The Qualified Person has the right to appeal on the following grounds:
- that additional evidence (which was not available at the time of the hearing) has subsequently become available and that this evidence could have materially affected the decision of the Disciplinary Panel;
- that the provisions of this procedure were not followed in a material respect resulting in prejudice to the Respondent's ability to defend him/herself;
Any appeal shall be made in writing to the CL:AIRE Executive, setting out the grounds, to be received within 21 working days of the date of notification of the decision of the Disciplinary Panel. An appeal shall include any new evidence if this ground is relied upon.
Upon receipt of an appeal, the Executive shall appoint an Appeal Panel to consist of three appropriate persons who may not include any person who was a member of the Investigation Panel or Disciplinary Panel sitting for the case in question (for example members of the CL:AIRE Technology & Research Group, Trustees, legal advisor).
The Appeal Panel shall consider the appeal and shall determine whether the decisions of the Disciplinary Panel should stand in whole or part or not. Generally the Appeal Panel will deal with matter based on written representations by the appellant.
The decision of the Appeal Panel, which may be taken by simple majority, shall be binding and shall be communicated to the CL:AIRE Executive. Such a decision may be to uphold or overturn or vary; the decision and/or sanction of the Disciplinary Panel and shall be final.
The CL:AIRE Executive shall inform the Respondent and the Complainant in writing of the decision of the Appeal Panel.