The Statutes

(For the information of Academic Staff,
Statute 22 is now Statute 17 and is unchanged)

Statutes 

At the Council Chamber, Whitehall

THE 7TH DAY OF MAY 2005

BY THE LORDS OF HER MAJESTY’S MOST HONOURABLE

PRIVY COUNCIL

The Privy Council has approved the amendments to the Statutes of Brunel University as set out in the Schedule to this Order.

WHEREAS the Council of Brunel University has duly made
amendments to the Statutes of the University as set out in the
Schedule to this Order:

AND WHEREAS the amendments have been submitted to the
Lords of the Privy Council for approval:

NOW, THEREFORE, Their Lordships, having taken the
Amendments into consideration, are pleased to approve them.

1. Definitions

In these Statutes:-

1.1 "Academic Staff" means all persons holding teaching or research offices in the University and (solely for the purpose of Statute 17 hereof) any person whom Council or the Senate may nominate from time to time.

University means Brunel University.

Charter means the Charter of the University.

Court means the Court of the University (if any).

Council means the Council of the University.

Senate means the Senate of the University.

Resolutions means Resolutions of the Council passed pursuant to Article 17 of the Charter.

Ordinances means statements in writing published by the Council relating to matters referred to in the

Charter or the Statutes or relating to the work of the University.

Regulations means statements in writing published by the Senate governing the academic work of the University.

Officers of the University means the persons holding such offices of the University as may be determined by Resolution of the Council.

Words importing the masculine shall include the feminine and, unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.

2. Members of the University

2.1 The following persons shall be Members of the University:-

  • The Chancellor
  • The Pro-Chancellor
  • The Vice-Chancellor and Principal
  • The Vice-Principal
  • The Pro-Vice-Chancellors
  • The Secretary and Registrar
  • The Members of the Court (if any)
  • The Members of the Council
  • The Members of the Senate
  • All persons appointed to academic office under Statute 13.1(xii)
  • The Emeritus Professors
  • The Honorary Professors
  • The Graduates, Honorary Graduates and alumni of the University
  • The Undergraduate and Postgraduate students of the University
2.2 Membership of the University shall continue as long only as one at least of the qualifications above enumerated shall continue to be possessed by the individual Member.

2.3 The Council in consultation with the Senate shall have power to declare such other persons Members of the University as it shall deem fit.

3. The Chancellor

3.1 The Chancellor shall be appointed by the Council.

3.2 The Chancellor shall hold office for such period as the Council shall determine or until the Chancellor's resignation or until his or her removal in accordance with Statute 3.3.

3.3 The Chancellor may resign from office by writing addressed to the Council by a period of notice of at least six months (or such other period approved by Council) and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office. The Chancellor of the University may be removed from office for good cause by the Council. He or she shall not be so removed by the Council unless he or she shall have been given a reasonable opportunity to have been heard in person by the Council.

4. The Pro-Chancellor

4.1 The Pro-Chancellor shall be appointed by the Council.

4.2 The Pro-Chancellor shall hold office from the date of appointment for a period of up to four years (as determined by the Council) or until resignation or removal in accordance with Statute 4.4. and unless so removed shall be eligible for re-appointment on one further occasion for a period of up to four years (as determined by the Council).

4.3 If the office of Pro-Chancellor becomes vacant by death or resignation or from any other cause before the expiration of the period of office, the Council may appoint a successor who shall hold office for the unexpired period of office of such former Pro-Chancellor.

4.4 The Pro-Chancellor may resign from office by writing addressed to the Council by a period of notice of at least six months (or such other period approved by Council and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office. The Pro-Chancellor may be removed for good cause by the Council. He or she shall not be so removed by the Council unless he or she shall have been given a reasonable opportunity to have been heard in person by the Council.

4.5 "Good cause" in this Statute and in Statute 3.3 means -

  1. conviction for an offence which may be deemed by the Council to be such as to render the person convicted unfit for the execution of the duties of office; or
  2. conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of office; or
  3. conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of office whether such failure results from physical or mental incapacity or otherwise.

5. The Vice-Chancellor and Principal

5.1 The Vice-Chancellor and Principal shall be appointed by the Council in accordance with a procedure determined by Ordinance from time to time.

5.2 Subject to Statute 17 the Vice-Chancellor and Principal shall hold office on such conditions as may be determined by the Council whether by Ordinance or otherwise.

5.3 The Vice-Chancellor and Principal shall have a general responsibility to the Council for maintaining and promoting the academic wellbeing, the efficiency and good order of the University and shall be the principal officer designated by the Council to account for the use of public funds by or on behalf of the Council.

5.4 The Vice-Chancellor and Principal shall bring before the Senate all matters of a substantial nature which affect the academic policy of the University.

5.5 The Vice-Chancellor and Principal may refuse to admit any person as a student without assigning any reason and (subject to any Regulation of the Senate made under S14.4 xx - xxii) may suspend, discipline, exclude or expel any student. The Vice-Chancellor may delegate the Vice-Principal or one of the Pro-Vice-Chancellors or Heads of School to act as his/her representative in such cases”. [amended 23RD DAY OF JULY 2012].

5.6 During a vacancy in the office of Vice-Chancellor and Principal, the Council shall appoint an Acting Vice-Chancellor and Principal after consideration by the Council of the report of a Committee constituted in the manner prescribed in Clause 1 of this Statute.

