Members: Appeals Procedure#

This procedure covers the appointment and conduct of an Appeals Committee convened to hear an appeal by a College Member against a decision of a Disciplinary Committee.

The Dean and Registrar (or their nominee) are responsible for providing guidance to Members and others who find themselves involved in an appeals procedure. Any doubt over the interpretation of these procedures, or any matter on which these procedures are silent, shall be determined by the College Executive team. Members lodging an appeal under these procedures may also wish to obtain guidance from the Members’ Council.

Under this procedure, a named member of staff may delegate her or his responsibilities to another member of staff. Similarly, the procedure shall not be invalidated by a member of staff acting in the place of another named in these regulations where circumstances make this expedient.

Appointment of Appeals Committee#

The grounds for the appeal must be set out in writing in the notice of appeal, and must be made within two working days of the formal decision of the Disciplinary Committee.

The College Director shall establish an Appeals Committee if the following grounds apply: (i) there is relevant and substantial new evidence available which could not reasonably have been brought to the attention of the Disciplinary Committee; (ii) there has been a procedural irregularity of sufficient weight during the Disciplinary Committee stage to suggest that the outcome would not have been the same had it not occurred; (iii) the recommendation of the Committee was manifestly unreasonable.

Where an Appeals Committee is to be constituted, this shall be appointed by the College’s Executive Committee. The Committee shall be chaired by a person not involved with an earlier Disciplinary Committee and shall also include two other persons who have not had any previous direct involvement in the case.

A clerk to the Committee, who shall be a disinterested member of the College administration not previously involved in the case, shall be appointed by the Director. The clerk to the Committee shall be entitled to advise on procedure but shall not be entitled to participate in any decision-making and/or deliberations of the Appeals Committee.

Conduct of the Appeals Committee#

The clerk to the Appeals Committee shall notify the Member and the College Director or other member of staff of Goodenough nominated by the Director to present the College’s case - hereafter called ’the parties’ - of the identity of the Committee members and the date of the proposed hearing. Both parties shall be allowed at least five working days in which to prepare their case. The case for appeal and all other information on which the parties intend to rely must be made available to the other party and to the members of the Committee at least two working days before the date set for the hearing.

The parties will be required to attend the hearing in person. If either party fails to attend without reasonable explanation, the Committee may consider the case in their absence. The Chair will have discretion as to what constitutes a ‘reasonable explanation’.

The Member shall have the right to be accompanied by a friend, Member’s Council representative or other representative. The member of staff presenting the College’s case shall also have the right to be advised and represented. Any party intending to be accompanied or represented must notify the clerk to the committee within five working days of the hearing of: (i) the identity of any third party attendees; and (ii) the capacity in which they will attend, to enable parity of representation, if desired.

Members of staff, Members and others relevant to the case may be asked to give evidence to the hearing by either party. The Committee may also call upon other persons (whether or not a current Member of the College) to provide advice on specific aspects of the case in writing or in person.

The hearing shall be conducted as a formal committee rather than as a quasi-judicial hearing. The hearing is not intended to re-hear or fully review the case but is limited to the specific grounds outlined above. The Committee members shall take the leading role in asking questions and the Chair shall have discretion to allow flexibility in procedures aimed at ensuring that all parties are able to present their arguments and evidence, and the Committee members have a full and fair understanding of these. The detailed procedure for the Committee hearing shall be at the discretion of the Chair and shall be notified to the parties at the start of the hearing, but shall include provision for: an initial private meeting of the Committee members, explaining the procedures to be followed; introducing those present and their role; explaining the powers of the Committee; allowing each party to make a statement and call witnesses; other persons to make a statement; questions to be asked of the parties, witnesses and other persons by Committee members; discretion by the Chair to allow reciprocal questioning by the parties.

At the conclusion of the presentation of statements and evidence, all persons except members of the Committee shall withdraw, except that the clerk to the Committee may attend to give procedural advice, which will be recorded in the Committee’s report. The members of the Committee shall deliberate on their conclusions and recommendations and shall produce a written report, giving reasons for its decisions.

The powers of the Appeal Committee include: (i) to uphold the decision in full; (ii) partially to uphold the decision but impose a lesser penalty; (iii) allow the appeal, finding the Member not guilty of misconduct, removing any penalty imposed and recommending to College’s Executive Committee any remedial action; (iv) exceptionally, recommend to the College Director that a greater penalty shall be imposed.

The decision of the Appeal Committee shall be forwarded to the College Director for their consideration as a recommendation. It shall also be sent to the College’s Executive team for formal reporting to the next meeting of the College’s Board, and to the Dean and Registrar for completion of appeals purposes.

Any decision of the College Director not to appoint an Appeals Committee or any decision made by an appointed Appeals Committee on behalf of the College Director shall be final and shall conclude the College’s internal procedures. The Dean or Registrar or their nominee shall provide the Member with a Completion of Procedures letter within two working days of the decision being taken.