Calendar 2014/15

Annex - Fitness to Practise and Appeal Boards

Procedures for Hearings

1 The Board will be serviced by a Secretary nominated by the Director of Academic Services and Deputy Chief Operating Officer (or deputy) and who will be present for the duration of the meeting(s) of the Board.
2 The date of the hearing will be notified to the student charged with the offence under consideration or bringing an appeal (hereafter the 'student'), normally not less than ten working days beforehand.
3 In advance of the hearing, the University and the student will be invited by the Secretary of the Board, in consultation with the Chair, to nominate witnesses to appear before the Board or to provide statements on their behalf. Any person requested to submit a written statement will be advised that it will be made available to both the Board and the student.
4 Statements and other documentation in connection with the case will be circulated not less than five working days before the date of the hearing to the members of the Board and to the student. Later circulation may be allowed at the discretion of the Chair of the Board.
5 The student may be accompanied at the hearing by a person who should normally be a member of the University but not a person who could be called to be a member of the panel (with any variation to this principle at the discretion of the Chair of the Board). The purpose of this person is to assist the student during the course of the hearing. Normally, with the permission of the Chair, s/he may cross-examine witnesses on behalf of the student and may make summative remarks following the student's concluding statement.
6 Refusal or failure of the student or any witness to attend the hearing will not necessarily invalidate the proceedings. The Board reserves the right under such circumstances to proceed with the hearing.
7 At Board hearings, the following procedure will be observed:
7.1 The hearing will commence with private discussions within the Board to clarify matters of process only.
7.2 The student, and an accompanying person (if any), will be called to appear before the Board. The student (and any accompanying person) may be present for the duration of the hearing until such time(s) as s/he is asked to withdraw so as to enable the Board to consider its decision. The proceedings will continue as follows:
  • The Chair of the Board will detail the offence(s) which the hearing has been convened to consider and ensure that the student fully understands the nature of the offence(s).
  • A statement will be requested from the student about the case;
  • The Board will question the student about the case.
7.3 Witnesses to the case will be called as follows:
  • Witnesses called by the University
  • Witnesses called by the student
Each witness:
  • will be requested to make an oral statement or to confirm the contents of a previously-provided written statement;
  • will be questioned by the Board;
  • may be questioned by the student (or accompanying person) through the Chair of the Board.
Witnesses will withdraw from the hearing after questioning.
7.4 The Board will invite the student to comment on any written statements or evidence received from persons not appearing during the course of the hearing and may question the student on the contents of the statements.
7.5 The student and accompanying person will be invited to make concluding statements.
7.6 The student and accompanying person will withdraw to enable the Board to consider its decision.
7.7 If possible the decision of the Board will be notified in person to the student by the Chair of the Board at the conclusion of the hearing or as soon as possible thereafter.
8 The decision of the Board will be confirmed in writing by its Secretary to the student within five working days of the hearing.