5.7 The Vice-Chancellor and Principal may resign from office by writing addressed to the Council by a period of notice approved by Council from time to time and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office.

6. The Vice-Principal [amended 18TH DAY OF MARCH 2013]

6.1 The appointment of the Vice-Principals shall be made by the Council following consultation with a Committee appointed by the Senate of which the Vice-Chancellor and Principal shall be a member ex-officio and Chair (with the right to delegate such Chair role).

6.2 The Vice-Principal shall hold office on such conditions and for such period as may be determined by the Council. The Vice-Principal may be removed from office by the Council after consideration of a report from a Committee constituted for the purpose by the Council comprising three members of the Council at least two of whom shall not be members of staff or students of the University. The Procedure to be used by the Committee shall be as set out in an Ordinance.

6.3 The Vice-Principal shall, subject to these Statutes, exercise and perform such functions of the Vice-Chancellor and Principal as shall be delegated to him or her by the Vice-Chancellor and Principal in accordance with the provisions of an Ordinance of the Council.

6.4 The Vice-Principal may resign from office by writing addressed to the Council by a period of notice approved by Council from time to time and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office.

7. Pro-Vice-Chancellors [amended 18TH DAY OF MARCH 2013]

7.1 The appointment of the Pro-Vice-Chancellors shall be made by the Council following consultation with a Committee appointed by the Senate of which the Vice-Chancellor and Principal shall be a member ex-officio and Chair (with the right to delegate such Chair role).

7.2 The number, period of office, the powers and duties of the Pro-Vice-Chancellors, and any conditions on which they hold office shall be determined by the Council [after considering the recommendations of the Vice-Chancellor and Principal]. A Pro-Vice-Chancellor may be removed from office by the Council after consideration of a report from a Committee constituted for the purpose by the Council comprising three members of the Council at least two of whom shall not be members of staff or students of the University. The Procedure to be used by the Committee shall be as set out in an Ordinance.

7.3 A Pro-Vice-Chancellor may resign from office by writing addressed to the Council by a period of notice approved by Council from time to time and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office.

8. The Appointment of Academic Staff

8.1 The appointment of Professors shall be made by the Council on the recommendation of a Committee appointed by the Senate of which the Vice-Chancellor and Principal shall be a member ex-officio and Chair (with the right to delegate such Chair role).

8.2 The appointment of Heads of Faculties, Schools and Academic Departments shall be made by the Council after considering a recommendation from a panel approved by the Senate and which shall include as members the Vice-Chancellor and Principal and one independent member of Council not being a member of staff or a student of the University.

8.3 Other members of the Academic Staff shall be appointed by the Council on the recommendation of Appointments Boards constituted in such manner as may be determined by the Senate.

8.4 Members of the Academic Staff shall be appointed at such remuneration and subject to Statute 17 upon such terms and conditions as may be prescribed from time to time by the Council.

9. Secretary to Council

There shall be a Secretary to the Council who shall be appointed by the Council after it has considered a joint report from the Vice-Chancellor and Chair of the Council. The Secretary shall be responsible to the Council.

10. The Auditors

10.1 The Council shall appoint an Auditor or Auditors who shall hold office for such period, at such remuneration, and on such terms as may be determined by the Council.

10.2 Each such Auditor or firm of Auditors shall be registered by a Recognised Supervisory Body, as defined by section 30 of the Companies Act 1989 or subsequent legislation, as eligible for appointment as a company auditor. No person shall be appointed as Auditor who is, or any member of whose firm is, a member of the Court, Council or staff of the University.

10.3 The Auditor or Auditors shall audit the annual statement of income and expenditure, the balance sheets, and the other accounts of the University and shall make a report to the Council at least once in each year.

10.4 The Auditor or Auditors shall have a right of access at all reasonable times to the books, records, accounts and vouchers of the University and shall be entitled to require from the officers of the University such information and explanations as may be necessary for the performance of their duties.

10.5 If the office of Auditor or Auditors shall become vacant by reason of death or resignation or any other cause before the expiration of their period of office the Council shall forthwith appoint an Auditor or Auditors in their place for the remainder of such period.

10.6 An Auditor may resign from office by writing addressed to the Council.

11. The Court

The Court (if any) shall be constituted and have such functions and meet in such manner as shall be approved by Ordinance of the Council from time to time.

12. The Council

12.1 The Council shall consist of the following persons, namely:-

  1. The Vice-Chancellor and Principal
    The Vice-Principal
  2. Fourteen persons (“independent members”) appointed by the Council on the recommendation of a nominations committee of the Council (established and conducted in accordance with an Ordinance of the Council) who are not current employees or students of the University, of whom one shall be Chair of the Council;
  3. Four members of the Senate appointed by the Senate;
  4. Two members elected from among their own number by the professors, readers, senior lecturers and lecturers of the University who are neither pro-vice-chancellors, deans, heads of school or department or the equivalent;
  5. A person being a member of the executive for the time being of the Students' Union of the University (appointed by the Students’ Union);
  6. Two persons being administrative, clerical or technical staff of the University holding full or part time employment contracts with the University elected from among their own number.

