Ordinances to the 2009 Statutes (OA23)
The following Ordinances were made at the College Meeting under the authority of Statute S2.3 on 3 March 2009.
OA23: Complaints Against and Removal of Master
|OA23.1||(1) Any Fellow may make a complaint to the President that the Master has been guilty of misconduct in relation to any of the grounds specified in SA9.
(2) If it appears to the President that there are grounds for believing that the conduct or performance of the Master is or has been unsatisfactory, he or she shall inquire into the matter. If the President concludes after investigation that the Master is or has been at fault, he or she shall refer the matter to the tribunal set up under OA23.2.
|OA23.2||(1) At the request of the President, the Society shall establish a tribunal to decide on any complaint referred by him or her against the Master. The tribunal shall consist of three persons who are not Fellows of the College and are not employed by the College as follows:
(i)one person who holds or has held judicial office or who is a barrister or solicitor of at least ten years’ standing, who shall be Chairman; and
(ii)two other persons;
(iii)in a case concerning the incapacity of the Master one of the persons mentioned in (ii) shall be appropriately medically qualified.
(2) Pending the outcome of the tribunal investigation, the Society may resolve to suspend the Master from his or her functions.
|OA23.3||(1) The tribunal shall investigate the complaint in the manner it considers most appropriate. The procedure shall include an opportunity for the Master to make oral or written representations and to be accompanied by another person chosen by him or her.
(2) If the tribunal considers that the Master has been guilty of misconduct in relation to any of the grounds specified in SA9, it shall determine the appropriate sanction. In determining that sanction, it shall have power, inter alia,
(i) to issue an oral warning;
(ii) to issue a written warning; or
(iii) to instruct the President to consult the Society with a view to dismissing the Master.
|OA23.4||The President shall keep a record of any oral or written warning. 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.|
|OA23.5||Where the tribunal has concluded that the Master shall be dismissed from office, the President shall convene a meeting of the Society and consult it on the recommendation. He or she shall notify the Master and invite him or her to make representations in writing to the meeting of the Society. Having consulted the Society, the President shall decide whether to dismiss the Master or to impose a lesser sanction within those specified in OA23.3(2).|
|OA23.6||The Master shall have a right of appeal to an appeal panel against the finding of, or outcome imposed by, the tribunal. An appeal shall not take the form of a re-hearing of the evidence and witnesses may be called only with the appeal panel’s permission. The appeal panel shall be appointed by the Visitor and composed similarly to the tribunal specified in OA23.2(1). It shall have the powers specified in OA23.3(2).|