Ordinances

14. Procedure for the hearing of a grievance of any staff or student other than under the terms of Statute 16

14.1

This Ordinance is made in accordance with the power of the Council set out in Statute 4.25 to consider, adjudicate on and, if thought fit, redress any grievance of any of the staff or of the students, other than those subject to the provisions of Statute 16. It sets out the procedure relating to staff only, as provision is made for student grievances under the General Regulation on Student Complaints.

14.2

Any staff member of the College wishing to raise a grievance other than under the provisions of Statute 16 shall write formally to the Registrar and Secretary setting out the terms of the grievance and informing him or her of the wish to raise it under the terms of Statute 4.25.

14.3

The Registrar and Secretary shall first establish that a prima facie case has been made, that all remedies prescribed in conditions of employment and other College procedures have been exhausted, and that no further course of action is open without recourse to the Council.

14.4

The Council, or the Chair acting on its behalf, shall appoint a Grievance Committee to act on its behalf in accordance with the provisions of Statute 4.25. No member of the Committee shall previously have been a party to the case.

14.5

The Grievance Committee shall be serviced by an officer of the College appointed by the Registrar and Secretary.

14.6

Parties to the hearing, including the aggrieved person and any person against whom the grievance lies, shall be given at least 28 days' notice of the date and time of the hearing; either side may apply to the Chair of the Grievance Committee for a postponement of the hearing if in their opinion this gives insufficient time for the preparation of the case and the Chair may at his or her discretion decide on a later date for the hearing.

14.7

Copies of all papers to be submitted to the Grievance Committee shall be circulated to the aggrieved person, the person(s) against whom the grievance lies and to members of the Committee at least five days before the hearing of the case.

14.8

The officer servicing the Grievance Committee shall ensure that the aggrieved person and any person against whom the grievance lies have been informed:

14.8.1
that they are each entitled to be represented by another person, whether such person be legally qualified or not, at the hearing

14.8.2
that the staff concerned and any persons representing them are entitled to be present at the hearing

14.8.3
that the staff concerned and any person representing them may call witnesses and may question witnesses upon the evidence presented to the Committee

14.8.4
of the procedure for the conduct of the hearing.

14.9

Any additional documentation not previously circulated to all parties may only be introduced at the hearing by either side with the consent of all parties.

14.10

Procedure for the conduct of the hearing:

14.10.1
The Grievance Committee, having been duly summoned, takes its place together with the staff concerned and any person(s) representing them

14.10.2
The Chair of the Committee introduces the members of the Committee and the staff concerned introduce themselves and their representatives; the Chair then explains the order of proceedings as set out below and invites any observations

14.10.3
The aggrieved person or his or her representative informs the Committee of the circumstances which have led to the hearing, and introduces any document circulated in accordance with clause 14.7 above

14.10.4
The aggrieved person calls any witnesses, who are in turn questioned by:

1. the aggrieved person or his or her representative
2. the person against whom the grievance lies or his or her representative
3. the members of the Committee

14.10.5
A further opportunity to question each witness before he or she leaves shall be allowed upon request to each of the three parties after each has had their first turn; the aggrieved person must however be allowed to ask the final question of each witness if he or she wishes to do so

14.10.6
The person against whom the grievance lies or his or her representative puts forward their case and introduces any document circulated in accordance with clause 14.7 above

14.10.7
The person against whom the grievance lies calls any witnesses, who are in turn questioned by:

1. the person against whom the grievance lies or his or her representative
2. the aggrieved person or his or her representative
3. the members of the Committee

14.10.8
A further opportunity to question each witness before he or she leaves shall be allowed upon request to each of the three parties after each has had their first turn; the person against whom the grievance lies or his or her representative must however be allowed to ask the final question of each witness if he or she wishes to do so

14.10.9
The Chair invites the aggrieved person or his or her representative to sum up his or her case

14.10.10
The Chair invites the person against whom the grievance lies or his or her representative to sum up his or her case

14.10.11
The Chair asks all except members of the Committee and the officer servicing the Committee to withdraw in order that the Committee may consider its decision.

14.11

The Chair may decide at any stage in the proceedings, upon application by either side, to adjourn the proceedings to a future date if in his or her opinion a sound case has been made for such adjournment; in this case the hearing shall be reconvened within one month of the original hearing and the parties given at least two weeks? notice of the date.

14.12

The decision of the Committee shall be final and shall be reported to the Council.

14.13

The staff member(s) concerned shall have the right to receive a copy of the report of the proceedings.