The University Assessment Disciplinary Board is the board students appear before in case they are allegedly in breach of any of the provisions of article 39, of the University Assessment Regulations. In case there is a breach, a report shall be made in writing to the Registrar, and such reports shall be referred to the Assessment Disciplinary Board appointed by Senate. The University disciplinary board shall be composed of the Rector or his delegate, the Registrar or the vice, an academic member appointed by the senate, the Head of Department responsible for the Study Unit and a student appointed amongst the student representatives. With this new amendment, the students have the faculty to appeal a decision of the University Assessment Disciplinary Board to the University Appellate Board.
Composition of the Appellate Board
The appellate board shall be composed of two Pro-Rectors, one of whom shall be designated as Chairperson for each appeal, two academics not below the rank of associate professor; and a student appointed by Senate from among the students’ representatives on Senate. For the principles of natural justice to prevail, it is of essence that the people in this board are different from the ones the in the ordinary disciplinary board. Such members shall not be academic members of staff at the home Faculty of the student concerned. In addition, they shall declare any interest in or involvement with (i) the student, or (ii) the accusation prior to the commencement of proceedings, or (iii) both the student and the accusation. Then it would be up to the existing member of the appellate board to decide if the person challenged should continue or not.
Grounds of Competence
The board of appeal is bound to apply natural justice and procedural fairness. Appeals can only be permitted on specific grounds;
(a) where the decision of the University Assessment Disciplinary Board has breached a relevant regulation or bye-law;
(b) where the University Assessment Disciplinary Board acted in excess of its powers;
(c) where the right to a fair hearing was not followed in the proceedings before the University Assessment Disciplinary Board;
(d) where the decision of the University Assessment Disciplinary Board contains contradictory dispositions;
(e) where there was an error in the conduct of the proceedings before the University Assessment Disciplinary Board; and
(f) where any time frames as set out in the applicable regulations or bye-laws were not complied with.
Procedure
The student shall submit a written letter by not later than fifteen working days from the notification of the decision of the University Assessment Disciplinary Board. In addition, upon presentation of the letter one has to present the fee of €50. Following which the Appellate Board has to be convened as far as practicable within twenty-five working days. The student or any other person shall not make contact with any member of the University Assessment Appellate Board or with any of their family members during any stage of the proceedings. However, the student is entitled to the following rights;
(a) to summon witnesses;
(b) to produce evidence; and
(c) to submit before the University Assessment Appellate Board arguments either orally or in writing, or both as the University Assessment Appellate Board may determine.
This shall not be construed to be as advice but shall merely serve as a brief description of the role of the University Disciplinary Board and the introduction of the University Appellate Board. If you would like to get to know more about this please do not hesitate to contact us on [email protected].