Chapter V

APPEALS

1. This chapter establishes procedures for hearing and determining appeals by members of the academic staff who are dismissed or under notice of dismissal or who are otherwise disciplined.

2. This chapter applies to appeals against, or arising from,

1. (a)any decision of a competent authority (or of a delegate of such a body) to dismiss in the exercise of its powers under Chapter II of this schedule;
2. (b)any proceedings, or any decision reached, under Chapter III;
3. (c)any dismissal otherwise than in pursuance of Chapter II or Chapter III;
4. (d)any disciplinary decision of a University authority otherwise than in pursuance of Chapter III;
5. (e)any decision reached under Chapter IV;
6. (f)any proceedings, or any decision reached, under Statute C III 11–14 including any decision reached in pursuance of Statute C III 14;

and ‘appeal’ and ‘appellant’ shall be construed accordingly; provided that the following shall not be subject to appeal:

1. (i)a decision of the Regent House under Chapter II, Section 4;
2. (ii)any finding of fact by the Tribunal under Chapter III or Statute C III, or any medical finding by a Medical Board under Chapter IV; save where, with the consent of the Septemviri, fresh evidence is called on behalf of the appellant at the hearing of the appeal.

3. A member of the academic staff may institute an appeal in accordance with Statute D II 4.

4. The Septemviri may allow or dismiss an appeal in whole or in part and, without prejudice to the foregoing, may:

1. (a)remit an appeal from a decision under Chapter II (or any issue arising in the course of such an appeal), to the competent authority for further consideration as they may direct;
2. (b)remit an appeal from a decision under Chapter III to be heard again either by the same Tribunal or by a differently constituted Tribunal to be appointed under the provisions of that Chapter;
3. (c)substitute any lesser alternative penalty that might have been imposed in respect of the original charge or charges under the provisions of Chapter III;
4. (d)remit an appeal arising under Chapter IV to be heard again either by the same Medical Board or by a differently constituted Medical Board to be appointed under the provisions of that Chapter.

5. The Clerk of the Septemviri shall notify the decision of the Septemviri on any appeal, including any decision reached in the exercise of their powers under Section 4 above, together with any findings of fact different from those reached by the competent authority under Chapter II or by a Tribunal under Chapter III, as the case may be, to the Vice-Chancellor, to the University Advocate, and to the appellant.