12.2

  1. The members of the Council referred to in Clause 1 (ii) of this Statute shall hold office for a period of up to four calendar years and shall be eligible for re-appointment on one further occasion for up to four years.
  2. The members of the Council referred to in Clause 1 (iii) of this Statute shall hold office for a period of two years and shall be eligible for re-appointment provided that no such member shall serve for more than eight years in aggregate and that such members shall cease to be members of the Council on the date that their membership of the Senate ceases should this date occur before the end of their term of office as members of the Council.
  3. The members appointed under Clause 1 (iv) and (vi) of this Statute shall hold office for a period of four years and shall be eligible for re-appointment on one further occasion, provided that such members shall cease to be members of Council on the date they cease to be an employee of the University.
  4. The members of the Council referred to in Clause 1 (v) of this Statute shall hold office for such period as the Council may determine.

12.3 Casual vacancies in the membership of the Council shall be filled as soon as conveniently possible by the body which nominated, elected or appointed the member whose place has become vacant.

12.4
One-third of the total actual membership of the Council, or the nearest whole number greater than one-third of such number if the latter is not a multiple of three (including in each case a majority of independent members), shall constitute a quorum. In the absence of a quorum no business shall be transacted other than the adjournment of the meeting. At the adjourned meeting the business for which the original meeting was called may be completed in the absence of a quorum. The manner of summoning the adjourned meeting and the period of notice given shall be prescribed by Ordinance. The quorum requirements set out in this Statute shall be capable of variation by Ordinance.

12.5

  1. The Chair and Deputy Chair of the Council shall be elected by the Council from amongst the independent members and shall hold office for a period of four years (in the case of the Chair) and two years (in the case of the Deputy Chair) and shall be eligible for re-election on one further occasion. The posts of Chair and Deputy Chair shall be subject to the terms of any Ordinance of the Council from time to time. The time served in the post of Deputy Chair shall form part of that member’s period of membership under clause 12.2 hereof. The time served as Chair shall be addition to any time served by that person as a member of the Council under clause 12.2 hereof but no person shall be on the Council for a period of more than 12 years in aggregate, save by Resolution of the Council.
  2. If a vacancy occurs in the office of Chair or Vice-Chair through a death or resignation or any other cause before the expiration of the holder's period of office the Council shall elect from among its members (as set out in sub-clause (i) above) a successor or successors who shall hold office for the remainder of such period.
12.6 A member of the Council may resign at any time by writing addressed to the Council by a period of notice approved by the Council by Ordinance from time to time and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office. If a member of the Council shall fail to attend meetings of the Council (or any committees of the Council) in accordance with requirements specified in Ordinances issued from time to time by the Council, the Council shall consider the removal of such member from the Council and if the member concerned attends such meeting he or she shall have the right to be heard before any vote on removal is taken.

12.7 No member of the Council (including Chair and Deputy Chair) may be appointed or re-appointed to membership after having reached an age specified by Ordinance from time to time.

13. Powers of the Council

13.1 Subject to the provisions of the Charter and these Statutes, the Council shall, in
addition to all other powers vested in it by the Charter and these Statutes, have
the following powers, duties and functions:-

  1. to govern, manage and regulate the finances, accounts, investments, property, business and all affairs whatsoever of the University and for these purposes to appoint bankers and any other officers or agents whom it may deem expedient to appoint and to cause proper books of account to be kept for all sums of money received and expended by the University and of the assets and liabilities of the University, so that such books give a true and fair view of the state of the University's affairs and explain its transactions;
  2. to invest any monies belonging to or held by the University in such stocks, funds, shares or securities as the Council shall from time to time think fit, whether within or outside the United Kingdom of Great Britain and Northern Ireland, or in the purchase of freehold or leasehold hereditaments in the United Kingdom, including rents; provided that in the case of monies held by the University as trustees the powers conferred by this paragraph shall be exercised subject to the provisions of the law relating to investment by trustees;
  3. to sell, buy, exchange, lease and accept leases of real and personal property on behalf of the University;
  4. to borrow money on behalf of the University and for that purpose, if the Council thinks fit, to mortgage or charge all or any part of the property of the University, whether real or personal, unless the conditions of any Will, Deed or Gift or other similar instrument are thereby contravened, and to give such other security whether upon real or personal property or otherwise as the Council may think fit;
  5. to provide the buildings, premises, furniture and equipment and other means required for carrying on the work of the University and maintaining its efficiency and well-being;
  6. to give guarantees and other collateral undertakings to financial institutions or others whether in pursuance of continuing arrangements or not;
  7. to make provision for schemes of insurance, superannuation, pensions or retirement benefits as the Council may think fit;
  8. on behalf of the University to enter into, vary, perform and cancel contracts, instruments and arrangements with any person to effect such transactions of whatever kind as the Council consider to be in the interests of the University;
  9. to determine all University fees and charges of any nature, provided that tuition fees shall be set following a recommendation from Senate;
  10. To elect a Chair and Deputy Chairman and appoint independent members of the Council as provided for under Statute 12.1(ii);
  11. after consideration of a recommendation from the Senate to institute or discontinue Faculties, Schools, Departments, Institutes, Delegacies, Boards or other Academic Sections of the University;
  12. after consideration of a recommendation from the Senate, to institute or abolish Professorships, Readerships and to institute or abolish after consideration of a recommendation from the Senate, Senior Lectureships, Lectureships, and other academic offices;
  13. to appoint the Chancellor, Pro-Chancellor, Vice-Chancellor and Principal, the Vice-Principal, the Pro-Vice-Chancellors, the Heads of Faculties, Schools and Departments and the Secretary to Council and such other senior posts as the Council shall determine from time to time;
  14. to determine the conditions of appointment and service and remuneration of all the staff of the University, academic and other;
  15. to refer to the Senate any matter coming before the Council which the Council considers to have academic implications which have not been previously considered by the Senate;
  16. to call for reports from the Senate and upon receiving such reports to review the work of the University;
  17. to determine the remuneration of external examiners upon recommendation of Senate;
  18. to confer, after report from a Joint Committee of the Council and the Senate, Honorary Degrees;
  19. to confer, on the recommendation of the Senate, the title of Emeritus Professor, Honorary Fellow or Honorary Professor, Reader or Lecturer;
  20. on what it shall deem to be good cause to deprive persons of any Honorary Degrees or Titles conferred by the Council;
  21. to make provision for research, enterprise, teaching, scholarship and learning within the University;
  22. when a recommendation or proposal from the Senate is not acceptable to the Council, to inform the Senate of the Council's reasons for non-acceptance and to provide an opportunity for further comment by the Senate to the Council;
  23. on the recommendation of the Senate to institute, subject to any conditions made by the Founders, Fellowships, Scholarships, Studentships, Exhibitions and Prizes, Bursaries and other Awards;
  24. to provide for the recreation and welfare of the students and staff of the University;
  25. to establish Joint Committees of the Council and of the Students' Union and to prescribe the method of appointment of such representatives and the functions of such Committees;
  26. to appoint and determine the remuneration of the Auditor or Auditors;
  27. to take such steps as it may think fit for the purpose of advancing the interests of the University, maintaining its efficiency, and making provision for and encouraging teaching, the pursuit of learning and the prosecution of research therein and to consider and if thought fit, approve or modify the University's Strategic Plan and to keep under review the extent to which the requirements of the plan have been met;
  28. to select a Seal for the University, to have the sole custody and use of the Seal and to approve arrangements for the use of the Seal on behalf of the Council and to receive reports on the use thereof;
  29. to make, amend, add to or repeal Statutes, subject to the provisions of Article 17 of the Charter;
  30. subject to the provisions of the Charter and these Statutes to exercise all such powers as are or may be conferred on the University by the Charter and these Statutes and to carry the Charter and these Statutes into effect.

