Part III: Disciplinary Procedures
SA9. Grounds for disciplinary action
Disciplinary action under this Part may be taken, and where found to be appropriate a penalty imposed, in respect of the following:
(a) conduct amounting to a criminal offence, whether or not there has been a prosecution and conviction, of a kind that is judged in all the circumstances to be relevant to the member of staff’s employment by the College;
(b) failure, refusal or neglect to perform some or all of the duties or to comply with some or all of the conditions attaching to the post, or to perform those duties or comply with those conditions in a satisfactory or adequate manner;
(c) conduct of a kind judged to be inappropriate or unacceptable on the part of a holder of the post held by the member of staff, such as (but not confined to) the following:
(i) breach of any obligation or duty arising under any of the College’s Ordinances or Regulations regarding financial matters, harassment, equality and diversity, public interest disclosure, health and safety, data protection, computer misuse, conflict of interest or any other rules, regulations or codes binding on the member of staff;
(ii) wilful or negligent damage to or improper use of College’s facilities, premises, property or equipment;
(iii) disruption of, or improper interference with, the activities of the College or of any employee, student, fellow or visitor (other than any lawful industrial action);
(iv) violent, indecent, disorderly, threatening, abusive, insulting or harassing behaviour or language (whether written, spoken or in any other form);
(v) fraud, deceit, deception or dishonesty in relation to the College or any related activity, including research and teaching;
(vi) research misconduct;
(vii) action likely to cause injury or impair safety;
(viii) divulging information or material received in confidence (unless the disclosure is permitted under the Public Interest Disclosure Act 1998 or in accordance with the University’s Public Interest Disclosure Procedure).
SA10. Disciplinary procedures
The Society shall by Ordinance promulgate disciplinary procedures for members of staff, which shall provide:
(a) for less serious matters to be dealt with by warnings following a fair and appropriate procedure and for a member of staff to be able to appeal against the imposition of a warning to a person designated by the Society; and
(b) for more serious matters to be dealt with by a fair and appropriate procedure, which shall include provision for the following:
(i) fair and reasonable time limits for each stage;
(ii) investigating complaints and dismissing those found to be without substance;
(iii) suspension on full pay by the Master pending an investigation or hearing, where this is necessary for the protection of persons or property, subject to regular reviews;
(iv) a hearing by a panel, authorised by the Master, at which the member of staff against whom the complaint has been made shall have been informed of the complaint, shall be entitled to be present, to hear the evidence, to call relevant witnesses, and to examine and cross-examine witnesses;
(v) appropriate penalties, which shall include warnings and dismissal
(vi) designating the conduct of a member of staff as constituting “gross misconduct” such as to merit summary dismissal without notice; and
(vii) a right to appeal against the finding of, or penalty imposed by, the panel, including a finding under paragraph (vi) above. 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.
SA11. Code of Practice
In drawing up the procedures, and in any regulations made or action taken thereunder, regard shall be had to Section 1 of the Code of Practice on Disciplinary and Grievance Procedures (as may be amended or replaced from time to time) issued in September 2000 by the Advisory Conciliation and Arbitration Service (ACAS) and brought into effect by order of the Secretary of State under section 199 of the Trade Union and Labour Relations (Consultation) Act 1992.
|(1)||Having consulted the Society, the Master or other officer of the College designated by the Society shall give effect to a decision of a panel that a member of staff should be dismissed:
(a) where the panel has designated the conduct as “gross misconduct” such as to merit summary dismissal pursuant to SA10 (b) (vi), by dismissing the member of staff forthwith;
(b) in all other cases, by issuing the notice of dismissal.
|(2)||If an appeal panel decides that the member of staff should not be dismissed or should only be dismissed with notice, the Master shall cancel or modify the dismissal accordingly.|
SA13. Relationship with Part V
The Ordinances shall make provision for dealing with a case in progress under this Part or under Part IV where it emerges that the member of staff’s conduct or performance may have been wholly or partly attributable to a medical condition.