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

Conduct Regulations 71
8.2 No member of the Committee should have been
involved in the case previously. The University reserves the
right to modify the Committee membership as required
to reflect gender and the diversity of the Northern Ireland
community. At all meetings of the Student Discipline
Appeals Committee, three members (excluding the
secretary) shall constitute a quorum.
8.3 A member of Academic and Student Affairs shall
normally act as Secretary to the Student Discipline Appeals
Committee and shall adhere to the process as outlined in
paragraphs 10.1-10.5.
8.4 The student may be invited to submit further written
information in support of the appeal to the Student
Discipline Appeals Committee. Such written information
should normally be submitted to the Secretary of the
Committee, at least two working days in advance of the
hearing.
8.5 The Student Discipline Appeals Committee shall have
access to the record of the first Disciplinary hearing. If new
information, which was not available to the student at the
time of the hearing’s decision, is presented by the student,
the Appeals Committee will consider it. Other than such new
evidence, the Student Discipline Appeals Committee will
consider only the grounds for the appeal submitted by the
student. The appeal hearing will not constitute a re-hearing
of the case.
9. Protocol for a Disciplinary Hearing
Unless otherwise stated, the procedural protocol of
Disciplinary hearings will normally be as set out below. If the
case is being heard by the Disciplinary Officer, all references
in the protocol to the Chair and the Committee should be
read as applying to the Disciplinary Officer.
Advice on the Conduct Regulations is available from
Academic Affairs and the Legal Services Manager. If
necessary, a hearing may be adjourned to permit appropriate
consultation.
9.1 The Chair will explain the purpose of the hearing
and the extent of the Committee’s delegated powers in
taking decisions on behalf of the University, the disciplinary
sanctions which are a possible outcome to the hearing, and
his/her right, where appropriate, to refer the hearing to a
higher authority.
9.2 The Chair will ascertain the names and roles of all
present, and confirm the names of the witnesses (if any)
which either party proposes to call in support of their case.
9.3 The allegation(s) against the student will be read out by
the Chair.
9.4 Following this, the case against the student will be made
by the Investigating Officer, calling witnesses or written
evidence from witnesses, as appropriate. The person(s)
providing written evidence should normally be available
to answer questions if required. Under the direction of the
Chair, the student may ask questions for clarification at
appropriate stages.
9.5 The student may then put his/her case and the Chair
may ask questions, for clarification at appropriate stages.
9.6 Where witnesses are called, they may be subject to
examination, cross-examination and re-examination by the
parties, under the direction of the Chair.
9.7 The Chair will invite the Investigating Officer/Disciplinary
Officer to sum up.
9.8 The Chair will invite the student to sum up.
9.9 When the Committee is satisfied that all relevant
information has been submitted everyone, except those
Officers making the decision and the Secretary, will withdraw
from the room to allow the Committee to consider the case
put by both sides.
10. Protocol for an Appeal Hearing
Advice on the Conduct Regulations is available from
Academic Affairs and the Legal Services Manager. If
necessary, a hearing may be adjourned to permit appropriate
consultation.
10.1 The student may be accompanied by a registered
student of the University (which shall include a Students’
Union Sabbatical Officer), a member of staff from the
University, or University Chaplaincy. The name of the person
accompanying the student shall normally be notified at
least two working days in advance to the secretary of the
Committee.
i. The student will have the opportunity to address the
Student Discipline Appeals Committee in support of
the grounds of appeal.
ii. The Disciplinary Officer or Chair of the Committee
of Discipline will present his/her conclusions and
decisions.
iii. Witnesses will not normally be called. However, when
they are called to give new evidence, they may be
subject to examination, cross-examination and reexamination
of the parties.
iv. Members of the Student Discipline Appeals Committee
will be able to question the Disciplinary Officer/Chair of
the original hearing and the student.
v. The student will then be invited to sum up.
vi. The Disciplinary Officer/or Chair of the Committee of
Discipline will sum up.
The Disciplinary Officer/Chair of the Committee
of Discipline, witnesses and the student (and anyone
accompanying the student) will leave the room.
10.2 The Student Discipline Appeals Committee will
consider the appeal as presented by the student and come
to a decision. The Committee shall have the authority to
endorse the original decision, or uphold the appeal against
the original decision and substitute such other decision of
its own, as it shall think fit. However, the sanctions applied
cannot exceed those as set out in paragraphs 6.13 and 7.14.
10.3 The Student Discipline Appeals Committee may
consider and determine the appeal in the absence of the
student, if the Committee is satisfied that the date, time
and location of the hearing have been notified in writing to
the student, and that the student has not notified Academic
Affairs that he/she will not be able to attend. The Student
Discipline Appeals Committee may exercise its discretion to
adjourn the hearing at any time.