The results of a University College Cork disciplinary hearing into alleged misconduct by a professor are being held in a sealed envelope in a college safe pending the outcome of High Court proceedings.
Prof Connell Fanning, head of the UCC economics department, is challenging the college's decision to conduct a disciplinary hearing and "hotly contests" the allegation of gross misconduct, Mr Justice Gilligan was told yesterday.
The hearing arose from an incident where the professor was reported to have grabbed a female member of the college staff by the throat.
Mr Senan Allen SC, for Prof Fanning, said the college authorities went ahead with the disciplinary procedure and made a determination which was placed in a sealed envelope. If the proceedings were declared not applicable, the envelope would be torn up and Prof Fanning would be seeking €50,000 costs.
Mr Allen said Prof Fanning had taken part in the disciplinary hearing strictly without prejudice to his claim that he was not amenable to the procedure.
The incident which led to the proceedings was alleged to have occurred in the college car-park on August 31st, 2001, when Ms Joan Buckley, then an employee of the college's language department, was leaving in her car.
A court hearing that November was told by Mr Ian Finlay SC, for UCC, that Ms Buckley had reported she was assaulted by Prof Fanning arising from his concerns about the safety of his dog and her driving behaviour. Ms Buckley had given a written account but had said she did not wish to pursue the matter.
UCC had contended it was obliged to investigate and to suspend Prof Fanning on full pay pending the outcome of the investigation. He later got a court order restraining UCC from suspending him.
The earlier court hearings were also told that in October 2001, following correspondence between solicitors for both parties, the issues between them were amicably resolved and they agreed they would take no further steps.
The professor's original proceedings ended in a High Court finding against him on July 25th, 2002, which was overturned by the Supreme Court. It returned the case to the High Court for a further full hearing, now taking place before Mr Justice Gilligan.
UCC denies that its decision to conduct a disciplinary inquiry under college procedures is outside its powers and says it did not know the dispute between Prof Fanning and Ms Buckley had been resolved. It also denies it is precluded from investigating because of the purported withdrawal by Ms Buckley of her report or by reason of her wish not to participate in an investigation.
Mr Allen yesterday argued that notwithstanding the resolution of the dispute and Prof Fanning's consistent denial of assault, the director of human resources at UCC decided that the incident should be investigated.
The college had retained the services of Mr John Horgan, a former chairman of the Labour Court, to investigate the incident and to report to the committee set up to hear the complaint. Neither Prof Fanning nor Ms Buckley had met Mr Horgan. Notwithstanding their absence, Mr Horgan had determined Prof Fanning had a prima facie case to answer.
The hearing continues today.