Disciplinary procedure complaint process

1. A complaint or submission calling for a matter to be considered by a National Disciplinary Committee (NDC) shall be made in writing specifying the charge or issue within the jurisdiction of the NDC to the General Secretary.  The jurisdiction of the disciplinary committee is set out in paragraph 1, Appendix A, NEU rules.
2. The General Secretary will in most cases refer the complaint to the Regional/Wales Secretary for the Region to which the member complained against belongs.  The Regional Secretary for that Region or the Wales Secretary in Wales shall usually act as Secretary to the Committee in the case.  The GS shall have the discretion to appoint to a Regional/Wales official outside the member’s area.  This will usually be the Regional/Wales Secretary or a Senior Regional Officer. 
3. All complaints are to be acknowledged and the complainant shall be offered the opportunity to resolve the matter through conciliation. Where this is agreed, conciliation shall be facilitated by a member of the union with not less than 10 years standing (in the NEU and legacy unions), appointed by the regional/Wales Secretary following consultation with executive members for the area, who is acceptable to both parties. Where conciliation takes place, time limits shall be paused until the conciliation is concluded, and the regional Wales Secretary shall notify the parties when such time limits begin to run again if conciliation proves unsuccessful.  If conciliation is successful, the Secretary shall notify the parties of the agreed outcome of the conciliation and a copy of this should be sent to the General Secretary for Executive adoption. Conciliation can be requested at any time through the process, by either party but agreement must be secured within five days for conciliation to proceed.  A different format of conciliation can be offered to parties at the end of the process with a view to assisting parties in moving forward.
4. If conciliation does not take place or is not successful, the complainant will be sent a copy of the complaints procedure and asked to complete the template complaint form. The complainant shall set out the substance of the complaint and must attach all supporting written evidence and witness statements, in A4 format, in the order in which the complainant intends to present the evidence.  Only material which is directly relevant to the matters at issue should be included but, in any event, this should be limited to 30 pages other than in exceptional circumstances. 
5. The date on which the complaint is received is the date on which the completed template and supporting evidence is received at the office.
6. Complaints will not be considered unless made within six months of the circumstances giving rise to the complaint unless the NDC finds exceptional reasons for doing so.  The question of whether the complaint can proceed as within the jurisdiction of the NDC under the Union rules will be considered by the NDC.  Such preliminary matters should be considered at a meeting (Preliminary Review Meeting) which may be held by videoconference, Teams or Zoom.  A PRM can be convened before a complaint is sent to the respondent if the Secretary to the NDC considers that it may be outside the jurisdiction of the NDC.  Where this is the decision of the NDC, it shall be relayed to both the complainant and the respondent and the respondent shall have the opportunity to receive a copy of the complaint. 
7. In accordance with the Code of Professional Conduct, the Panel will take into account that freedom of speech includes the right to challenge and contest others’ views, respecting the right of oppressed groups to identify prejudice and discrimination. 
8. The Secretary to the NDC shall provide the respondent with a copy of the complaint, with all supporting written evidence submitted and a copy of the Complaints Procedure. The respondent shall provide a response to the complaint within 15 working days (see paragraph 47 for definition), attaching any supporting evidence including witness statements.  All supporting evidence and witness statements should be in A4 format, presented in the order in which the respondent intends to present their case. The respondent’s completed template with attachments should include only material which is directly relevant to the matters at issue should be included but, in any event, this should be limited to 30 pages other than in exceptional circumstances. 
9. A friend/ companion can be engaged to assist throughout the process (see paragraph 24).  A companion is also bound by the confidentiality requirements as a party to the disciplinary process. 
10. Once a complaint against a member has been submitted, any complaint by the party complained against will either by treated as a defence to the original complaint made or treated as a separate complaint and stayed until the original disciplinary process is completed.  This decision will be taken by the NDC as a preliminary matter at a Preliminary Review Meeting (PRM).  
11.  Where it is necessary for a PRM to be held, this will take place as soon as practicable after submission of the respondent’s response (see para 12 below). At the PRM, the NDC shall consider such preliminary matters as referred to in paragraphs 6 and 8 above.  The PRM may decide to admit late papers, grant, or refuse a request for postponement, consider a request from a party to call more than 3 witnesses, hold a meeting outside the school week or deal with other procedural matters as necessary, where it believes that there are good reasons to vary the provisions set out in this procedure. The PRM may establish a timetable for steps to be taken by the parties up to the date of hearing and may set limitations on the length of the hearing.