13.2 The Council may establish Committees of its members and others and may establish Joint Committees of the Council and the Senate to which the Council may appoint members of the Council and others and the Senate may appoint members of the Senate and others.

13.3 Where there is any delegation the Council shall:

  1. inform the delegate in writing of the limits of the Council's powers; and
  2. lay down a detailed policy in writing for the performance of the function, duty or responsibility and inform the delegate in writing of any changes to it as soon as reasonably practicable; and
  3. ensure that the terms of the delegated authority are clearly set out in writing to the delegate; and
  4. ensure that they are kept informed and review on a regular basis the exercise by the delegate of his or her delegated authority; and
  5. take all reasonable care to ensure that the delegate complies with the terms of his or her delegated authority.

Where any delegation is made it shall be on terms that:

  1. the delegate shall comply with the terms of his or her delegated authority; and
  2. the delegate shall not do anything that the Council does not have the power to do; and
  3. the Council may with reasonable notice revoke the delegation or vary any of its terms in a way which is consistent with this part; and
  4. the Council may give directions to the delegate as to the manner in which he or she is to report to it the exercise of his or her delegated authority.
13.4 Nothing in this Statute shall enable the Council to delegate its power to reach a decision under clause 10(2) of Statute 17 or in respect of any matter regarding the solvency of the University, the safeguarding of its assets or the maintenance of its academic mission.

14. The Senate

14.1 The Senate shall consist of the following persons, namely:-

  1. The Vice-Chancellor and Principal who shall be the Chairman
  2. The Vice-Principal
  3. The Pro-Vice Chancellors
  4. The Deans
  5. The Head of each School and Academic Department of the University
  6. Not more than sixteen members elected from amongst their own number by the Professors, Readers, Senior Lecturers and Lecturers of the University
  7. Not more than three members of the Academic Staff co-opted in such a manner and for such periods as the Senate may determine
  8. The President of the Students' Union
  9. Not more than four students of the University elected from among their own number in such manner as the Senate shall determine.

14.2 The members of the Senate referred to in Clauses l(vi) and 1(vii) of this Statute shall be elected or co-opted in such manner as may be prescribed by Regulations made by the Senate, shall hold office for a period of two or three years as the Senate may determine and shall be eligible for re-election on one further occasion.

14.3 A member of the Senate may resign at any time by writing addressed to the Senate by a period of notice of at least three months (or such shorter period approved by Senate) and on his or her death, bankruptcy or mental or physical incapacity for a period of at least three months rendering him or her incapable of carrying out his or her responsibilities shall automatically cease to hold office.

14.4 The Senate shall, subject to the provisions of the Charter and these Statutes, have the following powers, duties and functions:-

