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  Item Reference: KCLCAL-1979-1980-86

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General Information 93 Appeals An appeal shall lie from decision of the Principal or in the case of theological student the Dean in respect of decision taken by such officer in accordance with his jurisdiction to hear minor offences and also from decision of the Hearing Committee to an Appellate Committee ii Such an appeal may be an appeal against finding of the Principal or in the case of theological student the Dean or of the Hearing Committee or against an order made upon such finding iii Examples of the grounds on which an appeal may be brought are That the finding of guilt was based upon an error in law including an error in the construction of the Rules of the College That the procedure herein laid down was not correctly observed That the decision of the Hearing Committee was against the weight of evidence That the order made upon finding of guilt was too severe or was not appropriate iv The Appellate Committee shall consist of three persons to be appointed as follows One member of staff and one student who shall each be appointed by the Chairman and Vice-Chairman of the panel jointly and one person not being member of the staff or student of King's College appointed by the Dean of the Faculty of Laws No member of the Hearing Committee shall be eligible for appointment to the Appellate Committee Notification of intention to appeal shall be made in writing both to the Principal or in the case of theological student the Dean and to the Chairman of the Hearing Committee within fifteen days of the decision in respect of which the appeal is made vi An Appeal shall be by way of Case Stated full report of the proceed- ings before the officer of the College or the Hearing Committee as the case may be shall be submitted to the Appellate Committee In the case of hearing before the Principal or in the case of theological student the Dean the report shall be prepared by consultation between the Principal or the Dean being the person who undertook the hearing and the party charged in the case of appeals from the Hearing Committee the report shall be pre- pared by the Chairman in consultation with the Principal or in the case of theological student the Dean and the party charged Where it is not possible to produce an agreed report separate reports may be submitted by the Hearing Committee and the parties The report shall contain statement of the charge or charges full and clear account of the established facts on which it was based the evidence given by each witness and the reasons for the decision reached both in respect of the question of guilt and in respect of the order made on the finding of guilt and shall state the grounds of the appeal vii The Appellate Committee shall have power to reverse or modify the decision appealed from in any way provided that it shall not be competent to impose any measure which is more severe than that imposed by the order appealed from
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