University Calendar for Postgraduate Students 2012/13 - Queen's ...

Further Information 111
XIII. Further Information
Board of Visitors
Information for Intending Appellants
Constitution and Powers of the Board of Visitors
1. Paragraph 3 of the Charter granted to the University by
Her Majesty Queen Elizabeth the Second in 2001 ordains as
follows:
“We, Our Heirs and Successors shall be and remain the
Visitor and Visitors of the University acting through such
Board of Visitors as We or They may from time to time on the
representation of the University by Order in Council appoint
for such a period as We or They shall think fit. In the exercise
of the Visitorial Authority We, Our Heirs and Successors for
the time being shall have the right from time to time, and
in such manner as We or They shall think fit, to direct an
inspection of the University, its buildings, laboratories and
general equipment, and also of the examinations, teaching
and other work done by the University.”
Membership of the Board
2. The present Board of Visitors was appointed by Her
Majesty, on the advice of her Privy Council, on 9 July 2008
to serve for a period of five years expiring on 30 September
2013; its members are:
Sir Malachy Higgins (Chairman)
Mrs Gemma Loughran
Mrs Ann Shaw
Mr Denis Wilson (Convenor)
Petitioning the Board
3. In certain cases, a member of the University who is
aggrieved by an act or omission of the University may
petition the Board of Visitors for redress (hereafter referred
to as an appeal). The Board may consider an appeal
only if the matter has been first raised internally within
the University and the appellant has been informed that
a final decision has been taken. In accordance with the
provisions of the Education (Academic Tenure)(NI) Order
1988, the Board has no jurisdiction to consider complaints
from members of academic staff in relation to employment
disputes, such matters now being dealt with by Employment
Tribunals.
Functions of the Board
4. In dealing with appeals made to it by any member of
the University, the function of the Board of Visitors is to
see that the Statutes and Regulations of the University
are in themselves fair, have been properly observed and
carried out and that natural justice is observed wherever
it may apply between the appellant and the University. As
has been said by a former Chairman of the Board, Lord
Scarman, in his ruling on a previous appeal to it: “Questions
of fact, especially those involving the exercise of specialised
judgements in the life and work of the University are
primarily for the University and not, save in exceptional
circumstances, for the Visitor or a court to decide.” For
example, the fact that the Board has power to enquire into
the conduct of examinations does not mean that it will remark
the papers.
Procedures of the Board
5.1 An appeal against a final decision of the University
must be lodged with the Convenor of the Board within six
calendar months of the date upon which a final decision is
communicated in writing by the University to the appellant.
5.2 Appellants should supply the Board with a concise and
paginated typewritten statement, not exceeding 15 A4
pages, setting out in detail the grounds upon which the
appeal is being made. This may be accompanied, where
appropriate, by supporting evidence in the form of copies of
relevant documents, which should be paginated, numbered,
indexed and referenced in the statement.
5.3 In the event that the Board is of the preliminary opinion
that there is no case to answer, the appellant will be
afforded an opportunity to make representations in writing
to the Board to reconsider its opinion. Any such written
representations must be received by the Board within
three weeks from the date on which the Board notified the
appellant that it was of the preliminary opinion that there
was no case to answer. If the Board remains of the opinion
that there is no case to answer the appellant will be so
informed.
5.4 If a preliminary examination indicates that there is a case
to answer, then the appellant will be so informed and a copy
of the appeal submission will be sent to the University with
a request for a written response. The University will respond
within six weeks from the date upon which the original
appeal submission is sent to it by the Convenor of the
Board. This response, which should be paginated, may be
accompanied, where appropriate, by supporting evidence
in the form of copies of relevant documents, which should
be paginated, numbered, indexed and referenced to the
response.
5.5 When the University response is received, a copy will
be sent to the appellant, who will have the right to make a
written reply within three weeks from the date upon which it
is sent to him or her by the Convenor of the Board.
5.6 The Board may seek further documentation or
information from either party which it considers may be
relevant to its determination of the appeal. In such event the
appellant or the University, as appropriate, will be provided
with such further documentation and/or information received
and given the opportunity to comment in writing upon it
within a reasonable period as determined by the Board.
5.7 After the expiry of the three week period referred to in
paragraph 5.5 above, or such longer period as the Board
may determine in the event that it has sought further