SPECIAL ORDINANCE C (xiii):
Appeals

1. This Special Ordinance 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. References in this Special Ordinance to the Schedule are to the Schedule to Statute C and references to Chapters are to Chapters within that Schedule.

3. This Special Ordinance 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;
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.

4. A member of the academic staff may institute an appeal under this Special Ordinance in accordance with Statute D II 4 save that

1. (a)for the purposes of any appeal to the Septemviri pursuant to this section against a decision of an Appointments or Selection Committee to terminate the appointment of an officer at the end of his or her probationary period, the quorum for the Septemviri shall be reduced to three, including the Chair. If the Chair is unavailable, he or she shall designate one of the members to act as Chair in her or his stead;
2. (b)the provisions of (a) above may be applied in any other appeal to the Septemviri pursuant to this section, at the option of the appellant and with the concurrence of the Chair.

5. 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.

6. 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 5 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.