12. The complaint will be heard by a National Disciplinary Committee consisting of five members drawn from the Panel for the National Disciplinary Committee and the National Appeals Committee.  A diverse Panel will be sought with this being particularly important in cases alleging discrimination. 
13. The NDC NAC Panel comprises 17 members (one per electoral district). 
14. A Committee Chair may be elected by email prior to the PRM or prior to the NDC meeting.
15. A Preliminary Review Meeting (PRM) where necessary will be held as soon as practicable after the receipt of the respondents’ paperwork. This review can be held remotely, and the participants will be the Committee Chair and two members of the Committee with the Secretary.  
16. At the Review stage, the NDC can agree that

• the case does not fall within the jurisdiction of the NDC (including time limits, membership, and other reasons); or
• the case does not fall under any of the disciplinary headings in Appendix A of the Rules; or
• There is no case to answer
• There is no case to answer and the case is vexatious
• The case should proceed to a full hearing.

17. Reasons for the decision will be given but there is no appeal from a decision of the PRM that the case cannot proceed.
18. Following the PRM, if such takes place, and in any event at least 10 working days (see paragraph 47) before the full hearing date, the Secretary shall combine the papers submitted by the parties into a single hearing bundle.
    
     

19. A hearing will normally be held as soon as is practicably possible from the date that the complaint is received, during the same school term other than in exceptional circumstances. The Secretary shall seek to ensure that the case is heard within the same school term as the complaint was made.
20. At least ten working days’ notice of the hearing date will be provided to both parties.
21. The hearing will be held at a venue near the Regional/Wales Office, or virtually, and the venue costs will be met centrally.
22. Parties can each call up to three witnesses in-person, unless they have been granted permission by the Committee to call more for exceptional reasons. Character witnesses will submit a statement only and shall not attend in person.
23. Witness statements should be submitted with the initial complaint or response to the complaint.  Witness statements to include: 

• A brief Union/career resume from the witness in order to establish their credentials and make clear the relevance of the witness’ evidence to the proceedings.
• A statement of the relevant facts as perceived by the witness, chronologically or otherwise rationally ordered. 
• A signed and dated statement that the record is a true and correct record to the best of the witness’ knowledge and belief. 

24. Parties to an NDC/NAC will not call Union staff as witnesses, unless the staff member(s) were previously local officers at the time of the incident before the NDC/NAC.
25. Each party shall be entitled to attend the hearing by the Committee accompanied by a friend who shall be a member of the Union with the right to call and examine witnesses. No persons other than the parties, their friends, and their witnesses when required shall be present at the hearing. 
26. The NDC panel may consider any additional procedural questions arising between the date of PRM and full hearing, including any questions relating to postponement of the hearing.  In exceptional circumstances where every reasonable effort has been made to hold the hearing and should it appear to the NDC panel that a party is seeking to frustrate the process, the Panel should review the case and can decide to proceed with the hearing with the party’s companion presenting or defending the case, or if necessary, in the absence of a party, taking into account the need for fair process.  
27. The national Union will meet travel costs for parties and witnesses but will not reimburse for loss of earnings.  This would be the case if a member was attending an ET as a witness in support of a member.  In exceptional circumstances (acute hardship), a witness can apply to the NDC panel for financial support which would be capped at £50.
28. All parties shall abide by the Code of Professional Conduct throughout the process and the Chair will remind parties at the outset of a hearing that the Union’s behaviour code will apply. 

29. Following consideration of the complaint a National Disciplinary Committee may either dismiss the complaint or find the complaint justified.  If the National Disciplinary Committee find the complaint justified, they may impose one or more of the following penalties:

• reprimand and warning as to future conduct;
•  severe reprimand and censure;
• suspension from the Union for a fixed period;
• removal from office or accreditation held by the member either indefinitely or for a specified period;
• disqualification from holding office or role in the Union either indefinitely or for a specified period;
• exclusion from the Union.

