23. (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, the secretary may arrange for the board 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 the secretary has arranged for the board to be provided with access to expert medical advice, the member of staff may be require 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.
24. (1) The jurisdiction and powers of the board shall not be restricted by the fact that the person who is the subject of the complaint has been, or is liable to be, prosecuted in a court of law in respect of any act or conduct which is the subject of proceedings before the board.
(2) The board may postpone or adjourn a hearing, if it considers that appropriate, pending the outcome of any such proceedings.
25. (1) Subject to the consent of the board, both the presenter and the person who is the subject of the complaint may introduce new evidence at the hearing, save that in the case of the presenter such new evidence shall not be admitted except for good reason.
(2) If new evidence is admitted, the hearing may be adjourned at the request of either party to enable the other party to consider the proposed testimony or further evidence in support of its response.
26. All hearings of or in connection with the proceedings before the board shall take place in private.
27. The board may proceed with a hearing in the absence of any of the persons entitled to be present, except where, in the case of a person who is the subject of the complaint, the board is of the opinion that the person’s absence was due to circumstances beyond his or her control.
28. The chair may exclude any person from a hearing if in the opinion of the chair such exclusion is necessary for the maintenance of order.
29. (1) The parties to the proceedings shall be entitled to give evidence at the hearing, to make an opening statement, to call witnesses, and to question any person (including a party) who gives evidence.
(2) Closing statements may be made by the presenter first and then any other parties, with the person who is the subject of the complaint being given the opportunity to speak last.
30. Without prejudice to the board’s general power to regulate its own conduct, it shall specifically have the power to set limits on the evidence to be called for each side consistent with providing a fair opportunity for each party to present its relevant evidence whilst ensuring that the complaints are heard and determined as expeditiously as is reasonably practicable.
31. The board shall have power to adjourn the proceedings from time to time as it sees fit.
32. The board may dismiss a complaint for want of prosecution.
33. The board may remit any complaint to the Vice-Chancellor for further consideration.
34. The board shall ensure that its secretary or some other appropriate person is present throughout the hearing so that a full and accurate record of the evidence may be taken.
35. (1) It is for the presenter to prove the complaint or complaints.
(2) In determining whether the complaint or complaints or any of them are proved the board shall consider the evidence and decide whether on the balance of probabilities it considers that good cause for dismissal within the meaning of section 6 has been proved in respect of each complaint before it.
36. If the board decides that a complaint has been proved, it shall give each party an opportunity, either orally or in writing at the option of the board, to address it on the question of penalty and/or mitigation prior to determining any recommendations that it may make to the Vice-Chancellor.
37. Evidence that a person has been convicted of any offence by or before any court of law, or that any court of law has found proved an offence with which a person was charged, shall, for the purpose of proving that the person committed the offence or was guilty of any act or conduct in respect of which he or she was so convicted or charged, be admissible in any proceedings before the board.
38. The board’s decision shall be recorded in a document signed by the chair including:
(1) the board’s findings of fact regarding the complaint or complaints;
(2) the reasons for the board’s decisions;
(3) the board’s recommendations, if any, as to the appropriate penalty or penalties.
39. The secretary of the board shall ensure that a copy of the document is sent to the Vice-Chancellor, to the presenter, and to the person who is the subject of the complaint, and also that a copy of Statute XII and of the associated procedural regulations accompany the document sent to the person who is the subject of the complaint.
40. The chair may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the board.
41. The person who is the subject of the complaint shall be notified of his or her right of appeal under Part H of Statute XII.
42. (1) Where any complaint has been upheld and the board has recommended dismissal, the Vice-Chancellor may dismiss forthwith or upon such terms as he or she considers fit.
(2) If the Vice-Chancellor decides not to dismiss, the actions he or she 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 for two years.
(4) In all cases the Vice-Chancellor’s decision shall be communicated to the person who is the subject of the complaint in writing and to Council.
43. No recommendation of the board shall be implemented until after any appeal has been determined.