  1. to regulate the instruction and teaching within the University and the examinations held by the University and to make Regulations relating thereto;
  2. to authorise the award of Degrees (other than Honorary Degrees), Diplomas, Certificates and other distinctions to persons who have satisfied the conditions of the award thereof as prescribed in these Statutes and the Ordinances;
  3. on what it shall deem to be good cause to deprive persons of any Degrees (other than Honorary Degrees and Titles conferred by the Council pursuant to Statutes 13.1(xviii) and (xix)) or other distinctions conferred on them and to revoke any Diplomas or Certificates granted to them by the University;
  4. to promote research within the University and to require reports from time to time on such research;
  5. to appoint, remove or suspend examiners, provided that there shall be at least one external and independent examiner appointed for the final examination prescribed for any Degree of Bachelor and also for the examinations prescribed for any higher Degree;
  6. to award the titles of Visiting and Associate Professor and to recommend to the Council the conferring of the titles of Emeritus Professor, Honorary Fellow or Honorary Professor, Reader or Lecturer;
  7. to recommend to the Council the institution of Fellowships, Scholarships, Studentships, Exhibitions, Prizes, Bursaries and Awards.
  8. to prescribe, subject to any conditions made by the Founders and to any directions of the Council, the times and conditions of competition for Fellowships, Scholarships, Studentships, Exhibitions, Prizes, Bursaries and Awards and to examine for and award the same, or to delegate to the Faculty Board, Department, School, Institute, Delegacy or other Board concerned power to examine for and award the same;
  9. to recommend to the Council the institution or discontinuation of Faculties, Schools, Departments, Delegacies, Boards or other academic sections of the University and to make recommendations as to their organisation, constitution and functions and the modification or revision thereof;
  10. to constitute Appointments Boards which shall recommend persons for appointment by the Council under the provisions of Statute 8.3;
  11. to nominate the members of the Council as provided for under Statute 12.1(ii);
  12. to make recommendations to the Council on any academic matter;
  13. to discuss and declare an opinion on any matter whatsoever relating to the University;
  14. to report to the Council as it may from time to time require on all Statutes and Ordinances and Regulations or proposed changes therein;
  15. to report to the Council on any matter referred to the Senate by the Council;
  16. to review, amend, refer back or control any act of any Faculty Board, Department, School, Institute, Delegacy or other Board;
  17. to regulate the admission of persons to the University and to courses of study in the University;
  18. to prescribe the academic dress to be worn by the various officers and members of the University, and the occasions on which it shall be worn;
  19. to regulate student complaints and appeals in respect of both academic and non-academic matters (including making Regulations of procedures in respect thereof) in such manner as it may think fit from time to time and to report thereon to Council;
  20. to regulate the discipline of the students of the University in respect of both academic and non academic matters and to determine from time to time by means of Regulation in what manner disciplinary powers, duties and functions shall be exercised;
  21. to suspend, discipline, exclude or expel any student in accordance with the provisions of any Regulation from time to time made under Statute 14.4 (xx).
  22. after consideration of a report from the Vice-Chancellor and Principal, and subject to the provisions of Statute 20 to suspend or to expel any student who, having been suspended or excluded by the Vice-Chancellor and Principal, appears to the Senate to have been guilty of grave misconduct or to be suffering from a medical condition which renders the student unfit to continue his or her studies;
  23. to do such other acts and things as the Council may authorise.
  24. to regulate academic relationships with other institutions of learning and to recommend to the Council for approval by the Council such forms of academic collaboration as will assist the University in achieving its academic objectives.

14.5 One-half of the total actual membership of the Senate, or the nearest whole number less than one-half of such number if the latter is not a multiple of two, shall constitute a quorum. In the absence of a quorum no business shall be transacted other than the adjournment of the meeting. At the adjourned meeting the business for which the original meeting was called may be completed in the absence of a quorum. The manner of summoning the adjourned meeting and the period of notice given shall be as prescribed in the Regulations.

14.6 There shall be a Secretary to the Senate who shall be appointed by the Vice-Chancellor and Principal.

14.7

  1. The Senate may establish Committees of its members and may appoint to such Committees persons who are members of the Academic Staff but who are not members of the Senate;
  2. The Vice-Chancellor and Principal, or in his or her absence, the Vice-Principal, shall be ex-officio a member of all Committees of the Senate and of all Joint Committees of the Council and the Senate.

15. Conferment of Degrees of the University

The University shall from time to time hold ceremonies and presentations at which degrees and other awards shall be conferred or presented (as the case may be) by the Chancellor or in his or her absence as determined by Regulation of the Senate. The procedures for such ceremonies and presentations shall be determined by Regulation of the Senate from time to time.

16. Reserved Matters

There shall be procedures for the transacting of reserved areas of business which shall be defined by Ordinances approved by Council. Matters affecting appointment, promotion, dismissal and personal affairs of individual members of staff of the University and matters affecting the admission and academic assessment of individual students whether personally or as a class shall always be reserved as shall commercially sensitive matters.

17. Academic Staff

Part I Construction, Application and Interpretation

Construction

1. This Statute and any Ordinance or Regulation made under this Statute shall be
construed in every case to give effect to the following guiding principles, that is to say -

(a) to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges;

(b) to enable the University to provide education, promote learning and engage in research efficiently and economically; and

(c) to apply the principles of justice and fairness.

Reasonableness of decisions

2. No provision in Part II or Part III shall enable the body or person having the duty to reach a decision under the relevant Part to dismiss any member of the academic staff unless the reason for his or her dismissal may in the circumstances (including the size and administrative resources of the University) reasonably be treated as a sufficient reason the dismissal.

Application

3.

(1) This Statute shall apply

(a) to the persons defined as "academic staff" in Statute 1.1;

(b) to the Vice-Chancellor and Principal to the extent and in the manner set out in the Annex to this Statute.

(2) In this Statute any reference to "academic staff" is a reference to persons to whom this Statute applies.

Interpretation

Meaning of "dismissal"

4. In this Statute "dismiss" and "dismissal" mean dismissal of a member of the academic staff and -

(a) include remove or, as the case may be, removal from office; and

(b) in relation to employment under a contract, shall be construed in accordance with section 95 of the Employment Rights Act 1996

Meaning of "good cause"

5.

