► A.3.3 Appeal Procedure

A.3.3       Appeal Procedure

 

i)              Appeal against a vote of no confidence will only be heard on the following grounds:

 

a)                   The presence of new evidence since the vote of no confidence was taken; or

b)                   That due procedure was not followed when the vote of no confidence took place. 

 

ii)             Written Notice of Appeal to the Senior Treasurer against a Motion of No Confidence may be lodged with the President’s Personal Assistant within two working days.  No Appeal will be heard if received later.

 

iii)            If an Appeal is received within twenty-one days of the expiry of the Officer’s normal period of Office, subject to the agreement of the Officer, no Appeal need be heard but the allowance shall continue to be paid as if the Officer continued to fulfil the duties until the end of the period of Office.

 

iv)            If an Appeal is properly lodged then, subject to paragraph A.3.B (viii) above, an Appellate Committee shall be summoned at the earliest opportunity, and not more than twenty-one days after the lodging of an Appeal, as follows.

 

v)             The Appellate Committee shall consist of:

a) The Senior Treasurer of the Union who shall Chair.

b) Two Executive Officers serving in the Students’ Union of a School of the University of London chosen by lot by the Returning Officer.  The School of the Appellate shall not be considered when the lot is drawn.

c) Two Executive Officers serving in Students’ Unions of non-University of London institutions of Higher Education chosen by lot by the Returning Officer.

 

vi)            If the Senior Treasurer is unable to act then a nominee of the Vice-Chancellor shall act on their behalf.

 

vii)           Quorum of the Committee shall be its Full Membership.

 

viii)          The Committee shall hear the Appeal by way of Case Stated and shall be supplied with a full Report of the proceedings of the meeting which passed the Motion of No Confidence by its Chair, stating the original allegations, a full and clear account of the debate at the meeting and the reasons for the decisions reached.  The Officer shall submit a Report stating the grounds of Appeal, that must fall under A.3.3 (i) (a) or (b).

 

ix)            The Committee may, at its decision, hear and take into account fresh evidence called by either side which was not and could not reasonably have been made available when the Motion was originally debated.

 

x)             The person who proposed the original Motion of No Confidence shall present the case against the Officer.  Where more than one Motion was originally proposed, it will be presented by one or more of the Proposers at the discretion of the Committee.

 

  xi)          The Officer may be accompanied or represented by a friend.

 

  xii)         Each side will inform the Chair of the Appellate Committee of the names and status of those who will appear.  If the Officer will be represented by a person who is legally qualified, the Chair must be informed seven days before the date of the Hearing.            

 

  xiii)        The decision of the committee shall be reached by majority vote.  In the event of equality of votes, the chair shall have second and calling vote.  The votes of individual members of the Committee shall always be treated as confidential and there shall be no disclosure of such votes or of information showing whether the decision was reached by a unanimous or a majority vote.

 

  xiv)        Sittings of the Appeals Committee shall be in private unless the Appellant otherwise requests and the Committee agrees.

 

  xv)         The Appellant shall be entitled to be present throughout the hearing, although the Committee may at any time during the hearing of an Appeal order the room to be vacated or may retire to another room for private discussion.

 

  xvi)        Other than for withdrawal for discussion, the Committee shall reach its decision without adjournment.

 

   xvii)      The Appeals Committee shall make no public comment other than whether or not the Appeal is allowed.

 

  xviii)      Proceedings of the Appeals Committee shall not be invalidated by reason of the absence from meetings of the Appellant, provided that reasonable steps have been taken to inform the appellant of the meetings.  Or by the absence of any other person, provided that the Committee remains properly constituted as in A.3.3 (ix).

 

  xix)        The Appellate Committee shall immediately convey its decision in writing to the Appellant, the Union Council, the Returning Officer, the President and the Vice-Chancellor.

 

  xx)         If the Appeal is allowed, the Motion of No Confidence will again be put to Union Council.

 

  xxi)        If the Appeal is dismissed, the Officer is deemed to have been dismissed from Office forthwith and the Senior Treasurer shall rule what proportion of the allowance, if any, should be paid to the former Officer from the date of dismissal.