Procedural Rules for Lodging Petitions


PART I: INTERPRETATION

“Petitioner” means a member of staff or a student of The University of the West Indies who has lodged a petition with the Visitor.


“Staff” means academic, senior administrative and professional staff; administrative, technical and service staff and such other persons in the employment of The University of the West Indies engaged in teaching or research or both or in the overall management of the University and/or that of its systems and/or component parts in support of the teaching, scholastic, research and/or the wider stated mission of the University but does not include persons engaged as independent contractors.


“Student” means a person who is registered as a student of The University of the West Indies during a current academic year for a first or higher degree, diploma, certificate or such other qualification or courses of the University as may be approved by the Senate as qualifying a person for the status of a student, but does not include a student of an affiliated institution who is registered for examinations leading to the degrees, diplomas, certificates and other academic awards of the University.


“Visitor”means the person appointed under the revised Article 6 Royal Charter of The University of the West Indies dated the 7 th day of November 2018.


“University” means The University of The West Indies.


PART II: GENERAL PRINICIPLES

      1. Any matter within the jurisdiction of the Visitor shall be commenced, proceeded with and disposed of by the Visitor in accordance with these Rules.

      2. The Visitor will exercise his/her jurisdiction based on the principles of fairness, natural justice and confidentiality.

      3. The Visitor reserves the right to vary these Rules where required in the interest of justice, including the right to extend or abridge time as the case may be.

      4. The Visitor will be provided with such administrative support by the University as may be required for the efficient performance of his/her duties. In the performance of his/her duties the Visitor shall be assisted by such person(s) as he/she deems fit.

PART III: JURISDICTION

      5. Any staff or student who is aggrieved by a decision of the University or a decision made on behalf of the University concerning the interpretation and application of the University’s Charter, Statutes, Ordinances, Regulations and other governing instruments may apply to the Visitor for a review of the decision.

      6. Any decision made before May 1, 2019 which was already being adjudicated by the previous Visitor or a delegate of the previous Visitor will not be reviewable by the Visitor.

PART IV: PETITIONS

      7. A member of the staff or student of the University may lodge a petition with the Visitor seeking a review of a decision of the University or a decision made on behalf of the University concerning the interpretation and application of the University’s Charter, Statutes, Ordinances, Regulations and other governing instruments.

      8. A petition may only be lodged with the Visitor after the Petitioner has exhausted all internal avenues and/or mechanisms available to the Petitioner for the resolution of his/her grievance.

      9. Every petition must:
      a. be made in writing and signed by the Petitioner;
      b. be lodged within sixty (60) working days of the decision which is subject of the Petitioner’s grievance;
      c. be addressed to;
      The University Visitor
      The University of the West Indies
      Regional Headquarters
      Kingston 7, Jamaica, W.I.
      Email: thevisitor@uwi.edu

      d. be submitted in duplicate hard copy and via email in electronic (pdf) format;
      e. include a clear statement of the nature and grounds of the Petitioner’s grievance and the steps taken to resolve same; and
      f. be accompanied by all supporting documentation upon which the Petitioner intends to rely.

      10. The Petitioner must certify on the petition that the contents are true and that all internal avenues and/or mechanisms have been exhausted.

PART V: RESPONSES

      11. Upon receipt of a petition, the Visitor will provide the University Registrar and any other party named in the petition with a copy of the petition along with any relevant documentation. Both the University Registrar and any other party named in the petition will be given the opportunity to respond.

      12. Every response must:
      a. be made in writing and signed;
      b. be lodged within (30) working days of the date of the petition;
      c. be addressed to:
      The University Visitor
      The University of the West Indies
      Regional Headquarters
      Kingston 7, Jamaica, W.I.
      Email: (University to provide dedicated email address)
      d. be submitted in duplicate hard copy and via email in electronic (pdf) format;
      e. include a clear statement of the reasons explaining the decision which is the subject of the Petitioner’s grievance; and
      f. be accompanied by all supporting documentation upon which the party intends to rely.

PART VI: REVIEW BY THE VISITOR

      13. Upon receipt of a petition, the Visitor will determine whether the Petitioner has exhausted all internal avenues and/mechanisms available for the resolution of the dispute with the University. If the Petitioner has not exhausted all such avenues, the petition will be summarily dismissed.

      14. In the cases where the Petitioner has exhausted all internal avenues and/or mechanisms, the Visitor will undertake a preliminary assessment to determine whether the matters alleged in the petition are sufficiently serious to warrant a review by the Visitor. The Visitor may seek independent advice when making such assessment. At the end of such assessment if the Visitor considerers that the petition does not warrant a review, the Visitor will promptly notify the Petitioner of his/her decision.

      15. A review may, at the discretion of the Visitor, include a request for written submissions, statements and/or interviews with all relevant persons including the Petitioner.

      16. A review may, at the discretion of the Visitor, be conducted with or without a hearing.

      17. Where the Visitor determines that there shall be a hearing of the whole or any part of the petition, the Visitor shall notify the parties of the date, place and time of the hearing.

      18. Hearings can be conducted in person or via teleconference or other electronic means.

      19. All hearings will be conducted by the Visitor who may be supported by Junior Counsel and/or specialist advisers and administrative personnel of his/her choice.

      20. At a hearing a Petitioner may be accompanied by a friend, colleague, counsellor, trade union representative or legal adviser. As a general rule, each Petitioner will be allowed one such person to accompany them.

      21. Any person (including a legal adviser) accompanying a Petitioner at a hearing will not ordinarily be permitted to address the Visitor or speak on behalf of the Petitioner. However, the Visitor may, in the interest of justice, in his or her sole discretion permit oral submissions in accordance with his or her directions.

      22. (a) Any person (including a Legal Adviser) accompanying a Petitioner at a hearing will not be permitted to cross-examine a person who has provided information to the Visitor.
      (b) Upon an application by a party the Visitor may grant permission to cross-examine another party on information adduced at the hearing before the Visitor for the first time. The Visitor may allow such cross-examination in the interest of justice in his or her absolute discretion.

      23. All hearings will be officially recorded by way of transcript. The transcript as certified by the Visitor will be considered final and accurate.

 

 

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