Formal Appeals Procedure
The Member Complained Against may appeal on the grounds detailed below.
An appeal against the finding of the Professional Conduct Panel must be submitted in writing by the deadline given, be accompanied by any supporting documentation and served upon the Chief Executive. The grounds for appeal will be considered by an independent person appointed by the Chief Executive.
An appeal can be against the findings of the Professional Conduct Panel and/or sanction imposed.
If the appeal is accepted, a notice to that effect shall be given to the Chief Executive and thereupon the appeal procedure set shall take effect.
If there is insufficient evidence to satisfy any of the grounds for appeal, the appellant will be notified in writing by the Chief Executive. This decision will be final.
Grounds for Appeal
An appeal will be considered on any of the following grounds:
- That the facts were found against the weight of evidence.
- That the sanction is disproportionate to the finding of the Professional Conduct Panel and is unjust in all the circumstances.
- There is evidence to suggest that a procedural impropriety may have had a material effect on the finding and decision of the Professional Conduct Panel.
- There is new evidence which was not available at the time of the Professional Conduct Hearing (subject to the conditions laid down in the relevant protocol).
Timescale for Appeal
Any appeal must be in writing, specify which grounds it is submitted under and be accompanied by any supporting documentation and served upon the Chief Executive within 28 days of notification of the decision and/or sanction of the Professional Conduct Panel.
Professional Conduct Appeal Panel
The Chief Executive will appoint not less than three people, who were not previously involved in the case, to decide the appeal (The Professional Conduct Appeal Panel).
Format of Appeal Hearing
Where there is an appeal on the grounds that the sanction is disproportionate, the Professional Conduct Appeal Panel will meet with the Member Complained Against. The panel will review all the submissions considered by the Professional Conduct Panel, and consider any other mitigating factors submitted by the Member Complained Against.
Where there is an appeal on other grounds the appeal will be by way of a re-hearing.
The same rules on representation will apply to the Appeal Hearing as per the original hearing.
Notification of Decision
The Chair of the Professional Conduct Appeal Panel will report the panel's decision to the Chief Executive of PTUK who will implement its decision. This decision will be final.
The decision of the Professional Conduct Appeal Panel will be notified to the respective parties in writing within 14 days of the appeal hearing.
Following the hearing of an appeal, where the appeal is rejected, the decision of the Professional Conduct Panel, incorporating any amendment by the Professional Conduct Appeal Panel, may be published in PTUK’s journal in such detail as deemed appropriate (such decisions will be based on considerations of public interest and severity of the findings).
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