INDEPENDENT APPEALS AND DISCIPLINARY BOARD (IADB)

The IADB is an independent tribunal which resolves appeals under the UCDSU Constitution.

 

It also has various other functions such as appointing the Chief Returning Officer who oversees elections, interpreting the Constitution and introducing measures to deal with unforeseen circumstances not dealt with in the Constitution.

 

The IADB is a formal dispute resolution body and can only consider matters which fall within its remit under the Constitution. It deals with three types of appeal: Electoral Appeals; Formal Complaints; and General Appeals.

 

An Electoral Appeal deals with an application to overturn the result of any election or referendum or to overturn a decision of the Returning Officers. An Electoral Appeal should be made within 24 hours of the declaration of the result or the making of the decision in question.

 

A Formal Complaint may only be made by the President or another officer or organ of the Union. A Formal Complaint is made about an officer of the Union in respect of their conduct or performance. A Formal Complaint should be submitted within a reasonable period of time and without undue delay

 

A General Appeal take places where any member or officer of the Union complains to the IADB about the actions or inactions in relation to their duties, as defined by the Constitution, of any officer or organ of the Union, or asserts that any decision, action or inaction of any officer or organ of the Union is in breach of the provisions of the Constitution, other than in a form constituting an Electoral Appeal or Formal Complaint. A General Appeal should be made within 3 days of the relevant decision, action or inaction being published or made publicly known.

 

How to submit an appeal

 

An appeal must be submitted in writing by email to iadb@ucdsu.ie in sufficient detail for it to undergo the preliminary examination process set out in the Union Constitution.

 

It is important that the time limits summarised above are complied with.

 

The IADB can only deal with appeals which fall within the terms of the Union Constitution, so it is important that appeals clearly set out which provisions of the Constitution are being relied on by the person making the appeal.

The Union Constitution is available HERE

The Appeal Process

Generally, an appeal begins with a preliminary examination process. An appeal will not proceed beyond this stage if it is deemed to be without merit or if the IADB decides that the matters complained of are immaterial or not within the jurisdiction of the IADB.

If the appeal proceeds beyond that stage, the Chairperson of the IADB will set out a timetable for the exchange of written submissions between the parties. The IADB will also decide whether the appeal will proceed on the basis of an oral hearing or written submissions only.

Supporting Documents

It is the policy of the IADB to request that supporting documentation (if any) is set out in a single, paginated PDF document with a table of contents and bookmarks if five or more documents are being referred to. If four or less documents are being referred to, they may be provided in individual PDF documents.

Finality

Any dispute arising out of, or in connection with, the Union Constitution will be exclusively determined by the IADB in accordance with Article 16 of the Constitution. A decision of the IADB is final and binding on the parties.

Recent Decisions made by IADB

UCDSU INDEPENDENT APPEALS AND DISIPLINARY BOARD


Reference No. 20/03


The Returning Officers


and


The Executive

Read Decision HERE

UCDSU INDEPENDENT APPEALS AND DISIPLINARY BOARD

Reference No. 20/02

The LGBTQ+ Coordinator Complainant

and

The Campaigns & Engagement Officer Respondent

Read Decision HERE

Previous Decisions

The IADB has made the following formal decisions since 2017

UCDSU INDEPENDENT APPEALS AND DISIPLINARY BOARD

Reference No. 20/01

The Returning Officers Applicants

and

The President

Read Decision HERE

UCDSU INDEPENDENT APPEALS AND DISCIPLINARY BOARD

Appeal No. 17/01

Barry Murphy, Niall Torris and Robert Sweeney

and

The Returning Officers

Read Decision HERE

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