Right of Appeal

Right to Appeal

Students found guilty of an act of general or academic or research misconduct have 20 working days (after receipt of the notice of decision concerned) to lodge an appeal.  The appeal must be delievered to the person responsible for appointing the relevant panel where the appeal is from the decision of the responsible officer.  The appeal must be delivered to the President of the Academic Board where the appeal is from a decision of a panel.

A student found to have committed an act of misconduct, may appeal against the finding of misconduct and penalty (unless the student admitted the misconduct) or the penalty alone.

Under the Regulations a student may appeal a finding of misconduct on one or more of the following grounds;

44(3)(a) subject to subregulation(4), a reasonable apprehension of bias on the part of the responsible officer or panel member; or

(b)  subject to subregulation (5), the penalty is excessive; or

(c)  new evidence exists that was not resonably available to the student during the investigation or hearing which had the potential to affect the outcome; or

(d)  a breach of the rules of natural justice which had the potential to affect the outcome of the investigation or hearing; or

(e)  the decision is so illogical or irrational that it could not have been reasonably made.

(4) Where a student did not lodge an objection against a panel member in accordance  with regulation 38, that student may only appeal on a ground of reasonable apprehension of bias based on the conduct of the panel member during the hearing.

(5) A student may not appeal on the ground that the penalty imposed is excessive where the penalty is a fine in an amount fixed by a notice under regulation 41(8).