Scope

This policy guides all employees and students who wish to appeal against the decisions of the Grievance Board or Disciplinary Board. This appeal policy exists to quickly and fairly respond to issues arising from grievance and disciplinary decisions.

Policy

In the event that an employee or student is dissatisfied with a decision or ruling made by the Grievance or Disciplinary Board or he/she believes that the decision is unfair, unreasonable, or arbitrary, he or she could follow this policy to appeal against the decision. The appeal could include matters related to disciplinary decisions and consequences, grades, academic suspension, and other decisions that impact an employee's status and progress or a student’s continuation in his/her program of studies.

Grievance Appeal

Making an Appeal

A complainant has the right to appeal against the decision of the Grievance Committee. The complainant must send the appeal to the Compliance and Legal Office within two calendar weeks of receiving the written notification of the outcome of the Grievance Hearing.

The appeal is not a re-hearing of the complainant’s original grievance so the complainant must clearly explain the basis on which the complainant thinks that the outcome is wrong or unfair or why any action or measures taken to resolve the grievance are inappropriate.

The Composition of the Appeal Board

The Composition of the Appeal Board

An Appeal Board will be appointed to hold an Appeal Hearing with the complainant. They will not have had any previous involvement in the complainant’s grievance and will be at least the same grade as the Manager/Senior Manager/Vice President/Dean. The Appeal Board will be comprised of 3 members.

One of the members of the Appeal Committee will act as the Chair.

Written Notice of Appeal Hearing

The Chair of the Appeal Board will write to the complainant: to attend an Appeal Hearing and give details of the arrangements.

The complainant will be given at least one calendar week’s notice of the hearing.

If unable to attend, the complainant shall inform the Compliance and Legal Office in advance, as they may not be aware of the circumstances of postponement.

The Appeal Hearing

At the hearing, the Appeal Board will discuss the outcome of the Grievance Hearing and will be asked to explain the reasons for the appeal. This will not be a rehearing of the original grievance but will focus on why the complainant thinks that the outcome of the Grievance Hearing was wrong or unfair.

Communication of the Outcome of Grievance

The Chair of the Appeal Committee will write to the Senior Compliance and Legal Manager within one calendar week of the appeal hearing to confirm the outcome. The Appeal Committee may agree with the original decision and recommendations or may overturn or amend the original decision.

The Appeal Board may also conclude that additional actions that need to be taken or make further recommendations. The outcome of the appeal is submitted to the President. The President may uphold the recommendation of the appeal or reverse it. The decision of the President (the Highest Authority) is final.

Disciplinary Appeal

If a concerned individual feels that the disciplinary action taken against him/her is wrong or unfair she/he can appeal the outcome by writing to the Senior Compliance and Legal Manager. The appeal letter shall be submitted within two calendar weeks of receiving the written confirmation of the outcome from the Compliance and Legal Office.

The appeal shall explain the reasons for the appeal which must be based on one or more of the following:

• the disciplinary process was not followed properly
• the concerned individual has some new evidence that was not available at the time of the Disciplinary Hearing
• the sanction imposed was too severe

If there is new evidence, it must be submitted with the appeal letter. If the concerned individual fails to provide any relevant grounds for the appeal, the appeal will not be taken further.

Written Notice of Appeal Hearing

The Compliance and Legal Office will write to the concerned individual requesting to attend a formal Appeal Hearing and give details of the arrangements and advise the concerned individual about his/her right.

The concerned individual will be given at least one calendar week’s notice of the hearing.

If the concerned individual needs any adjustments or special arrangements to attend the hearing he/she must let the Compliance and Legal Office know in advance, as they may not be aware of the individual circumstances.

Appeal Hearing

The disciplinary and grievance Appeal Board will hear the appeal. The Appeal Board will not rehear the concerned individual’s case. It will review and decide whether the action taken by the Disciplinary Board was fair and reasonable based on the reasons provided in the concerned individual’s letter of appeal and during the Appeal Hearing.

The hearing will normally take place as follows:

• the summary of the disciplinary hearing, the reasons for the original outcome and sanction will be explained by the Chair
• the concerned individual will respond to the summary given by the Chair and put forward his/her point of view
• the Disciplinary and Grievance Appeal Board will ask the concerned individual questions

After the hearing, the Appeal Board will adjourn the hearing so that the Appeal Members can consider all they have heard.

After the hearing, the Appeal Board will adjourn the hearing so that the Appeal Members can consider all they have heard.

After the hearing, the Appeal Board will adjourn the hearing so that the Appeal Members can consider all they have heard.

Outcome of Appeal

The possible outcomes of the Appeal Hearing are:

• The appeal is turned down and the original decision is confirmed.
• The appeal is supported, and the sanction is removed or replaced with a lower one.
• If the appeal against dismissal is supported the Appeal Committee may additionally reinstate the complainant to his role or grades.

The Senior Compliance and Legal Manager will confirm the outcome of the hearing in writing to the concerned individual within one calendar week.

The decision of the Appeal Committee is final once approved by the President of the University.

The President may uphold the decision of the Appeal Board, amend it or reverse it.

The President’s decision is final.

Conflict of Interest

If the concerned individual feels that there is a conflict of interest, he/she can ask for a different, Chair, Disciplinary, or Appeal Board member to be appointed. The concerned individual shall write to the Senior Compliance and Legal Manager if he/she believes that there is a conflict and specifies what it is. The Senior Compliance and Legal Manager will make an assessment of the person’s objectivity and confirms the decision. If it is concluded that there is a conflict of interest, different personnel will be appointed to carry out the role.