(1) For the purposes of this Statute "good cause" in relation to the dismissal or removal from office or place of a member of the academic staff, being in any case a reason which is related to conduct or to capability or qualifications for performing work of the kind which the member of the academic staff concerned was appointed or employed to do, means -

(a) conviction for an offence which may be deemed by a Tribunal appointed under Part III to be such as to render the person convicted unfit for the execution of the duties of the office or
employment as a member of the academic staff; or

(b) conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of the office or employment; or

(c) conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of office; or

(d) physical or mental incapacity established under Part IV.

(2) In this clause -

(a) "capability", in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and

(b) "qualifications", in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by that
member.

Meaning of "redundancy"

6. For the purposes of this Statute dismissal shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to -

(a) the fact that the University has ceased, or intends to cease, to carry on the activity for the purposes of which the member of the academic staff concerned was appointed or employed by the University, or has ceased, or intends to cease, to carry on that activity in the place in which the member concerned worked; or

(b) the fact that the requirements of that activity for members of the academic staff to carry out work of a particular kind, or for members of the academic staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.

Incidental, supplementary and transitional matters

7.

(1) In any case of conflict, the provisions of this Statute shall prevail over those of any other Statute and over those of the Ordinances and Regulations and the provisions of any Ordinance made under this Statute shall prevail over those of any other Ordinance: Provided that Part III of and the Annex to this Statute shall not apply in relation to anything done or omitted to be done before the date on which the instrument making these modifications was approved under subsection (9) of section 204 of the Education Reform Act 1988.

(2) Nothing in any appointment made, or contract entered into, shall be construed as over-riding or excluding any provision made by this Statute concerning the dismissal of a member of the academic staff by reason of redundancy or for good cause: Provided that nothing in this sub-clause shall prevent waivers made under section 197 of the Employment Rights Act 1996 from having effect.

(3) Nothing in any other Statute or in any Ordinance or Regulation made thereunder shall authorise or require any officer of the University to sit as a member of any Committee, Tribunal or body appointed under this Statute or to be present when any such Committee, Tribunal or body is meeting to arrive at its decision or for the purpose of discussing any point of procedure.

(4) In this Statute references to numbered Parts, clauses, and sub-clauses are references to Parts, clauses, and sub-clauses so numbered in this Statute.

Part II Redundancy

Purpose of Part II

8. This Part enables the Council, as the appropriate body, to dismiss any member of the academic staff by reason of redundancy.

Exclusion from Part II of persons appointed or promoted before 20th November 1987

9.

(1) Nothing in this Part shall prejudice, alter or affect any rights, powers or duties of the University or apply in relation to a person unless -

(a) his or her appointment is made, or his or her contract of employment is entered into, on or after 20th November 1987; or

(b) he or she is promoted on or after that date.

(2) For the purposes of this clause in relation to a person, a reference to an appointment made or a contract entered into on or after 20th November 1987 or to promotion on or after that date shall be construed in accordance with subsections (3) to (6) of section 204 of the Education Reform Act 1988.

The Appropriate Body

10.

(1) The Council shall be the appropriate body for the purposes of this Part.

(2) This clause applies where the appropriate body has decided that it is desirable that there should be a reduction in the academic staff -

(a) of the University as a whole; or

(b) of any faculty, school, department or other similar area of the University by way of redundancy.

11.

(1) Where the appropriate body has reached a decision under clause 10(2) it shall appoint a Redundancy Committee to be constituted in accordance with sub-clause (3) of this clause to give effect to its decision by such date as it may specify and for that purpose

(a) to select and recommend the requisite members of the academic staff for dismissal by reason of redundancy; and

(b) to report their recommendations to the appropriate body.

(2) The appropriate body shall either approve any selection recommendation made under sub-clause (1), or shall remit it to the Redundancy Committee for further consideration in accordance with its further directions.

(3) A Redundancy Committee appointed by the appropriate body shall comprise -

(a) a Chairman; and

(b) two members of the Council, not being persons employed by the University; and

(c) two members of the academic staff nominated by the Senate.

Notices of intended dismissal

12.

(1) Where the appropriate body has approved a selection recommendation made under clause 11(1) it may authorise an officer of the University as its delegate to dismiss any member of the academic staff so selected.

(2) Each member of the academic staff selected shall be given separate notice of the selection approved by the appropriate body.

(3) Each separate notice shall sufficiently identify the circumstances which have satisfied the appropriate body that the intended dismissal is reasonable and in particular shall include -

(a) a summary of the action taken by the appropriate body under this Part;

(b) an account of the selection processes used by the Redundancy Committee;

(c) a reference to the rights of the person notified to appeal against the notice and to the time within which any such appeal is to be lodged under Part V (Appeals); and

(d) a statement as to when the intended dismissal is to take effect.

Part III Discipline, Dismissal and Removal from Office

Disciplinary procedures

13.

(1) Minor faults shall be dealt with informally.

(2) Where the matter is more serious but falls short of constituting possible good cause for dismissal the following procedure shall be used -

Stage 1 - Oral Warning

If conduct or performance does not meet acceptable standards the member of the academic staff will normally be given a formal ORAL WARNING. The member will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure and of the right of appeal under this clause. A brief note of the oral warning will be kept but it will be spent after 12 months, subject to satisfactory conduct and performance.

