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Statute N.

Universities Act, 1997

University College Cork -- National University of Ireland, Cork

We, the Governing Body of University College Cork - National University of Ireland, Cork ("the University") under and by virtue of the powers conferred on us by the above Act, do by this present instrument under the Seal of the University make the Statute contained in the Schedule hereof for the general government of the said University.

Given under the Common Seal of the University this Sixth day of May 2008.

Present when the Common Seal of the University was affixed hereto:

(Signed)
M. Murphy, President.
M. Farrell, Secretary.

SCHEDULE

Statute N

The Statutes of University College Cork and Statutes A - M of University College Cork - National University of Ireland, Cork, shall be read and construed with the additions, modifications and amendments hereinafter set forth.

CHAPTER 1
Interpretation

  1. In this Statute:
    “Administrative Suspension” means an employee’s temporary absence from the University with pay where the employee is, or the employee’s alleged conduct is, subject to an investigation;

    “days” mean days when the University is not officially closed for business;

    “Demotion” means the transfer of an employee, following application of the Disciplinary Procedure, to an alternative position with a maximum rate of pay lower than the maximum rate of pay for the position held by the employee immediately prior to the transfer, to impress upon the employee the serious nature of his or her misconduct;

    “Director of Human Resources” means the person (by whatever name entitled) for the time being responsible for the management of the University’s human resource function;

    “Disciplinary Appeals Committee” means a committee constituted in accordance with Section 37 of Chapter 3;

    “Disciplinary Hearing Committee” means a committee appointed in accordance with Section 26 of Chapter 3 to investigate the conduct and/or performance of an employee. The members of a Disciplinary Hearing Committee shall comprise three appropriate senior members of staff, one of whom shall be appointed by the Committee to act as Chairperson. In the case of Academic staff, such members will ordinarily hold the title Professor or Associate Professor. Both genders will, where possible, be represented on all Disciplinary Hearing Committees;

    “Disciplinary Suspension” means the temporary suspension of an employee from the University, following the application of the disciplinary procedure, for a specified period without pay to impress upon the employee the serious nature of his or her misconduct. Disciplinary Suspensions may be applied progressively, ordinarily in the first instance for a period of five (5) days, and in the second and final instance for a period of ten (10) days;

    “Dismissal” means the termination of an employee’s employment with the University, following the application of the disciplinary procedure;

    “employee” means a person employed by the University in any capacity, and includes an Officer of the University;

    “established” means established in post prior to the commencement of this Statute or otherwise in accordance with procedures specified by the Governing Body following consultation with the Academic Council;

    “Final Written Warning” means a letter issued to an employee by the University conveying that the employee’s conduct continues to be unsatisfactory, notwithstanding that the employee has previously been issued with a First Written Warning. Final Written Warnings are placed on an employee's personnel file and shall form part of the employee's personnel record until removed, which will occur two (2) years from the date of the Final Written Warning, if no further disciplinary matter arises regarding that employee during that period. Should a matter arise which, in the opinion of the University, warrants disciplinary action of this kind or warrants further disciplinary action (where the employee has received a Verbal Warning and or First Written Warning), the employee will be issued with a Final Written Warning;

    “First Written Warning” means a letter issued to an employee by the University conveying that the employee’s conduct is unsatisfactory. Written warnings are placed on an employee's personnel file and shall form part of the employee's personnel record until removed, which will occur two (2) years from the date of the First Written Warning, if no further disciplinary matter arises regarding that employee during that period. Should a matter arise which, in the opinion of the University, warrants disciplinary action of this kind or warrants further disciplinary action (where the employee has received a Verbal Warning), the employee will be issued with a First Written Warning;

    “Gross Misconduct” means any act or omission, which may include but is not limited to the following:
    (a) theft, fraud or other act of dishonesty;
    (b) physical assault or intimidation;
    (c) deliberate falsification, misappropriation or destruction of primary or original documents (which includes, but is not limited to, paper records, any information or data kept on computer disks or in electronic form, and any other form of record) in contravention of the University’s records management policy as published and for the time being in force;
    (d) being unduly under the influence of alcohol or of illegal drugs or substances to such an extent as to impair one’s capability or performance in the course of one's work;
    (e) having illegal drugs, substances or materials on one's person or in one’s possession, custody or control on University premises, except in cases where for research purposes permission has been granted to hold such material;
    (f) aiding others in Gross Misconduct, either before or after the event;
    (g) misapplication or misappropriation of University equipment and/or property, including the use of University computers or networks to access child pornography;
    (h) breach of the University’s policy on bullying and/or harassment following the application of the University’s published policy for the time being in force in that regard,
    (i) breach of the University’s code or policy covering research ethics and/or conflict of interest following the application of the University’s published code or policy for the time being in force in that regard,
    where (1) that act or omission occurs within the University or in the course of employment and is so serious as to justify the University in terminating the employee’s contract of employment without having to go through other steps in the disciplinary process or (2) that act or omission is a serious criminal offence committed otherwise than within the University or in the course of employment and the commission of such an offence directly undermines the University’s trust and confidence in the employee’s capacity to perform his or her duties;

