Irvine rejects Salford ruling

Fundamental questions have been raised about universities' disciplinary procedures after the lord chancellor ruled that Salford University's decision to expel black student and race campaigner Desmond Penrose was "manifestly unreasonable".

Lord chancellor Lord Irvine, acting on behalf of the Queen as Salford's visitor, has thrown out the university appeal committee's decision to expel former mature student Mr Penrose. Lord Irvine will appoint an external representative to hear the case again.

The THES reported in November last year that Mr Penrose had complained to the Queen that his expulsion in April 1999 for alleged abusive and threatening behaviour, was in breach of natural justice.

At an appeal committee hearing, Mr Penrose's lawyer requested an adjournment because the university had brought forward new witnesses at the eleventh hour, and he had not had time to prepare a defence against any new issues.

Mr Penrose and his lawyer walked out of the meeting when the request for an adjournment was refused and the case was heard in their absence. Mr Penrose's appeal was denied and he was found guilty of a charge more serious than the one he had originally faced.

Mr Penrose's lawyer told The THES that in some ways the university's procedures, in their attempt to mirror the adversarial system of the criminal and civil courts, were admirable.

"But there is no way the courts would allow new evidence to be introduced at such a late stage and refuse an adjournment," he said. The lord chancellor appears to concur with the view that Salford breached natural justice.

In a written judgment seen by The THES , Lady Broadbridge, secretariat to the lord chancellor, said: "The lord chancellor's view was that it had been manifestly unreasonable for the appeal committee to have refused an adjournment of the appeal hearing on the bona fide application of Mr Penrose's legal representatives...

"The lord chancellor's view was that the decision must therefore be set aside."

Lady Broadbridge said that the lord chancellor "foresaw some difficulties" if the university were to set up a new appeal hearing, so he has decided to "nominate a suitable person to consider the appeal", with the findings referred back to the lord chancellor for a decision on the best course of action.

The lord chancellor did not uphold a second complaint by Mr Penrose about the accuracy of the marks he had been awarded on his course by the university. Lady Broadbridge said there was no case for visitorial intervention in relation to the marks.

A spokesman for the university said: "The university is of course pleased to see this long-standing matter approach a conclusion. Mr Penrose made a number of serious, unfounded allegations and we are pleased to see that these have been dismissed by the visitor. The university is now considering the procedural issues of the matter and welcomes the forthcoming hearing."