Council Regulations 4 of 2017

Made by Council with effect from 9 June 2017 (Gazette Vol.147, p.502, 25 May 2017)

1. In these regulations, references to sections are to sections of Statute XII unless otherwise indicated.

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2. (1) Where the Vice-Chancellor refers an appeal under section 28 (1), the Registrar shall select by lot two elected members of Council from all such members of Council who are:

(a) required to engaged in academic teaching and/or research either by their written contracts of employment or by established and agreed practice; and

(b) are not ineligible to serve under the provisions of section 9 (3).

(2) Personnel Services shall designate a secretary to coordinate all arrangements necessary for the hearing.

3. No case shall be determined by the Review Panel without an oral hearing at which the member of academic staff is entitled to make representations and to be accompanied by a colleague in the University or trade union representative, except in the circumstances set out in regulation 6 (b) below.

4. The documents for the hearing shall consist of:

(a) the notice of appeal;

(b) the letter sent under section 26 (2) giving notice of the Vice-Chancellor's decision that the complaint be heard by a Staff Employment Review Panel (SERP);

(c) any additional material that has been provided to the Vice-Chancellor as relevant to the case, by the member of academic staff, the department, faculty and/or divisions, including any investigation report;

(d) any further submissions, which are considered necessary by the panel.

5. It shall be the responsibility of the Secretary to:

(a) send any documents to the Review Panel and to the member of academic staff;

(b) invite any further submissions that the Review Panel considers necessary under regulation 4 (d) above, to be provided within such period as the Review Panel may specify;

(c) set a date for the hearing, which shall take place as soon as is practicable after the deadline for the submission of further documentation under regulation 5 (b) above, and give reasonable notice of that date to the member of academic staff.

6. (1) Subject to the provisions of Statute XII and these regulations, the Review 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) proceed with the case on the basis of the written material, if:

(i) due to the unavailability of the member of the academic staff or their chosen colleague or trade union representative, it is not possible to convene an oral hearing within a reasonable period of time;

(ii) the member of academic staff elects not to attend the hearing.

(2) No adverse conclusions shall be drawn from absence from the oral hearing of the member of academic staff.

7. The Review Panel shall consider whether or not there is a reasonable prospect that the determination of the complaint will or may involve an issue of academic freedom as defined in section 4.

8. The Review Panel shall produce its decision in writing as soon as is reasonably practicable after the hearing and send it to the Vice-Chancellor and the member of academic staff concerned.

9. In the event that the Review Panel cannot reach a unanimous decision, it shall uphold the appeal.

10. The decision of the Review Panel shall be final.

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