    “Head” means the academic head of an academic Unit (by whatever name called) or the administrative head of an administrative Unit, which shall include but not be limited to any company, firm or entity operating under the auspices of any particular department, and shall also include, in the case of employees who do not have a direct or indirect reporting relationship with such a person, the appropriate person within the University with whom the employee has a direct reporting relationship, and includes a person acting in that capacity;
    except where otherwise expressly provided, an “Officer” means —
    (a) the President, or
    (b) a permanent, full-time member of the academic staff of the University, or
    (c) another employee whose position the Governing Body has for the time being determined is an office of the University, or
    (d) a person who immediately before the 16th day of June 1997 was an officer of University College Cork and who continues to hold such office at the date on which this Statute comes into operation;

    “performance of duties” means the performance by the employee of the duties of the employee concerned (as specified in the employee’s contract of employment or otherwise) to the minimum standard which the University may reasonably expect;

    “representation” means, in accordance with section 4.4 of the Schedule to the Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 (SI 146 of 2000) the involvement of a colleague of an employee's choice or an officer or member of a Representative Association, but not any other person or body unconnected with the University, in representing the interests of an employee at each stage in the procedure;

    “Representative Association” means the trade union or entity chosen by an employee, and recognised by the University, to represent his or her interests with respect to terms and conditions of employment and staff disciplinary matters;

    “acceptable standards of conduct” mean normative and professional behaviour of at least the minimum standard which may be reasonably expected of the employees of a University, and includes the satisfactory performance of duties;

    “Unit” means the primary academic or administrative department or unit or research unit (by whatever name called) within which an employee works;

    “University” means University College Cork - National University of Ireland, Cork;

    “Verbal Warning” means a discussion between the employee and a Head or appropriate representative of the University regarding the employee's perceived unsatisfactory conduct, how it should improve and what consequences might ensue if it does not improve. Should a matter arise which, in the opinion of the University, warrants disciplinary action of this kind, an employee will be subject to a Verbal Warning;

    “Written Warning” means a First Written Warning or a Final Written Warning.
  2. Headings
    Sectional headings are not part of this Statute and shall not be construed or judicially noticed in relation to the construction or interpretation of this Statute.

CHAPTER 2
Tenure of Officers

  1. Tenure of pre-Universities Act Officers
    Every Officer of the University holding statutory office in University College Cork, prior to the 16th day of June, 1997 shall, unless otherwise agreed by such Officer, hold office until he or she attains the age of 65 as the ordinary retirement age for the holder of such office unless: (i) he or she retires from office earlier, resigns, dies, or becomes incapable by reason of physical or mental infirmity from continuing in office before attaining such age;
    (ii) he or she is removed from such office in accordance with law before attaining such age
    and each such Officer shall continue to enjoy terms and conditions no less beneficial than those enjoyed immediately before the commencement of the Universities Act 1997.
  2. Tenure of post-Universities Act Officers
    Each Officer of the University appointed and established by the University shall, unless otherwise provided in any contract of such Officer or governing the holding of such office and subject to any Statute or other law concerning such office, hold office until he or she attains the age for the time being prescribed in law or agreed in contract as the ordinary retirement age for the holder of such office unless:
    (i) he or she retires from office earlier, resigns, dies, or becomes incapable by reason of physical or mental infirmity from continuing in office before attaining such age;
    (ii) he or she is dismissed in accordance with procedures specified in a Statute of the University before attaining such age.
    In this Section, an “Officer” means —
    (a) the President, or
    (b) a permanent, full-time member of the academic staff of the University, or
    (c) another employee whose position the Governing Body has for the time being determined is an office of the University.
  3. Non-continuance on grounds of physical or mental infirmity
    The President shall determine any question, referred to him or her by the Director of Human Resources, of whether an Officer is incapable by reason of physical or mental infirmity of continuing in office. Before determining any such question, the President shall hear any submission by or on behalf of the Officer concerned and shall consider any other information he or she considers relevant, and any advice or opinion from any medical practitioner or expert retained by the University. If the President deems it necessary, he or she may instruct the Officer concerned not to report for work pending such determination. Where any Officer is dissatisfied with the President’s determination, he or she may appeal that determination within ten (10) days of its notification to him or her. Such an appeal will be considered by a Committee comprising three external members of the Governing Body appointed by the Governing Body for that purpose. That Committee may obtain such additional information and professional advice or opinion as it considers necessary and shall adopt such procedures as it considers appropriate for considering the appeal. It shall notify the appellant of those procedures. The Officer concerned shall not report for work pending the determination of any such appeal. The Committee’s determination on the appeal shall be final and binding.
  4. Preservation of certain powers
    Nothing in this Chapter shall remove, or inhibit the exercise of:
    (i) any power vested in the University or in any Officer of the University to continue any person in office beyond the age for the time being prescribed or agreed as the ordinary retirement age for the holder of that office;
    (ii) any power vested in the University in relation to the appointment of a Chief Officer in accordance with Section 24 and the Fourth Schedule of the Universities Act 1997 and the Statutes of the University;
    (iii) any power vested in the University in relation to the making or amendment of a superannuation scheme in accordance with Section 25 and the Fifth Schedule of the Universities Act 1997.
  5. Application not to impinge on academic freedom
    For the avoidance of doubt, nothing in this Statute shall authorise any action which conflicts with the preservation and promotion of academic freedom as specified in Section 14 of the Universities Act 1997.

