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Procedures for the Establishment and Recognition of a New Sports Club
Procedures for the Financial Management of Sports Clubs
The primary objectives of the University are the dissemination and advancement of knowledge and understanding through teaching, research, study and rational discussion.
Any student who enrols for any course in the University in doing so accepts the objectives of the University and is giving a commitment, as a responsible individual and as a member of the University community, to behave in an appropriate manner.
The Student Code of Conduct offers guidelines as to the norms of behaviour that accord with the obligations of students, but where more specific requirements are in place, they are available on the University’s web site. It should be noted that Students of the University cannot claim any privileged position in regard to the general law of the land.
Breaches of this Code and of any University regulations make students liable to the imposition of sanctions.
In the broadest terms the University expects students to behave in a manner which ensures that the University can meet its legal, statutory and contractual obligations, that all students and staff are treated with dignity and respect, that all University property and facilities are used appropriately and that students uphold the good name of the University in their actions both on and off campus. The University will have due regard to a student’s right to freedom of speech within the law and to the relevant University policies.
The observance of the Code, so far as it applies to the individual student, is his/her personal responsibility and, so far as it applies to recognised groups, is the responsibility of their duly appointed officers.
Breach of any of the regulations of the University will be dealt with either under the appropriate approved University procedure or the Disciplinary Procedure as laid out in Section 6.0 below. Every student is required to cooperate with the disciplinary procedures outlined below. Failure to cooperate or failure to pay a fine or comply with a disciplinary sanction imposed for a breach of discipline (subject to any right of appeal applicable) is considered a breach of this Student Code of Conduct.
Without affecting the generality of the above the following identifies some specific examples of breaches of this Code:
Student behaviour in the wider community reflects on the University and the University will deal with complaints brought by members of the public to the University in respect of student behaviour under this Student Code of Conduct. In particular, students are obliged to behave in a manner that will not bring the University into disrepute when outside the precincts of the University. This includes, but is not limited to, a student’s place of residence and during a work placement, field work or clinical practice.
If a student is the subject of a criminal investigation or has criminal proceedings pending against him/her or has been found to have committed a criminal offence, the University may initiate, proceed with and/or suspend a disciplinary procedure as seems appropriate to it. In such circumstances, it may also suspend the student in accordance with the procedure as laid down at 6.3 below pending the outcome of the criminal process and/or the disciplinary procedure.
Designated Authority:
The University assigns day-to-day authority to certain staff to deal with the maintenance of order and discipline in their specific operational areas, e.g. Heads of Functions, Security Staff etc. Each of those staff is a Designated Authority for the purposes of the maintenance of order generally in the University and for the purposes of this Code.
Disciplinary Officer:
There shall be a Disciplinary Officer, as appointed by the President from time to time, whose function shall be to deal summarily with breaches of the Code brought before him/her or to refer the matter to the Discipline Committee of the University.
The Discipline Committee:
There shall be a Discipline Committee whose function shall be to deal with any matters referred to it by the Disciplinary Officer and to act as a board of appeal in respect of appeals lodged against the decision of either the Disciplinary Officer or of a designated authority in relation to matters covered by other University rules or regulations. The decision of the Discipline Committee when acting as a board of appeal shall be final.
The Appeal Board:
There shall be an Appeal Board whose function shall be to deal with appeals against the decisions of the Discipline Committee when the Discipline Committee is not itself acting as a board of appeal.
Membership
Academic Council shall nominate for a period of four years a panel of twelve people, ensuring that amongst the membership of the panel there are sufficient members capable of conducting a case through the medium of the Irish language.
The Registrar & Deputy President shall make nominations from this panel to the Discipline Committee and to the Appeal Board and these nominees will normally hold office for four years.
The Discipline Committee shall be constituted as follows:
Chairman, appointed by the President.
Three members of the Students' Union, nominated by the Students' Union.
Four members selected by the Registrar & Deputy President from the panel nominated by the Academic Council.
The Appeal Board shall be constituted as follows:
Chairman, appointed by the President.
Two members selected by the Registrar & Deputy President from the panel nominated by the Academic Council.
Two members of the Students' Union, nominated by the Students' Union.
An external member of Údarás na hOllscoile, appointed by the President.
In the event that the Chairman of either the Discipline Committee or the Appeals Board is not capable of conducting a case through the medium of the Irish Language, the President shall appoint a Chairman for the purposes of hearing a specific case through the medium of Irish. If the Chairman of the Discipline Committee or the Appeal Board is found to be implicated in any aspect of the case under review, a Chairman shall be nominated ad hoc by the President from among the members of the Academic Council.
In the event that an Academic Council nominee of either the Discipline Committee or the Appeals Board is not capable of conducting a case through the medium of the Irish Language, the Registrar & Deputy President shall appoint a member of the panel nominated by Academic Council for the purposes of hearing a specific case through the medium of Irish.
