Ordinances to the 2009 Statutes (OA10-OA13)

The following Ordinances were made at the College Meeting under the authority of Statute S2.3 on 3 March 2009.

OA10 to OA13: Disciplinary Procedures

OA10.1 (1) If it appears to the Master that there are grounds for believing that the conduct or performance of a member of the academic staff is or has been unsatisfactory, he or she shall inquire into the matter. If the Master concludes after investigation that the member is or has been at fault, he or she may issue an oral warning to the member. The Master shall specify the reason for the warning, shall indicate that it constitutes the first stage of the College’s disciplinary procedure, and shall advise the member that he or she may appeal against the warning under subsection (4) of this section.
(2) If the Master concludes after investigation that the fault is sufficiently serious to justify it, or if a further offence occurs, he or she may issue a written warning to the member. Such a warning shall specify the complaint made against the member, the improvements required in the member’s conduct or performance, and the period of time within which such improvements are to be made. The Master shall advise the member that he or she may appeal against the warning under subsection (5), and shall indicate that, if no satisfactory improvement takes place within the stated time, a complaint may be made seeking the institution of charges to be heard by a Disciplinary Panel.
(3) The Master shall keep a written record of any warning issued under subsection (1) or subsection (4). No further account shall be taken of an oral warning when one year has elapsed after the date of issue, and no further account shall be taken of a written warning when two years have elapsed after the date of issue.
(5) A member of the academic staff who wishes to appeal against a disciplinary warning shall inform the President within 10 working days. The Appeals Panel appointed by the Society as set out in Ordinance O 2.3(2)(p) shall hear the appeal and the Committee’s decision shall be final. If the appeal is allowed, the warning shall be disregarded.
OA10.2 (1) If there has been no satisfactory improvement following a written warning given under OA10.1, or in any case where it is alleged that the conduct or performance of a member of the academic staff may constitute good cause for dismissal or removal from office, a complaint seeking the institution of charges to be heard by a Disciplinary Panel appointed under OA10.3 may be made to the Master.
(2) To enable the Master to deal fairly with any complaint brought to his or her attention under subsection (1) of this Ordinance he or she shall institute such enquiries (if any) as appear to him or her to be necessary.
(3) If it appears to the Master (whether on receipt of a complaint or otherwise) that there are grounds for believing that the conduct or performance of a member of the academic staff of the College could constitute good cause for dismissal, he or she shall write to the person concerned inviting comment in writing and may, if he or she considers that the College might otherwise suffer significant harm, suspend the person concerned from the performance of his or her duties without loss of emolument.
(4) As soon as may be following the comments (if any), or in any event not later than twenty-eight days after they were invited, the Master shall consider the matter in the light of all the available material and may dismiss the matter summarily, or issue an oral or written warning to the person concerned, or determine that the matter be considered by a Disciplinary Panel appointed under OA10.3 of this Statute.
OA10.3 (1) If the Master has determined that the matter should be considered by a Disciplinary Panel, the Society shall at his or her request appoint such a Panel to hear the charge or charges, to determine whether the conduct or performance of the person concerned constitutes good cause for dismissal or otherwise constitutes a serious complaint relating to his or her appointment or employment, and to make recommendations concerning the action (if any) to be taken as a result of the Panel’s findings. Pending the consideration of such recommendations, the Master, after consulting the Society, may suspend the person charged from the performance of his or her duties without loss of emolument.
(2) A Disciplinary Panel shall be composed in accordance with O2.3 (2) (o). In choosing the members of the Panel, the Society shall exclude the person charged, any person responsible for originating the charge (whether by making a complaint to the Society or otherwise), and any person who has been involved at an earlier stage in considering the charge or charges. The Disciplinary Panel shall be chaired by the Master or, in his stead, by the Senior Fellow.
OA10.4 (1) When a Disciplinary Panel has been appointed, the Society may instruct a solicitor or other suitable person to formulate a charge or charges and to present, or arrange for the presentation of, the charges before the Disciplinary Panel.
(2) It shall be the duty of the person formulating the charge or charges-
   (a) to forward the charge or charges to the Panel and to the member of the academic staff concerned, together with the other documents therein specified and a list of all witnesses the College proposes to call, with statements containing the evidence they are expected to give; and
   (b) to make any necessary administrative arrangements for the summoning of witnesses, the production of documents and generally for the proper presentation of the case before the Panel.
OA10.5 (1) The procedure to be followed in respect of the preparation, hearing, and determination of charges by a Disciplinary Panel shall be prescribed by Regulations made under this Statute. Such Regulations shall ensure:
    (a) that the person charged is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing of charges by a Disciplinary Panel;
    (b) that a charge shall not be determined without an oral hearing at which the person charged and any person appointed to represent him or her are entitled to be present;
    (c) that witnesses may be called, both on behalf of the person charged and by the person presenting the charge, and may be questioned concerning any relevant evidence;
    (d) that no new witness or documentary evidence may be introduced by the person presenting the charge without the Panel’s consent, which shall not be given save for good reason, and that if late introduction is allowed, the person concerned shall be allowed an adjournment sufficient to allow him or her to consider and respond to the new evidence; and
    (e) that any charge is heard and determined expeditiously as is reasonably practicable.
OA12 (1) The Appeal Panel shall have power to decide whether to dismiss the member of staff or not.
(2) Regulations shall prescribe the procedure of the Appeal Panel