CHAPTER 3
Disciplinary Procedure

INTRODUCTION
  1. Objective
    The conduct of employees is expected to contribute towards the achievement of the University's objects and functions as specified in the Universities Act 1997. When an employee’s conduct is unsatisfactory (as defined in Section 10 of this Chapter), then the employee may be subject to disciplinary action in accordance with this procedure.
  2. Informal resolution
    The University’s policy is to attempt to resolve issues outside of this disciplinary Procedure where appropriate. In such appropriate cases, the University may seek at any stage before or during the application of this procedure to resolve informally any matter regarding employee conduct which might be subject to this procedure. Where appropriate, this may involve a process of mediation.
APPLICATION
  1. Application to employees including Officers
    Subject to Sections 4 and 5 of this Chapter, this procedure shall apply to all employees of the University subject to the provisions of each employee’s contract of employment and, in the case of Officers, to any provisions of the Universities Act 1997 and of any Statute governing the office concerned.
  2. Non-application to pre-Universities Act Officers unless agreed
    Unless otherwise agreed by any such person, this Chapter shall not apply to any Officer referred to in Section 1 of Chapter 2. For Officers to whom Section 1 of Chapter 2 applies and who are not subject to this Chapter by agreement, the provisions of the following shall apply:
    Statute 1, Chapter IV, Sections 15 and 16 of University College Cork
    Statute 1, Chapter XXXIV, of University College Cork
    Statute 86, Chapter LXIV of the National University of Ireland.
  3. Application to non-permanent and probationary employees
    The application of this procedure shall not operate to renew or extend any contract of employment or any period of probation or establishment.
POWERS OF THE UNIVERSITY TO APPLY DISCIPLINARY SANCTIONS
  1. Powers in accordance with Universities Act
    Subject to Section 4 of this Chapter, the University may suspend, demote or dismiss any employee in accordance with Section 25 of the Universities Act 1997 following the application of this disciplinary procedure.
  2. Power of administrative suspension pending investigation
    In any case involving a complaint or allegation of misconduct of a serious nature, an employee may be the subject of a preliminary investigation, and the employee may be subjected to Administrative Suspension by the President in accordance with Section 25(6) of the Universities Act 1997 pending the result of such preliminary investigation and any disciplinary hearing and/or appeal. An employee shall be advised of any Administrative Suspension applied to him or her, at a meeting of which he or she shall receive at least 24 hours’ notice.
  3. Sanctions
    The disciplinary sanctions (each as defined in Section 1 of Chapter 1) available to the University are as follows:-
    (i) Verbal Warning;
    (ii) First Written Warning;
    (iii) Final Written Warning;
    (iv) Disciplinary Suspension;
    (v) Demotion;
    (vi) Dismissal.
  4. Delegation of powers of University
    All the powers of the University set out under this procedure are delegated to the President. A Head or the Director of Human Resources may issue a Verbal Warning or a Written Warning.
PRELIMINARY
  1. Conduct which may lead to disciplinary action
    Employees may be disciplined for breaching the terms of any Statute applicable to their office or position, the terms of their contract of employment (including any policies of the University available in written form, breach of which is stated in such policy to be capable of leading to disciplinary sanction), for failing to meet acceptable standards of conduct within the University or in the course of employment or for failure in performance of duties.
  2. Training and assistance in relation to performance
    The University recognises that performance of duties is a subjective matter and requires assessment and consideration prior to any action being taken. Where the matter at issue relates to an employee’s performance of duties, the Head will ensure that access to relevant training and assistance to help address any issue as to performance have been made available to the employee, and that the employee has had an opportunity to put any such training and assistance into practice, prior to any disciplinary action being initiated.
  3. Mediation or other informal resolution instigated by Head
    The Head may, on becoming aware of any matter which may be the subject of disciplinary action, discuss such matter with the employee concerned before formal disciplinary action is initiated and may invite the employee concerned (and any other employee or person involved) to participate in a process of mediation or other informal dispute resolution process recommended by the Director of Human Resources. The meeting at which any such discussion occurs (or any mediation or other process referred to) will be private and no formal record of the content of the meeting will be kept. However, the Head and the employee shall both sign a note recording that a meeting has taken place in relation to a matter which may be the subject of disciplinary action. Where relevant, all employees who participate in a process of mediation or other informal dispute resolution process shall sign a note recording that such a process has taken place in relation to a matter which may be the subject of disciplinary action. If no resolution follows, the University may invoke the disciplinary procedure.
  4. Right of employee to present case and to notice
    Formal disciplinary action should only be taken after the employee has had an opportunity to present his or her case and after due consideration has been given to all relevant matters. A disciplinary meeting shall be held with the employee for this purpose. An employee must be given at least seven (7) days’ notice in writing of a disciplinary meeting and must be advised by the University of his or her right to have representation at the meeting.
  5. Ordinary sequence of disciplinary action
    Ordinarily, disciplinary action shall be applied progressively, in the sequence of first, a Verbal Warning or warnings; secondly, a First Written Warning; thirdly, a Final Written Warning; fourthly, a more serious sanction, including Disciplinary Suspension, Demotion or Dismissal. However, in any appropriate case, the University may apply any sanction provided for in this procedure, whether or not a lesser sanction has previously been imposed on the employee concerned. In particular, if it is found that the employee has been guilty of Gross Misconduct, he or she may be dismissed without the need to apply a sequence of warnings, Disciplinary Suspension and/or Demotion.
FORMAL PROCEDURE
  1. Preliminary meeting where disciplinary action appears warranted
    Where it appears that an employee fails to meet acceptable standards of conduct within the University or in the course of employment or fails in performance of duties and the Head, having made such inquiries into the matter as he or she considers appropriate, forms the opinion that such conduct may warrant disciplinary action, the Head shall hold a private interview with the employee in order to:
