case for dismissal or the case in response respectively subject to the panel's powers to manage its own proceedings and the provisions of regulation 7.
11. The panel may dismiss a case for undue delay if it is not pursued by the presenter.
12. The panel may remit any case to the Vice-Chancellor for further consideration, in particular, if an issue arises in the course of proceedings which in the panel's view requires the consideration of academic freedom.
13. The chair may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the panel.
14. The panel shall hear any representations by or on behalf of a member of staff or presenter on the appropriate sanction, if any, and any evidence or representations in mitigation, before deciding whether the complaint should be upheld and, if so, what sanction, if any, should be imposed.
15. The panel shall produce its decision in writing, together with a statement of its findings of fact, the reasons for its decision and its recommendations, if any, as to the appropriate sanction, as soon as is reasonably practicable after the hearing and send it to the Vice-Chancellor, the member of staff, the presenter, and Personnel Services. The panel shall try to come to a unanimous decision. However, a decision can be reached by a majority.
16. (1) Where any case for dismissal has been upheld and the panel has recommended dismissal, the Vice-Chancellor may dismiss forthwith or upon such terms as the Vice-Chancellor considers fit.
(2) If the Vice-Chancellor decides not to dismiss, the actions Vice-Chancellor may take are as set out in section 39 (2).
(3) Any warning given under section 39 (2) (c) shall be recorded in writing and shall remain live as set out in sections 21(3) (b) or (c) as applicable.
17. (1) By its decision under regulation 15 above, the panel shall notify the member of staff of their right of appeal under section 38 and shall enclose a copy of these regulations with its decision.
(2) If a member of staff wishes to appeal a panel’s decision under section 38, the member of staff shall send written grounds of appeal and normally the documents on which the member of staff intends to rely to the Registrar within 14 days of receipt of the panel’s decision.
(3) The Registrar shall refer any appeal under section 38 (b) to a Pro-Vice- Chancellor.
(4) The Registrar shall bring any appeal under section 38 (a) to the attention of the Vice-Chancellor who shall refer the appeal for determination to a University Appeal Panel constituted and acting in accordance with regulations 18–26 below.