In the event that a Students' Union representative on either the Discipline Committee or the Appeals Board is not capable of conducting a case through the medium of the Irish Language, the Students’ Union shall appoint a representative for the purposes of hearing a specific case through the medium of Irish.
No person who is a complainant(s) or defendant in a particular alleged breach shall be entitled to act as a member of any of the bodies dealing with that breach. In such cases the Students' Union or the Registrar & Deputy President will nominate a replacement from the Student Union or the panel nominated by the Academic Council as appropriate.
Membership of the Discipline Committee and the Appeal Board shall be mutually exclusive. Nominated or appointed members of the Discipline Committee and Appeal Board, other than the members nominated by the Students' Union, shall hold office for four years or for the remainder of the term of the panel in the event that someone is appointed to the panel as a replacement.
Members nominated by the Students' Union shall normally hold office for one year, but such members shall not be precluded from reappointment.
A Designated Authority is empowered to investigate alleged offences in its appropriate area and to issue findings thereon. Subject to appeal, as set out below, the Authority's findings shall be final. A Designated Authority may refer the alleged offence to the Disciplinary Officer or directly to the Discipline Committee if, in the opinion of the Designated Authority the matter, by reason of its gravity or nature, would be more suitably considered by them.
Complaints other than those more appropriately dealt with by a Designated Authority will be made to the Disciplinary Officer. The Disciplinary Officer may immediately refer the matter to a Designated Authority or to the Discipline Committee if the Disciplinary Officer considers the charge by reason of its gravity or nature would more suitably be considered by a Designated Authority or the Discipline Committee or he/she may deal with the matter under the Summary Procedure outlined below.
The complainant(s) and the student(s) against whom the allegation is made may be present throughout all or any hearings in relation to the alleged offences. At any hearings the student(s) against whom an allegation is made will be entitled to the presence and assistance of a friend.
The Disciplinary Officer shall conduct a preliminary investigation of any complaints made to him/her. He/She shall as soon as is practicable arrange a meeting with the students(s) against whom the complaint is made in order to consider the case, interact with the students(s) and form an opinion on the seriousness of the case and if appropriate proceed to a finding. The students(s) will have the right to be accompanied to the meeting by a friend1. The Disciplinary Officer shall notify the students(s) that they are being interviewed under the conditions laid out in the Student Code of Conduct. The Disciplinary Officer shall also explain that it is the student’s right to refer the matter directly to the Discipline Committee for adjudication at any stage during the meeting. The Disciplinary Officer must confirm that the students(s) understands the process and is willing to continue.
If the student(s) against whom the complaint is made fails, without reasonable cause, to attend the meeting arranged, he/she/they shall thereby be in breach of the Code, and the Disciplinary Officer may proceed to a finding in his/her/their absence.
If deemed necessary by the Disciplinary Officer, the complainant(s) may be called to the meeting to give evidence. If he/she/they fail(s) to attend the meeting, without good reason, the Disciplinary Officer shall not proceed further in the matter, and shall regard the allegation made as withdrawn.
The Disciplinary Officer has the discretion to ask the President of the Students' Union to attend any meetings in an observational capacity.
The Disciplinary Officer shall ask the students(s) to accept or reject the accusation and shall offer to consider whatever submission the students(s) sees fit to make in regard to the charge. Where it proves impracticable for the Disciplinary Officer to arrange a meeting with the student, the Disciplinary Officer shall explain the rights of the students(s) by telephone or failing that by email or by registered letter.
The Disciplinary Officer shall decide whether or not to uphold the complaint.
The Disciplinary Officer, in the event that the complaint is upheld, may impose the following sanctions:
The outcome of the hearing shall be given in writing to the student. The students(s) shall be informed of their right to appeal the decision to the Discipline Committee, the procedure for lodging an appeal and the time limit for lodging an appeal.
The students(s) may, prior to or during the meeting with the Disciplinary Officer request that the matter be referred to the Discipline Committee for adjudication.
Where an alleged breach of discipline appears to involve two or more students, such students may be jointly charged and heard together.
In the event that a complaint has been referred to the Discipline Committee the Secretary of the Discipline Committee shall summon the student(s), against whom the complaint is made, to a meeting of the Discipline Committee. If the student(s) fails, without reasonable cause, to attend, he/she/they shall be in breach of the Code and the Discipline Committee may proceed to a finding in his/her/their absence.
The complainant(s) shall be asked to present the case to the Discipline Committee. If the complainant(s) fails, without reasonable cause, to attend the meeting the Committee shall not proceed further in the matter and it shall regard the allegation made as withdrawn.
The student(s) shall be asked to admit or deny the alleged offence. If the student(s) admits the substance of the charge or complaint to be true, it shall not be necessary for the complainant(s) to offer evidence, although both parties may make such verbal or written submissions as they wish in relation to the penalty.
If the student(s) denies the alleged charge, the subsequent procedure shall be fair and reasonable having regard to the nature of the offence and the penalties laid down in this Code.