    (a) ensure that the employee is made aware of the problem;
    (b) give the employee an opportunity to respond to the opinion of the Head and to explain the relevant facts and circumstances, if appropriate;
    (c) unless the employee’s explanation makes it unnecessary to take the matter further, explain to the employee how the University will deal with the unsatisfactory conduct should matters not improve within a time frame defined by the Head.
    Such an interview should occur promptly after the Head has formed the opinion that the employee’s conduct may warrant disciplinary action.
  2. Record of preliminary meeting
    The Head shall make notes of the interview referred to in the preceding Section. These notes shall not be placed on the employee’s personnel file, but shall be kept for future reference should matters not improve. The Head shall send two copies of these notes to the employee within seven (7) days of the meeting. The employee shall sign one copy of these notes as confirmation of the business of the meeting and return the signed copy within seven (7) days of receiving them. Should the Head and the employee fail to agree on the content of the notes, the assistance of the Director of Human Resources will be sought in order to reach agreement.
  3. Verbal Warning
    Where an employee fails to meet acceptable standards of conduct within the University or in the course of employment or fails in performance of duties and the Head, having held an interview under Section 15 of this Chapter, having allowed a defined time for matters to improve as referred to in Section 15(c), having made such further inquiries as he or she considers appropriate, and having given the employee a further opportunity to explain his or her conduct or failure, concludes that such failure warrants action to which a Verbal Warning is a proportionate response, may, having had regard to Section 13 of this Chapter, impose a Verbal Warning by meeting with the employee to inform the employee of the corrective action that needs to be taken. Such a meeting should include the following:
    (a) an explanation of the problem (including any failure or failures) for which the employee is being warned;
    (b) an explanation of how to correct the problem;
    (c) a plan of action for correcting the problem, with a time frame defined by the Head; and, if deemed relevant an offer of reasonable assistance;
    (d) an explanation of further action that will be taken should the employee fail to correct the deficiency in his or her performance.
    Such a meeting should occur promptly after the Head has concluded that the employee’s failure warrants action to which a Verbal Warning is a proportionate response.
  4. Record of Verbal Warning
    The Director of Human Resources (or a member of his or her staff nominated by him or her to act on his or her behalf) will attend the meeting referred to in the preceding Section in order to ensure that this procedure is complied with and to make a formal record of the meeting. The Head and the employee shall sign the formal record of the meeting.
  5. First Written Warning
    Where, having made such inquiries or further inquiries into the matter as he or she considers appropriate and having given the employee an opportunity to explain his or her conduct or failure, the Head forms the opinion that:
    (a) an employee’s conduct or failure which was the subject of a Verbal Warning has not been corrected or resolved by the employee concerned within the time frame referred to in Section 17(c) of this Chapter following the issuing of a Verbal Warning, or
    (b) an employee's conduct involves failure to meet acceptable standards of conduct within the University or in the course of employment or failure in performance of duties to which a First Written Warning is in the first instance a proportionate response,
    the Head will issue the employee with a First Written Warning setting out the nature of the concerns and advising that if the situation is not satisfactorily resolved within a specified period of time, the employee will be subject to further disciplinary action. Where a Verbal Warning has not previously been issued to the employee concerned, he or she shall be notified in the Written Warning of the matters set out in Section 17 of this Chapter, (a) to (d) inclusive.
  6. Final Written Warning
    If, following a First Written Warning, matters are still not resolved to the satisfaction of the Head within the period of time specified in the First Written Warning, the Head shall, having made such inquiries or further inquiries into the matter as he or she considers appropriate, and having given the employee an opportunity to explain his or her conduct, issue the employee with a Final Written Warning, again setting out the seriousness of the situation and advising that should matters not be resolved within a further specified period of time, the employee will be subject to further disciplinary action.
  7. Duration of Written Warnings
    Where a matter is resolved satisfactorily and no further matter which may be the subject of disciplinary action arises during the period of two (2) years from the date on which a Written Warning was issued, that Written Warning will be removed from the employee's personnel file. When a Written Warning is removed, the employee will be notified accordingly in writing. Letters confirming a Disciplinary Suspension, Demotion or Dismissal will be retained permanently on an employee’s personnel file.
  8. Notification to Director of Human Resources of Written Warnings
    A Head may consult with the Director of Human Resources prior to the issuing of any Verbal Warning or Written Warning and shall notify the Director of Human Resources of every Verbal Warning issued and shall provide the Director of Human Resources with a copy of every Written Warning issued.
  9. Appeals of Verbal Warnings or Written Warnings
    Verbal Warnings and Written Warnings may be appealed by initiating a grievance through the Grievance Procedure for the time being in force within the University, provided that such grievance is submitted within thirty (30) days from date of the disciplinary sanction concerned. Should a grievance be notified, the application of the sanction and any further action under this Chapter will be suspended pending processing of the grievance.
  10. Disciplinary Suspension, Demotion and Dismissal
    Where a final Written Warning has been issued and, having made such further inquiries into the matter as he or she considers appropriate and having given the employee an opportunity to explain his or her conduct, the Head forms the opinion that the employee’s conduct deficiencies persist, the Head shall promptly inform the Director of Human Resources, who shall report the matter to the President within seven (7) days of receipt of such information. Having considered the matter with the Director of Human Resources, the President may convene a Disciplinary Hearing Committee to conduct a disciplinary hearing.
  11. Complaint or allegation of Gross Misconduct