Stage 2 - Written Warning

If the offence is a serious one, or if a further offence occurs, a WRITTEN WARNING will be given to the member of the academic staff by the Head of Department. This will give details of the complaint, the improvement required and the timescale. It will warn that a complaint may be made to an officer appointed for the purpose by the Council seeking the institution of charges to be heard by a Tribunal appointed under clause 16 if there is no satisfactory improvement and will advise of the right of appeal under this clause. A copy of this written warning will be kept by the Head of Department but it will be disregarded for disciplinary purposes after 2 years subject to satisfactory conduct and performance.

Stage 3 - Appeals

A member of the academic staff who wishes to appeal against a disciplinary warning shall inform an officer appointed for the purpose by the Council within two weeks. The appropriate Pro-Vice-Chancellor shall hear all such appeals and his or her decision shall be final.

Preliminary examination of serious disciplinary matters

14.

(1) If there has been no satisfactory improvement following a written warning given under Stage 2 of the procedure in clause 13, or in any other case where it is alleged that conduct or performance may constitute good cause for dismissal or removal from office, a complaint seeking the institution of charges to be heard by a Tribunal appointed under clause 16 may be made to the officer appointed by the Council in Clause 13(2) who shall bring it to the attention of the Vice-Chancellor and Principal.

(2) To enable the Vice-Chancellor and Principal to deal fairly with any complaint brought to his or her attention under sub-clause (1) the Vice- Chancellor and Principal shall institute such investigations or enquiries (if any) as appear to him or her to be necessary.

(3) If it appears to the Vice-Chancellor and Principal that a complaint brought to his or her attention under sub-clause (1) relates to conduct or performance which does not meet acceptable standards but for which no written warning has been given under clause 13 or which relates to a particular alleged infringement of rules, regulations or byelaws for which a standard penalty is normally imposed in the University or within the faculty, school, department or other relevant area, or is trivial or invalid the Vice-Chancellor and Principal may dismiss it summarily, or decide not to proceed further under this Part.

(4) If the Vice-Chancellor and Principal does not dispose of a complaint under sub-clause (3) he or she shall treat the complaint as disclosing a sufficient reason for proceeding further under this Part and, if he or she sees fit, may suspend the member on full pay pending a final decision.

(5) Where the Vice-Chancellor and Principal proceeds further under this Part he or she shall write to the member of the academic staff concerned inviting comment in writing.

(6) As soon as may be following receipt of the comments (if any) the Vice-Chancellor and Principal shall consider the matter in the light of all the material then available and may -

(a) dismiss it; or

(b) refer it for consideration under clause 13; or

(c) deal with it informally if it appears to the Vice-Chancellor and Principal appropriate to do so and if the member of the academic staff agrees in writing that the matter should be dealt
with in that way; or

(d) direct the officer appointed by the Council in Clause 13(2) to prefer a charge or charges to be considered by a Tribunal to be appointed under clause 16.

(7) If no comment is received within 28 days the Vice-Chancellor and Principal may proceed as aforesaid as if the member concerned had denied the substance and validity of the alleged case in its entirety.

Institution of Charges

15.

(1) In any case where the Vice-Chancellor and Principal has directed that a charge or charges be preferred under clause 14(6)(d), he or she shall request the Council to appoint a Tribunal under clause 16 to hear the charge or charges and to determine whether the conduct or performance of the member of the academic staff concerned constitutes good cause for dismissal or otherwise constitutes a serious complaint relating to the member's appointment or employment.

(2) Where the Council has been requested to appoint a Tribunal under clause 16 the officer appointed by the Council in clause 13(2) or, if he or she is unable to act, another officer appointed by the Vice-Chancellor and Principal shall take charge of the proceedings.

(3) The officer in charge of the proceedings shall formulate, or arrange for the formulation of, the charge or charges and shall present, or arrange for the presentation of, the charge or charges before the Tribunal.

(4) It shall be the duty of the officer in charge of the proceedings

(a) to forward the charge or charges to the Tribunal and to the member of the academic staff concerned together with the other documents therein specified, 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

Tribunal.

17. A Tribunal appointed by the Council shall comprise:

(a) a Chairman; and

(b) one member of the Council, not being a person employed by the University; and

(c) one member of the academic staff nominated by the Senate.

(1) The procedure to be followed in respect of the preparation, hearing and determination of charges by a Tribunal shall be that set out in Ordinances made under this clause.

(2) Without prejudice to the generality of the foregoing such Ordinances
shall ensure -

(a) that the member of the academic staff concerned is entitled to be represented by another person, whether such person be legally qualified or not, in connection with and at any hearing of charges by a Tribunal;

(b) that a charge shall not be determined without an oral hearing at which the member of the academic staff concerned and any person appointed to represent him or her are entitled to be present;

(c) that the member of the academic staff and any person representing the staff member may call witnesses and may question witnesses upon the evidence on which the case against him or her is based; and

(d) that full and sufficient provision is made -

(i) for postponements, adjournments, dismissal of the charge or charges for want of prosecution, remission of the charge or charges to the Vice-Chancellor and Principal for further consideration and for the correction of accidental errors; and

(ii) for appropriate time limits for each stage (including the hearing) to the intent that any charge thereunder shall be heard and determined by a Tribunal as expeditiously as reasonably practicable.

Notification of Tribunal decisions

18.