30. The complainant and respondent will be informed in writing by the Secretary of the NDC of the outcome of the hearing as soon as is practicably possible but within 10 working days and the full report will be sent within 20 working days.
31. In the event of sanctions (a) or (b) being imposed, the letter from the NDC Secretary relaying the full report and sanction to the party shall set out the warning as to future conduct or a detailed censure with details of who will be informed of the sanction (the Executive, the parties and, in certain circumstances, district or branch committee members), and information as to the length of time the sanction will remain on record.
32. The decision will inform the parties of the rights of appeal to the National Appeals Committee.

Appendix A: 

33. An appeal from a decision of a National Disciplinary Committee will be heard by a National Appeals Committee consisting of five members drawn from the Panel for the National Disciplinary Committee and the National Appeals Committee.  The Panel members who form the National Appeals Committee shall not in any way have been involved in the decision made by the National Disciplinary Committee. The form of the appeal will, in accordance with the rules, be as set out in paragraphs 27 to 30 or 31 to 34.
34.  Operation of the penalty of the National Disciplinary Committee shall remain suspended pending the decision of the National Appeals Committee which shall be final.

Appeal by respondent 

35. When a National Disciplinary Committee complaint has been found to be justified the member complained about, now called the appellant, has a right of appeal in respect of the finding and the penalty provided that the appeal is submitted to the General Secretary within the time limit and in the manner set out in these written procedures. The appeal must be in writing and set out the grounds for the appeal and must be received within 10 working days of receipt of full decision. The appellant must set out the grounds of appeal, including any findings of fact which the appellant wishes to challenge, along with page numbers of supporting evidence from the NDC bundle, including page numbers of witness statements of witnesses the appellant wishes to call, or relevant paragraphs of the NDC decision.
36. The secretary shall provide the defendant to the appeal (complainant before the NDC) with a copy of the appeal setting out the full grounds and supporting evidence.
37. The defendant to the appeal shall, within 10 working days of receipt of the appellants case, respond setting out the grounds on which the appeal will be resisted, including page numbers of supporting evidence including any witness statements, from the NDC bundle.
38. The full bundle of papers shall be sent to the parties and the Committee at least ten days in advance of the hearing.  The onus shall be on the parties to ensure all paperwork is submitted in time.  The bundle of papers for the hearing shall contain the papers for the NDC.
39. The appeal will be heard by the National Appeals Committee. The chair of the NAC may decide to hold a preliminary review meeting in order to consider any preliminary matters. It is not necessary for the appeal to take the form of a full re-hearing, as not all matters may be in dispute. The NAC hearing must, however, allow an opportunity for the appellant to challenge any findings of fact made by the NDC and to make representations as to why the NAC should overturn the decision of the NDC.
40. The secretary will inform the parties of the date of hearing of the appeal, giving at least 10 working days’ notice.  If either party cannot attend, a further date will be offered within 10 days of the first.  If either party cannot attend on the rescheduled date, the hearing will be held with their companion in attendance.
41. The National Appeals Committee has full powers to remove any penalty imposed by the National Disciplinary Committee or to replace any penalty imposed by the National Disciplinary Committee with an alternative penalty or penalties as allowed by these Rules save that the National Appeals Committee may not impose a more severe penalty than the penalty imposed by the National Disciplinary Committee.
42. Complainant and respondent will be informed in writing by the secretary of the outcome of the hearing as soon as practically possible but within 10 working days. The full decision will be sent within 20 working days.