    Where the Director of Human Resources is made aware of a complaint or allegation about an employee of a matter constituting Gross Misconduct, he or she shall report the matter to the President within seven (7) days of receipt of such information. Having considered the matter with the Director of Human Resources, the President may, in addition to exercising the power of Administrative Suspension (if appropriate) under section 7 of this Chapter:
    (a) where he or she considers it desirable, appoint any person or persons (whether a member or members of the University or not) appearing to him or her to have suitable qualifications or experience to do so, to conduct a preliminary investigation into the matter to establish the sequence of relevant events and to report to him or her within a specified time-frame (not exceeding 21 days) as to what was the sequence of relevant events and whether there is demonstrated a prima facie case of conduct which should be the subject of a disciplinary hearing, in which case the President may, having considered any such report, convene a Disciplinary Hearing Committee to conduct a disciplinary hearing, or
    (b) convene a Disciplinary Hearing Committee to conduct a disciplinary hearing.
  12. Disciplinary Hearing Committee
    1. As soon as practicable after the appointment of the Disciplinary Hearing Committee, the Director of Human Resources shall, having consulted with the Head, write to the employee setting out fully the matter or matters concerning the employee which are to be the subject of the disciplinary hearing. That letter shall notify the employee of his or her rights:
      (a) to represent himself or herself before the Disciplinary Hearing Committee or to have representation;
      (b) to call witnesses;
      (c) to question witnesses;
      (d) to make submissions himself or herself or through his or her representative to the Disciplinary Hearing Committee, and
      (e) to apply to the Disciplinary Hearing Committee to be represented before the Disciplinary Hearing Committee by a legal representative and, where the employee is so represented, the Disciplinary Hearing Committee may authorise the person presenting the complaint against the employee to be represented before the Disciplinary Hearing Committee by a legal representative.
    2. The Disciplinary Hearing Committee shall notify the employee, the Head and the Director of Human Resources of the time (which shall not be sooner than twenty one (21) days from the date of such notification) and place fixed for the disciplinary hearing.
    3. Not later than fourteen (14) days before the date fixed for the disciplinary hearing, the Director of Human Resources shall send the employee and the Disciplinary Hearing Committee copies of all documents in the possession of the Head and/or the Director of Human Resources relevant to the matter or matters concerning the employee which are to be the subject of the disciplinary hearing, together with the names of any witnesses to be called by the University. A report prepared under Section 25(a) shall be copied to the employee, but shall not be copied to the members of the Disciplinary Hearing Committee.
    4. The person presenting the complaint against the employee may not rely on any document not copied to the employee or any witness whose name was not notified to the employee in accordance with Section 26(3) unless the Disciplinary Hearing Committee determines that the employee would not be prejudiced thereby. Where the person presenting the complaint seeks to rely on any such witness, the Disciplinary Hearing Committee may adjourn the hearing to allow the employee an opportunity to consider such document or witness.
    5. Not later than seven (7) days before the date fixed for the disciplinary hearing, the employee shall send the Disciplinary Hearing Committee (and copy to the Director of Human Resources) copies of any further documents on which he or she intends to rely at the disciplinary hearing, together with the names of any witnesses he or she intends to call. However, the employee shall not be precluded from relying on any document which was not included in the material so delivered or from calling any witness not notified.
    6. If the employee or the person presenting the complaint against the employee does not attend the disciplinary hearing, then the Disciplinary Hearing Committee may, in its discretion, either:
      (a) if the Disciplinary Hearing Committee is satisfied that such person had notice of that hearing and there is no good reason for his or her non-attendance, proceed to hear the matter in that person’s absence; or
      (b) adjourn the hearing to such other date, venue and time as the Disciplinary Hearing Committee may determine,
      and the Disciplinary Hearing Committee shall give notice of that decision to the employee and to the person presenting the complaint against the employee.
    7. A Disciplinary Hearing Committee may in its discretion grant extensions of time, adjournments and postponements where it considers it fair and proper to do so.
    8. A Disciplinary Hearing Committee may, where it considers it necessary or desirable, instruct a solicitor or brief counsel to assist it in ensuring the fair and proper conduct of the disciplinary hearing.
    9. Unless the Disciplinary Hearing Committee permits otherwise, the person presenting the complaint against the employee shall first summarise the substance of the complaint or complaints against the employee, and then present the materials and witnesses produced in support of the complaint. Any witness may be questioned first by the person presenting the complaint, then by or on behalf of the employee. The members of the Disciplinary Hearing Committee may question any such witness through the Chairperson.
    10. When all of the material on which the person presenting the complaint intends to rely has been presented, the employee or his or her representative may make a statement or address to the Disciplinary Hearing Committee in response, and shall then present the materials and witnesses produced in his or her defence. Any witness may be questioned first by or on behalf of the employee then by the person presenting the complaint. The members of the Disciplinary Hearing Committee may question any such witness through the Chairperson. The person presenting the complaint may then again address the Disciplinary Hearing Committee to sum up the matters supporting the complaint, to comment on the materials and witnesses presented by the employee and to make any submission on the matter.
    11. The employee or his or her representative may then finally address the Disciplinary Hearing Committee to comment on the materials and witnesses presented in support of the complaint, to sum up the matters raised in his or her defence and to make any submission.
    12. It is the responsibility of each of the employee and the person presenting the complaint to ensure that the witnesses whom they intend to call are present at the disciplinary hearing. The Disciplinary Hearing Committee may, on the written request of either party or in its own discretion, request any person to attend at the disciplinary hearing.
