- Conference
- 2003 National Delegate Conference
- Date
- 20 February 2003
- Decision
- Carried
Delete sub-paragraph D.26(3).
Insert new sub-paragraph D.26(3):
“3)A member may appeal upon any or all of the following grounds:
(a)that the provisions of Rule I and Schedule D were not complied with at or before the original hearing, and/or;
(b)that the Committee’s decision to find a charge or charges proven was unreasonable, and/or;
(c)the sanction imposed by the Committee was unreasonable.”
Add new sub-paragraphs D.26(4), D.26(5) and D.26(6):
“4)Where an appeal is submitted in accordance with Schedule D26(3)(a), whether or not it is also submitted on other grounds, the Appeal Committee shall consider this ground of appeal first of all. The member or her/his representative shall present their case on this point in accordance with Schedule D.12, D.13 and D.14. The union representative shall then put forward their case on this point in the same way. The Appeal Committee shall then deliberate on this point in private. If the Appeal Committee finds that Rule I and Schedule D were complied with they shall dismiss this ground of appeal and proceed to hear any other grounds of appeal. If the Appeal Committee finds that Rule I and/or Schedule D were not complied with they shall refer the charge(s) back to the body which brought the disciplinary charge.
5)Where an appeal is submitted in accordance with Schedule D26(3)(b), whether or not it is also submitted in accordance with Schedule D26(3)(c), the appeal shall take the form of a rehearing of the charge, in accordance with the procedure set out above for the initial hearing. No material that was not before the initial hearing may be introduced, unless it is material evidence which could not reasonably have been available to either party at the time of the initial hearing. The appeal hearing shall not reopen consideration of any charge(s) which were dismissed at the initial hearing. If the Appeal Committee decides that a charge is not proved they shall dismiss that charge. If the Appeal Committee decides that one or more charges are proved, they shall then decide whether to uphold the sanction imposed at the initial hearing, or to substitute a lesser sanction.
6)Where an appeal is submitted in accordance with Schedule D26(3)(c), the Committee shall consider anything that the member or her/his representative wishes to submit in mitigation. The Appeal Committee shall then decide whether to uphold the sanction imposed at the initial hearing, or to substitute a lesser sanction.”