Appeal by complainant 

43. When a National Disciplinary Committee complaint has been found not to be justified the member who has made the complaint, now called the appellant, has a right of appeal limited to the process or procedures by which the decision was made and not relating to the substance or merit of the decision provided that the appeal is submitted to the General Secretary within the time limit. The appeal must be entered by completing the appeal template and must be received within 10 working days of receipt of the full decision, setting out the grounds and basis of the appeal and any supporting documents or evidence, including witness statements relating to the process or procedures followed, and any paragraphs of the NDC decision which are challenged.
44. The secretary shall provide to the defendant to the appeal (the chair or other member of the NDC panel) with their copy of the appeal setting out the full grounds.
45. The defendant to the appeal shall, within 10 working days of receipt of the appellants case, respond setting out the grounds on which the appeal will be resisted, including any supporting documents or evidence including witness statements relating to the process or procedure is followed.
46. No new evidence shall be introduced at the appeal stage.  In exceptional circumstances only, the NAC can agree submission of new evidence if it could not reasonably have been obtained by the complainant/respondent at the NDC stage and can be shown to be directly relevant to the appeal.  Evidence that relates to events after the original complaint will not be introduced. 
47. The appeal will be heard by the National Appeals Committee. The chair of the NAC may decide to hold a preliminary review meeting in order to consider any preliminary matters (see Section F)
48. The secretary will inform the parties of the date of hearing of the appeal, giving at least 10 working days’ notice.
49. The National Appeals Committee has full powers to remove any penalty imposed by the National Disciplinary Committee or to replace any penalty imposed by the National Disciplinary Committee with an alternative penalty or penalties as allowed by these Rules save that the National Appeals Committee may not impose a more severe penalty than the penalty imposed by the National Disciplinary Committee.
50. Complainant and respondent will be informed in writing by the secretary of the outcome of the hearing as soon as practically possible but within 10 working days. The full decision will be sent within 20 working days.

51. The complaint will be heard by a National Appeal Committee consisting of five members drawn from the Panle for the National Disciplinary Committee and the National Appeals Committee.  A diverse Panel will be sought with this being particularly important in cases alleging discrimination.
52. The NDC NAC Panel comprises 17 members (one per electoral district).
53. A committee chair may be elected by email prior to the PRM or prior to the NAC meeting.
54. A Preliminary Review Meeting (PRM), where necessary, will be held as soon as practicable after the receipt of the respondents’ paperwork.  This PRM can be held remotely and the participants will be the Committee Chair and two members of the Committee with the Secretary.
55. At the Review Stage, the NAC can agree that:

• The appeal has not been presented in accordance with the requirements of the Procedure (including time limits, explanation of ground(s) of appeal)
• The appeal shows no arguable case
• The appeal shows no arguable case and is vexatious
• The case should proceed to a full hearing. 

56. Reasons for the decision but there is no appeal from a decision of the PRM.
57. Following the PRM, if such takes place, and in any event at least 10 working days (see paragraph 47) before the full hearing date, the Secretary shall combine the papers submitted by the parties into a single hearing bundle. 
    
     

58. All proceedings shall be confidential save that:

• If the matter proceeds to an NDC or NAC, the outcome will be communicated to the Executive and to the complainants and may be published in such manner as the Executive may decide;
• The Secretary to the NAC reserves the right to inform any relevant party of the referral to, and any decisions of, the Preliminary Review Panel, the NDC or the NAC where this is considered appropriate and necessary.

59. The format of the outcome reported to the Executive will be limited to the decision of the NDC/NAC and the sanction applied.  The sanction takes effect from the completion of the disciplinary procedures and not when it is reported to the Executive. 

60. ‘Working day’ will be school/college term dates.   Where a members’ working pattern is not term-time only or the parties’ term dates differ, the Panel will take this into account when agreeing the timetable at the PRM.
61. The date on which the complainant submits their complaint on template with supporting evidence (‘the complaint’) is the date on which the case begins.
62. The respondent is provided with a copy of the complaint and given 15 working days to provide a response.
63. A preliminary review of the case will be held as soon as possible after receipt of the respondent’s case.
64. If the case proceeds to a full hearing, this will normally be held within 30 working days of the complaint being received.
65. The complainant and respondent will be informed in writing by the Secretary of the NDC of the outcome of the hearing as soon as is practicably possible but within 10 working days and the full report will be sent within 20 working days.
66. Any notice sent to parties by post shall be deemed to have been received on the second working day after posting.  The parties may confirm that they are willing to accept service by email and any notice sent to them by email shall be deemed to have been received on the date on which the email is sent.

67. If a party is suspended pending hearing and incurs any expenses during their suspension, they should normally claim these from their district.  These should be minimal given that they will have been suspended from all district roles and any ‘phone or internet charges should have been transferred to the remaining committee members who covered the suspended officers’ duties and activities during the period of suspension.  The suspended officers’ NEU email address is also suspended for the period of suspension.  Any expenses will be processed in accordance with the local financial regulations and endorsed by two signatories.  A member who is suspended will still be entitled to advice and guidance on their employment. 