    13. Having heard and considered the case, the Disciplinary Hearing Committee will report to the President. The Disciplinary Hearing Committee’s report will be presented to the President and copied to the employee concerned within fourteen (14) days of the completion of the hearing, though the Chairperson may extend this period where he or she considers that the report cannot practicably be completed within this period.
    14. The President, having considered the Disciplinary Hearing Committee’s report, will determine what disciplinary action, if any, is to be taken. Such determination shall, where practicable, be made within seven (7) days of receiving the Disciplinary Hearing Committee’s report. In determining what disciplinary action, if any, is to be taken, the President may meet, or request more information from either the Disciplinary Hearing Committee or the employee before issuing his/her decision.
  13. Power to suspend or adjourn procedure pending criminal or other investigation
    The President or a Disciplinary Hearing Committee (or, where relevant, a Disciplinary Appeals Committee), having regard to any criminal investigation arising out of the matter which is the subject of action under this procedure, may suspend or adjourn any action or proceedings under this procedure until any such investigation and any action consequent upon such investigation is complete. The President may maintain any Administrative Suspension in force despite such suspension or adjournment of action or proceedings under this procedure. The President may review such suspension or adjournment, and any Administrative Suspension, from time to time.
  14. Decision to suspend
    If, having considered the report of the Disciplinary Hearing Committee, the President is of the view that the employee has committed a serious breach of conduct (short of Gross Misconduct) or that an employee has not responded to progressive disciplinary action and that the employee should be subject to a Disciplinary Suspension, the President, having consulted with the Director of Human Resources and relevant Head, will issue the employee with a letter of suspension setting out the reasons for, the duration of the Disciplinary Suspension, and the specific period in which it is to occur. The letter shall also advise the employee of his or her right to appeal as set out in this procedure and the effective date of the Disciplinary Suspension shall make accommodation for the stated appeal period. A copy of this letter will be placed on the employee's personnel file.
  15. Decision to demote
    If, having reviewed and considered the report of the Disciplinary Hearing Committee, the President is of the view that the employee has committed a serious breach of conduct (short of Gross Misconduct) or that the employee’s conduct has consistently failed to meet expected standards and/or that he or she has failed to respond to progressive disciplinary action, and that he or she should be the subject of Demotion, the President, having consulted with the Director of Human Resources and relevant Head, will issue a letter setting out the reasons for, and outlining the terms of, such Demotion and the date on which it is to take effect. The letter shall also advise the employee of his or her right of appeal as set out in this procedure and the effective date of the Demotion shall make accommodation for the stated appeal period. A copy of this letter shall be placed on the employee's personnel file.
  16. Review of decision to demote having regard to subsequent conduct
    The President may review, at any time, the situation of an employee who has been demoted if in his or her opinion the employee's subsequent conduct warrants it.
  17. Decision to dismiss
    If, having considered the report of the Disciplinary Hearing Committee, the President is of the view that the employee has not responded to progressive disciplinary action or where the nature of the employee’s misconduct (including Gross Misconduct) or failure to perform duties is so serious that it merits dismissal and that the employee should be dismissed, the President, having consulted with the Director of Human Resources and relevant Head, will issue the employee with a letter of Dismissal setting out the reasons for, and the circumstances which led to, the employee’s Dismissal and the date on which it is to take effect. The letter shall also advise the employee of his or her right of appeal as set out in this procedure and the Dismissal shall not take effect until the period for bringing an appeal has expired. A copy of this letter shall be placed on the employee’s personnel file.
  18. Substitute for person having functions under this procedure
    Where a Head is the subject of proceedings under this Chapter, or where such person was directly involved in the matter which is the subject of such proceedings (as a complainant, witness or otherwise) or for other good reason should be excused from performing such functions in any case, the President will nominate an appropriate person (who may be another Head or other Senior Officer) to perform the functions or responsibilities laid out in these procedures which would otherwise have been performed by the person who is the subject of the proceedings or otherwise directly involved.
  19. Governing Body to act where President the subject of procedure
    Where the President is the subject of proceedings under this Chapter, the Governing Body (which may act through a Committee) shall perform the functions or responsibilities laid out in these procedures which would otherwise have been performed by the President, and the University, through its Governing Body, will (where applicable) retain its power of suspension and Dismissal, to be exercised by the Governing Body.
  20. Substitute where President conflicted
    Where the President was directly involved in the matter which is the subject of such proceedings (as a complainant or witness) or should be excused from performing such functions in any case, an Officer nominated by the Governing Body, or a Committee of Governing Body designated for this purpose, shall perform the functions or responsibilities laid out in Chapter 2, 3 or 4 which would otherwise have been performed by the President. That Officer may exercise any power which would otherwise have been exercised by the President, and the exercise of any such power is in such a case delegated to such Officer. Where this section applies, any reference in Chapter 2, 3 or 4 to the President shall be deemed to be a reference to such Officer.
APPEALS FROM DISCIPLINARY SUSPENSION, DEMOTION OR DISMISSAL
  1. Notice of right of appeal
    Should the President decide upon the implementation of Disciplinary Suspension, Demotion or Dismissal, the employee will be advised of his or her right of appeal under this Chapter.
  2. Notification of appeal
    An appeal against Disciplinary Suspension, Demotion or Dismissal shall be notified in writing to the Secretary of the Governing Body within fourteen (14) days of the confirmation to the employee of the Disciplinary Suspension, Demotion or Dismissal.
  3. Disciplinary Appeals Committee
