Conditions for an appeal
A complainant or respondent has the right to appeal the outcome of the investigation on the following grounds:
- There has been a material procedural irregularity which has demonstrably affected the outcome. In this instance, the appeal will focus on the conduct of the investigation in terms of fair process and adherence to procedure. It should be noted that an appeal is not a re-hearing of the original issues.
- There is material new information which one of the parties was unable, for valid reasons, to provide when the matter was being investigated and which would have significantly affected the outcome
Assuming the above conditions are met, the appeal is submitted to the HR Director/Registrar or nominee, within 10 working days of the notification of the outcome of the investigation. The appeal must be in writing and it must set out the grounds for seeking the appeal in sufficient detail.
Appointment of an Appeals Person
The HR Director/Registrar or nominee will appoint an external appeals person to conduct the appeal within 15 working days of the receipt of the appeal. The appointed appeals person will be an independently appointed third party. The appeal should be heard by another party, of at least the same level of seniority as – but preferably more senior than – the original investigator. This party should have had no involvement in the investigation. The complainant and respondent will be notified in writing with details of the appointed appeals person.
Format of the appeal process
The appeal will take place in the form of a review of the investigation process, including the investigators report, complainant, respondent and witness statements and any other evidence gathered as part of the investigation process. The appeals person reserves the right to meet with any party they deem necessary for the purpose of considering the grounds of appeal. The appeals person will communicate their decision in writing to both the complainant and respondent normally within 20 working days from the commencement of the appeal.
The appeals person can make one of the following decisions:
- Dismiss the appeal
- Uphold the appeal in whole or in part
- Uphold the appeal and direct that a new investigator be appointed to conduct a new investigation
The decision of the appeal’s person is final and may not be further appealed within UCD.