68. When submitting a complaint or responding to a complaint, members must ensure that they do not include any sensitive, personal information about a third party, for example their email or home address.  The onus is on the complainant and respondent to ensure that there is no breach of personal information during the Disciplinary Process.

69. Appendix A paragraph 3.1(b) allows the Officers of the Union to initiate an investigation where it appears that the good functioning or standards of behaviour of the Union may have been undermined.  Under this paragraph the Officers shall consider whether the matter requires further investigation, and if so, shall request the General Secretary to appoint an investigating officer.  This will normally be a senior member of staff.  The Officers should consider the expected scope of the investigation which may include the collection or discovery of factual information (financial records/evidence of data breach etc) regarding the matter as well as any other evidence including witness evidence or opinion.   The Officers may decide to suspend the relevant member where that is believed to be appropriate. 
70. The investigation should be carried out within a reasonable period of time and reported to the Officers of the Union as soon as possible.   Should the investigating officer believe that the scope of the investigation should be extended or narrowed, this will be reported to the Officers for consideration. 
71. On receipt of the investigation report the Officers will determine whether the matter might be suitable for and capable of resolution through support outside the disciplinary process such as training or guidance, in which case the procedure in 3.3 (of Appendix A) shall be followed.  If so, the Officers will write to the relevant member to set out their concerns and to invite the member to commit to resolving the matter and avoiding future concern.  Where the member agrees, the support will be put in place and a time limit set for resolution, during which period time will not run in relation to the matter during the period set for resolution.
72. For the avoidance of doubt, should the matter not be resolved to the satisfaction of the Officers of the Union, a complaint may be brought within 6 months of the expiry of that period under the procedure established under 3.1(a).
73. This route would be suitable for complaints brought to the attention of the Officers by a member of staff of the Union, but also those reported by a member of the Union where no other disciplinary process in relation to the matter is underway, whether that is because the member has declined to bring a complaint or because a disciplinary complaint against another individual member of the Union is not well founded or is inappropriate.

The Chair of the Committee can allocate timings for each stage. 

Expected Format of Hearings; the Chair/Panel can vary the format according to the circumstances

Stage 1:

X presents complaint and evidence

Y or representative can ask questions of X 

Members of the NDP or the NAC can ask questions

X's witnesses (if any) each give evidence

Y or representative can ask questions of each

Members of the panel can ask questions of each

Stage 2:

Y defends the claims made by X 

X or representative can ask questions of Y

Members of the NDP or the NAC can ask questions of Y

Y calls witnesses

X or representative can ask questions of each if Y's witnesses

Members of the NDP or the NAC can ask questions of each of Y’s witnesses.

Stage 3:

X has an opportunity to sum up

Stage 4

Y has an opportunity to sum up. 

Stage 5:

The NDP or NAC ask any further questions

Stage 6:

The Panel convenes for deliberation and decision.

• Different waiting areas shall be provided for each party and their witnesses;

National Disciplinary Committee and National Appeals Committee
 

1. Disciplinary Offences 

1.1 A member of the Union commits a disciplinary offence if that member : (a) acts contrary to the Code of Professional Conduct of the Union; (b) acts contrary to the Rules of the Union; (c) refuses to comply with a lawful instruction of the Union; (d) is knowingly involved in any fraud on the Union or misappropriation of Union funds or property; (e) misuses protected data contrary to the Data Protection Act Licence of the Union ; (f) frustrates any decision or penalty of the National Disciplinary Committee or National Appeals Committee; or (g) in any other way engages in conduct which brings injury or discredit to the Union.

2. Elections for National Disciplinary Committee and National Appeals Committee 

2.1 The members of the Union in each of the seventeen Executive Districts of the Union shall elect a member to form the Panel of seventeen members who shall be eligible to serve on either a National Disciplinary Committee or a National Appeals Committee. 

2.2 Elections to the Panel for the National Disciplinary Committee and National Appeals Committee shall be for a term which shall not exceed four years. 

2.3 Candidates for election to the Panel must have been in standard membership of the Union within the last 10 years and in membership of the Union for at least five years continuously prior to the date of closure of nominations.  A member wishing to stand must be nominated by their Local District.   A standard member elected to the Panel who becomes a retired member during their term is entitled to continue their term of office until its expiry but shall not be entitled to stand again for the Panel. Officers of the Union and members of the Executive at the date of closure of nominations are ineligible to stand for the Panel for the National Disciplinary Committee and the National Appeals Committee. 

