A8 APPEALS PROCEDURE
This document is to be read in conjunction with the Complaints Procedure, A7.
The aim of an appeal hearing is to consider whether the Association has acted fairly in reaching its decision concerning the complaint and/or in determining the sanction imposed.
Principles of confidentiality as described in the Complaints Procedure shall apply.
3 The Appeal
- An application for an appeal must meet the guidelines laid out in the Complaints Procedure.
- The Chair of the Association shall, on receipt of the appeal, convene a sub-committee to deal with it. All the evidence available at the time of the investigation will be available to the hearing, plus any subsequent information relating to the alleged breaches and/or evidence the ethics committee has failed properly to follow the complaints procedure.
- The appeal may be considered by either written submission or by a meeting of the parties concerned. If the sub-committee decides the latter then the appeals protocol should be followed.
4 Appeals Protocol
- Introduction by the chair of the committee.
- The appellant is asked to establish their case as to why the decision was unjust. (Time: no more than one hour.)
- A representative from the committee outlines the findings and supporting evidence from the complaints process and the reasoning behind the findings. (Time: no more than one hour.)
- The chair may question all parties.
When the chair is satisfied there is sufficient information upon which to make recommendations, the proceedings are ended. The appellant is reminded the decision taken will be final. The chair shall prepare, within seven days, a brief report describing how the recommendation was reached. This is sent to Council; the Chair of Council will then notify the appellant of the decision.
If either party believes a complaint has not been fairly or fully investigated, they may appeal on grounds of procedure to the central final appeals process of UKCP, within 28 days of receiving the final report of the outcome of the complaint investigation.