In particular the following practices shall be observed:
(a) All the evidence shall be heard in the presence of the complainant(s) and the student(s) who may be accompanied by a friend to the hearing. The student(s) shall be given the opportunity to question any persons who are called by the complainant(s), who likewise may question any persons called by the student(s).
(b) The student(s) shall be given the opportunity of: offering evidence; calling such persons as he/she wishes to provide supporting evidence; and providing such documentation as is relevant to the issues.
(c) The complainant(s) and the student(s) shall be given the opportunity to make submissions after evidence has been taken including representations in regard to the penalty where the Discipline Committee has found that the charge has been proved against the student.
(d) The Committee shall deliberate in the absence of the complainant(s) and the student(s) and shall be entitled to seek legal advice on any legal matter arising in the course of the proceedings.
The determination of the Discipline Committee shall be given in writing to the student concerned and copied to the relevant Dean of College and/or University Officers as deemed appropriate by the Discipline Committee. The findings of the Discipline Committee when acting as a board of appeal shall be final. If appropriate, the students(s) will be informed of the right to appeal to the Appeal Board, the procedure for lodging an appeal and the time limit for lodging an appeal.
Any student(s) who is currently outside of Ireland may request the Discipline Committee to arrange a non-oral hearing of the Discipline Committee if the student(s) wishes to circumvent the necessity of travelling to Galway to attend an oral hearing. This will be considered by the Chairman of the Discipline Committee and where the Chairman decides to grant such a request, a Discipline Committee shall be convened to consider the allegation(s) against the student(s) on the basis of written submissions from the complainant(s), the students(s) and other relevant parties. The student(s) and the complainant(s) shall be given an opportunity to respond to the other’s submissions before the Committee meets.
A properly convened meeting of the Discipline Committee may proceed to a finding notwithstanding the absence of any member(s).
An appeal against the decision made and/or the penalty imposed may be lodged only by the student against whom the decision has been made. The appeal must be made to the Chair of the Appeals Board, through the Secretary of the Appeal Board, within two weeks from the date of issue of the decision of the Discipline Committee and the appellant shall submit to the Secretary of the Appeal Board, in writing, the grounds for appeal.
The date of issue of the said decision shall be the date on which the decision is posted to the student's address as appears on the University's register of students, or the date on which the said decision is handed to the student.
A copy of the appellant’s grounds of appeal including the appellant's submission, if any, shall be provided to the Appeal Board and copied either to the Chair of the Discipline Committee or, if the appeal is against the decision of the Disciplinary Officer, to the Disciplinary Officer who shall be asked to respond in writing.
The student has the right to make an oral submission to the Appeal Board. The Appeal Board may, at its discretion, and in the interests of justice, consider any further evidence or hear any other persons as it sees fit.
Where in the opinion of the Appeal Board and the requirements of justice so dictate, the Board may consider evidence which was not tendered at the hearing before the Discipline Committee but provided always that the intention to adduce such fresh evidence has been notified to the student or to the original complainant as the case may be, in time sufficient to enable the student or the complainant to consider properly the fresh evidence and to deal with it adequately at the hearing of the appeal.
The Appeal Board may:
(i) allow the appeal;
(ii) decrease or increase the penalty, or vary the nature of the penalty;
(iii) reject the appeal.
The determination of the Appeal Board shall be given in writing to the student and the complainant and copied to the relevant Dean of College and/or University Officers as deemed appropriate by the Appeal Board. The decision of the Appeal Board shall be final.
A properly convened meeting of the Appeal Board may proceed to a decision notwithstanding the absence of any member(s).
The President has the right to exclude any student until the next meeting of the Academic Council and such right may be invoked by him/her at his/her sole discretion. If the disciplinary procedures have not already been initiated they shall be initiated as soon as practicable following exclusion by the President. Where the President has excluded a student, the Academic Council at its next meeting shall have power to continue such exclusion until the matter has been dealt with by the Discipline Committee or otherwise.
Exclusion means inter alia that the student shall not be permitted to avail of any lectures, courses, facilities or services of the University for the period of exclusion. The excluded student is not permitted access to University property except for the purposes of attendance at any hearing of the Discipline Committee or Appeal Board.
When a breach of the Code has been established after due process any one or more of the following penalties may be imposed:
The appropriate body may, although the allegation is proved, refrain from imposing a penalty and give an absolute or conditional discharge.
In addition to any penalty or discharge, an order may be made requiring the payment of debt, damage or compensation under the further penalty of suspension or expulsion.
This Code shall be reviewed at intervals not less frequently than five years from its coming into operation, but it may be reviewed at other times on the decision of the Academic Council or at the request of the Students' Union, with the approval of the Academic Council. Any such review will be carried out by a Committee with equal membership, respectively, from the Academic Council and the Students' Union, under the Chairmanship of the President or of his nominee.
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