3. National Disciplinary Committee 

3.1 (a) A complaint made by a member of the Union against a member of the Union, which may consist of one or more alleged disciplinary offences, will be heard by a National Disciplinary Committee consisting of five members drawn from the Panel for the National Disciplinary Committee and the National Appeals Committee. 

3.1(b) A complaint may be formulated by the Officers of the Union under 1.1 (b), (c), (d), (e), (f), to be pursued by an employee of the Union.  In such case, the procedure to be followed shall be as set out in para 3.3 (a) 

3.2 A National Disciplinary Committee shall choose its own Chairperson. 

3.3 A complaint under these proceedings may be made by a member of the Union or by an Officer of the Union acting on behalf of the Officers of the Union.  If the complaint is formulated by an Officer of the Union, then the Officers of the Union may suspend that member or members from membership of the Union pending the hearing of the disciplinary proceedings.  The General Secretary of the Union shall notify the relevant Local District and Branch of any such suspension. 

3.3 (a) This paragraph applies where the Officers of the Union become aware of a matter within the scope of paragraph 3.1(b)which in the opinion of the Officers requires further investigation in order that the proper functioning of the Union and standards of behaviour are maintained. In these circumstances the Officers shall request the General Secretary to appoint an investigating officer who shall investigate the circumstances of the case. If in the opinion of the Officers it is appropriate, the Officers of the Union may suspend the relevant member. The investigating officer’s report shall be presented to the Officers of the Union who shall determine whether a complaint should proceed.   

Where it appears to the Officers of the Union that the matter can be resolved by training or other process outside the scope of the disciplinary procedure, that route shall be pursued with the member. The time limits for pursuit of a complaint shall not run whilst such alternative process is in train. Should the member refuse such resolution or if it is unsuccessful, the complaint may be pursued further. For the avoidance of doubt the Officers of the Union may instead determine that the matter should proceed immediately to a disciplinary panel. 

3.4 The conduct of National Disciplinary Committee proceedings shall be in accordance with the rules of natural justice. The member making the complaint and the member being complained about have the right to a fair hearing, without bias, conducted with reasonable promptness consistent with fair opportunity to present their respective cases.  Before a National Disciplinary Committee, the parties may call witnesses of relevance to the matters in dispute.   

3.5 The decisions of a National Disciplinary Committee or a National Disciplinary Committee Chairperson acting on behalf of the Committee are final subject only to the right of appeal to the National Appeals Committee. 

3.6 A complaint made by a member of the Union calling for a matter to be considered by a National Disciplinary Committee must be made in writing to the General Secretary specifying matters which come within one or more of the disciplinary offences referred to above at (a) to (g). The complaint will not be considered unless made within six months of the circumstances giving rise to the complaint unless the National Disciplinary Committee find exceptional reasons for doing so.  The complaint will be dealt with in accordance with the written procedures made under these Rules. 

3.7 Following consideration of the complaint a National Disciplinary Committee may either dismiss the complaint or find the complaint justified.  If the National Disciplinary Committee find the complaint justified they may impose one or more of the following penalties: (a) reprimand and warning as to future conduct; (b)  severe reprimand and censure; (c) suspension from the Union for a fixed period; (d) removal from office or accreditation held by the member either indefinitely or for a specified period; (e) disqualification from holding office or role in the Union either indefinitely or for a specified period; (f) exclusion from the Union. 

3.8 When it comes to deliberate on the penalty the National Disciplinary Committee will have before it and will take into account any previous decisions of a National Disciplinary Committee or National Appeals Committee relating to the member who has been complained about. 

3.9 The decision of the National Disciplinary Committee with reasons shall be sent to the parties to the dispute.   The decision will inform the parties of the rights of appeal to the National Appeals Committee. 

4. National Appeals Committee

4.1 An appeal from a decision of a National Disciplinary Committee will be heard by a National Appeals Committee consisting of five members drawn from the Panel for the National Disciplinary Committee and the National Appeals Committee.  The Panel members who form the National Appeals Committee shall not in any way have been involved in the decision made by the National Disciplinary Committee.