    1. Every appeal so notified will be decided by a Disciplinary Appeals Committee drawn from the Disciplinary Appeals Panel nominated by the Governing Body (comprising only external members of the Governing Body) from time to time. The Disciplinary Appeals Committee will be a sub-committee of the Governing Body, and shall be convened on the request of the Secretary of the Governing Body. Where the Governing Body exceptionally considers it necessary, it may invite one or more suitably qualified and experienced persons unconnected with the University to be a member of a Disciplinary Appeals Panel, either jointly with, or instead of, external members of the Governing Body.
    2. The Disciplinary Appeal Committee shall notify the appellant employee and the Director of Human Resources of the time (which shall not be sooner than fourteen (14) days from the date of such notification) and place fixed for the appeal hearing.
    3. The employee shall have the right:
      (a) to represent himself or herself before the Disciplinary Appeals Committee or to have representation;
      (b) to make submissions himself or herself or through his or her representative to the Disciplinary Appeals Committee, and
      (c) to apply to the Disciplinary Appeals Committee to be represented before the Disciplinary Appeals Committee by a legal representative and, where the employee is so represented, the Disciplinary Appeals Committee may authorise the person defending the appeal to be represented before the Disciplinary Appeals Committee by a legal representative.
  4. Procedures of Disciplinary Appeals Committee
    1. Not later than seven (7) days before the date fixed for the appeal hearing, the Director of Human Resources shall send the Disciplinary Appeal Committee, and copy to the employee, copies of all documents which were before the Disciplinary Hearing Committee, a copy of the Disciplinary Hearing Committee’s report, and any other record of the proceedings before the Disciplinary Hearing Committee.
    2. Not later than seven (7) days before the date fixed for the appeal hearing, the appellant employee shall, if he or she has not already done so, submit a statement in writing to the Disciplinary Appeals Committee, with copy to the Director of Human Resources, clearly setting out the grounds of the appeal.
    3. The appeal hearing shall be conducted promptly and in any event within 28 days of the receipt by the Secretary of the Governing Body of notification of the appeal, though the Chairperson of the Disciplinary Appeals Committee may extend this period where he or she considers that the appeal cannot fairly and practicably be determined within this period.
    4. Neither the appellant nor the person defending the appeal may rely on any document which was not before the Disciplinary Hearing Committee or on any witness unless the Disciplinary Appeal Committee considers that consideration of such document or witness is necessary to fairly decide the matter and there is a sufficient reason why such document or witness was not before the Disciplinary Hearing Committee. The Disciplinary Appeal Committee may adjourn the hearing to allow the other party an opportunity to consider such document or witness.
    5. The Disciplinary Appeals Committee may seek such information as it considers appropriate from the Disciplinary Hearing Committee in regard to the appeal, and shall copy such information, when provided, to the appellant employee and to the person defending the appeal.
    6. If the appellant employee or the person defending the appeal does not attend the appeal hearing, then the Disciplinary Appeal Committee may, in its discretion, either:
      (a) if the Disciplinary Appeal Committee is satisfied that such person had notice of that hearing and there is no good reason for his or her non-attendance, proceed to hear the matter in that person’s absence; or
      (b) adjourn the hearing to such other date, venue and time as the Disciplinary Appeal Committee may determine,
      and the Disciplinary Appeal Committee shall give notice of that decision to the appellant employee and to the person defending the appeal.
    7. A Disciplinary Appeal Committee may in its discretion grant extensions of time, adjournments and postponements where it considers it fair and proper to do so.
    8. A Disciplinary Appeal Committee may, where it considers it necessary or desirable, instruct a solicitor or brief counsel to assist it in ensuring the fair and proper conduct of the appeal.
    9. Unless the Disciplinary Appeals Committee permits otherwise, the appellant shall first summarise his or her grounds of appeal, and then present the materials by reference to the proceedings before the Disciplinary Hearing Committee in support of the appeal. When all of the material on which the appellant intends to rely has been presented, the person defending the appeal may address the Disciplinary Appeals Committee in response, and shall then present the materials produced in defence of the appeal. The appellant or his or her representative may then finally address the Disciplinary Appeals Committee in response.
    10. In determining the appeal, the Disciplinary Appeals Committee shall consider the application of the procedures followed by the Disciplinary Hearing Committee (and where relevant, by the Head) and the fairness of the decision made.
  5. Decision on appeal
    1. The Disciplinary Appeals Committee shall allow or dismiss the appeal and shall so inform the President and the appellant. Where the Committee allows the appeal on the grounds that the sanction imposed was too severe, it may recommend a lesser sanction than that originally imposed. Where the Committee dismisses an appeal, it may not recommend a sanction beyond that originally imposed.
    2. Where possible, the decision of the Disciplinary Appeals Committee on the appeal shall be notified to the President and to the employee concerned within fourteen (14) days of the hearing of the appeal, though the Chairperson of the Disciplinary Appeals Committee may extend this period where he or she considers that the decision cannot fairly and practicably be made within this period.
    3. The President shall take the necessary action to implement the Disciplinary Appeals Committee’s decision. Such action shall, where practicable, be taken within seven (7) days of receiving the Disciplinary Appeals Committee’s report and shall be notified in writing to the appellant employee and to the person defending the appeal.
  6. Suspension of sanction pending decision on appeal
    Subject to Section 5 of this Chapter, an appellant shall remain within the employment of the University while his or her appeal is subject to hearing. In the case of a Disciplinary Suspension or Demotion being appealed, the employee will remain in his or her current position pending the outcome of the appeal. In the case of a Dismissal, the employee will be neither required nor permitted to report for work beyond the date on which the Dismissal was to take effect pending the outcome of the appeal.
  7. Finality of decision on appeal
    The Disciplinary Appeals Committee's decision shall be final and binding and there shall be no further right of appeal within the University.