4.2 A National Appeals Committee shall choose its own Chairperson. 

4.3 When a National Disciplinary Committee complaint has been found to be justified the member complained about, now called the appellant, has a right of appeal in respect of the finding and the penalty provided that the appeal is submitted to the General Secretary within the time limit and in the manner set out in written procedures. The appeal must be in writing and set out the grounds for the appeal. 

4.4 When a National Disciplinary Committee complaint has been found not to be justified the member who has made the complaint, now called the appellant, has a right of appeal limited to the process or procedures by which the decision was made and not relating to the substance or merit of the decision provided that the appeal is submitted to the General Secretary within the time limit and in the manner set out in written procedures. The appeal must be in writing and set out the grounds for the appeal. 

4.5 Operation of the penalty of the National Disciplinary Committee shall remain suspended pending the decision of the National Appeals Committee which shall be final. 

4.6 The conduct of National Appeals Committee proceedings shall be in accordance with the rules of natural justice.  The parties involved in the appeal have the right to a fair hearing, without bias, conducted with reasonable promptness consistent with fair opportunity to present their respective cases. 

4.7 The appeal will be dealt with in accordance with the written procedures made under these Rules. 

4.8 The National Appeals Committee has full powers to remove any penalty imposed by the National Disciplinary Committee or to replace any penalty imposed by the National Disciplinary Committee with an alternative penalty or penalties as allowed by these Rules save that the National Appeals Committee may not impose a more severe penalty than the penalty imposed by the National Disciplinary Committee.

5. Confidentiality 

5.1 The proceedings of the National Disciplinary Committee and of the National Appeals Committee shall be confidential save that the outcomes of each Committee shall be communicated to the Executive and to the parties to the dispute. 

6. Procedures 

6.1 The Executive, taking into account advice from the National Disciplinary Committee and the National Appeals Committee, shall produce procedures for the election of members to the Panels for the National Disciplinary Committee and the National Appeals Committee and for the administration of their cases and the conduct of their hearings including all time limits. 

NEU Code of Professional Conduct (Appendix I to the Union’s Rules)

As a membership organisation that represents the interests, and reflects the views, of those employed in education, the NEU expects members to act professionally and in accordance with these Rules both as an individual member and in the capacity of a representative of the Union. Members will conduct themselves professionally and ethically, with respect for others, maintaining an environment in which the Union’s objectives can be pursued productively and creatively. Discrimination and discriminatory behaviour will not be tolerated, including discrimination on grounds of age, race, ethnicity, nationality, religion, sex, sexual orientation, gender identity, disability, social class, family status, pregnancy and maternity. 

The NEU believes that freedom of speech and respectful debate are part of any properly functioning democracy and that such debate should address issues without threat or hate.

Members will be liable to disciplinary action and sanction according to the provisions of Appendix A in relation to behaviour which amounts to:

1. conduct which is contrary to these Rules either as an individual member or in the capacity of representative of the Union;
2. fraud on the Union or any misappropriation of its funds or property;
3. discrimination and discriminatory behaviour in contravention of the Objects of the NEU and this Code; or
4. other professional conduct which brings injury or discredit to the Union. 

Unprofessional conduct includes actions which are injurious to the professional honour of another member, including but not limited to the following:

1. Taking an appointment from which, in the judgement of the NEU Executive a member of the Union has been unjustly dismissed.
2. Making a report which contains criticism of the work or conduct of another member without at the time acquainting the member concerned with the nature of the report, either verbally or in writing.  This does not however apply to issues which relate to child protection issues or other legal duties or responsibilities of a member and which it is reasonable at the time for the member to believe that the member concerned will receive a copy of the report in the course of a formal process.
3. Censuring or criticising other members in the hearing of pupils and other persons not directly involved in the running of the school.
4. For any member to seek to compel another member to perform outside the ordinary workplace hours any task which is not essentially connected with the ordinary work and organisation of the institution.
5. For any member to impose upon another member, out of the ordinary workplace hours, an excessive and unreasonable amount of work of any kind.

The right of any member to Union membership and all claims and entitlements to Union benefits shall be reviewed by the Professional Conduct (Criminal Convictions) Committee and the Executive in accordance with Rule 22 where the member is convicted in a Court of Law of any offence which may bring the Association into disrepute.