CHAPTER 4
Termination of employment on grounds of physical or mental infirmity

  1. Save where otherwise provided in any contract of employment with that employee, the President shall determine any question, referred to him or her by the Director of Human Resources, of whether any employee is incapable by reason of physical or mental infirmity of continuing in the employment of the University. Before determining any such question, the President, shall hear any submission by the employee concerned or his or her representative and shall consider any other information he or she considers relevant, and any advice or opinion from any medical practitioner or expert retained by the University. If the President deems it necessary, he or she may instruct the employee concerned not to report for work pending such determination. Where any employee is dissatisfied with the President’s determination, he or she may appeal that determination within ten (10) days of its notification to him or her. Such an appeal will be considered by a Committee comprising three external members of the Governing Body appointed by the Governing Body for that purpose. That Committee may obtain such additional information and professional advice or opinion as it considers necessary and shall adopt such procedures as it considers appropriate for considering the appeal. It shall notify the appellant of those procedures. The employee concerned shall not report for work pending the determination of any such appeal. The Committee’s determination on the appeal shall be final and binding.

CHAPTER 5
Repeal, commencement and citation

  1. Chapter 1 of Statute E of University College Cork - National University of Ireland, Cork is repealed on and from the date on which this Statute comes into operation.
  2. This Statute may be cited as Statute N of University College Cork - National University of Ireland, Cork or Stat. N. of U.C.C.
  3. This Statute shall come into operation on the Sixth day of May 2008.

Present when the Common Seal of the University was affixed hereto

(Signed)
M. Murphy, President.
M. Farrell, Secretary.