(1) A Tribunal shall send its decision on any charge referred to it (together with its findings of fact and the reasons for its decision regarding that charge and its recommendations, if any, as to the appropriate penalty) to the Vice-Chancellor and Principal and to each party to the proceedings.
(2) A Tribunal shall draw attention to the period of time within which any appeal should be made by ensuring that a copy of Part V (Appeals) accompanies each copy of its decision sent to a party to the proceedings under this clause.

Powers of the appropriate officer where charges are upheld by Tribunal

19.

(1) Where the charge or charges are upheld and the Tribunal finds good cause and recommends dismissal or removal from office, but in no other case, the appropriate officer shall decide whether or not to dismiss the member of the academic staff concerned.

(2) In any case where the charge or charges are upheld, other than where the appropriate officer has decided under sub-clause (1) to dismiss the member of the academic staff concerned, the action available to the appropriate officer (not comprising a greater penalty than that recommended by the Tribunal) may be -

(a) to discuss the issues raised with the member concerned; or

(b) to advise the member concerned about his or her future conduct; or

(c) to warn the member concerned; or

(d) to suspend the member concerned for such period as the appropriate officer shall think fair and reasonable, not to exceed 3 months after the Tribunal's decision; or

(e) any combination of any of the above or such further or other action under the member's contract of employment or terms of appointment as appears fair and reasonable in all the
circumstances of the case.

Appropriate Officers

20.

(1) The Vice-Chancellor and Principal shall be the appropriate officer to exercise the powers conferred by clause 19 and any reference to the appropriate officer includes a reference to a delegate of that officer.

(2) Any action taken by the appropriate officer shall be confirmed in writing.

Part IV Removal for incapacity on Medical Grounds

21.

(1) This Part makes separate provision for the assessment of incapacity on medical grounds as a good cause for dismissal or removal from office.

(2) In this Part references to medical grounds are references to capability assessed by reference to health or any other physical or mental quality.

(3) In this Part references to the appropriate officer are references to the Vice-Chancellor and Principal or an officer acting as his or her delegate to perform the relevant act.

(4) References to the member of the academic staff include, in cases where the nature of the alleged disability so requires, a responsible relative or friend in addition to (or instead of) that member.

22.

(1) Where it appears that the removal of a member of the academic staff on medical grounds would be justified, the appropriate officer-

(a) shall inform the member accordingly; and

(b) shall notify the member in writing that it is proposed to make an application to the member's doctor for a medical report and shall seek the member's consent in writing in accordance with the requirements of the Access to Medical Reports Act 1988.

(2) If the member shares that view the University shall meet the reasonable costs of any medical opinion required.

(3) If the member does not share that view the appropriate officer shall refer the case in confidence, with any supporting medical and other evidence (including any medical evidence submitted by the member), to a Board comprising one person nominated by the Council; one
person nominated by the member concerned or, in default of the latter nomination, by the Senate; and a medically qualified Chairman jointly agreed by the Council and the member or, in default of agreement, to be nominated by the President of the Royal College of Physicians.

(4) The Board may require the member concerned to undergo medical examination at the University's expense.

Termination of Employment

23. If the Board determines that the member shall be required to retire on medical grounds, the appropriate officer shall direct the officer responsible for such matters to terminate the employment of the member concerned on those medical grounds.

Part V Appeals

Purpose of Part V

24. This Part establishes procedures for hearing and determining appeals by members of the academic staff who are dismissed or under notice of dismissal or who are otherwise disciplined.

Application and interpretation of Part V

25.

(1) This Part applies -

(a) to appeals against the decisions of the Council as the appropriate body (or of a delegate of that body) to dismiss in the exercise of its powers under Part II;

(b) to appeals arising in any proceedings, or out of any decision reached, under Part III other than appeals under clause 13 (Appeals against disciplinary warnings);

(c) to appeals against dismissal otherwise than in pursuance of Part II or Part III;

(d) to appeals against discipline otherwise than in pursuance of Part III; and

(e) to appeals against decisions reached under Part IV and "appeal" and "appellant" shall be construed accordingly.

(2) No appeal shall however lie against -

(a) a decision of the appropriate body under clause 10(2);

(b) the findings of fact of a Tribunal under clause 18(1) save where, with the consent of the person or persons hearing the appeal, fresh evidence is called on behalf of the appellant at that hearing;

(c) any finding by a Board set up under clause 22(3).

(3) In this Part references to "the person appointed" are references to the person appointed by the Council under clause 28 to hear and determine the relevant appeal.

(4) The parties to an appeal shall be the appellant and officer appointed by the Council in Clause 13(2) and any other person added as a party at the direction of the person appointed.

Institution of Appeals

26. A member of the academic staff shall institute an appeal by serving on the officer appointed by the Council in Clause 13(2), within the time allowed under clause 27, notice in writing setting out the grounds of the appeal.

Time for appealing and notices of appeal

27.

(1) A notice of appeal shall be served within 28 days of the date on which the document recording the decision appealed from was sent to the appellant or such longer period, if any, as the person appointed may determine under sub-clause (3).

(2) The officer appointed by the Council in Clause 13(2) shall bring any notice of appeal received (and the date when it was served) to the attention of the Council and shall inform the appellant this has been done.

(3) Where the notice of appeal was served on the officer appointed by the Council in Clause 13(2) outside the 28 day period the person appointed under clause 28 shall not permit the appeal to proceed unless the officer considers that justice and fairness so require in the circumstances of the case.

Persons appointed to hear and determine appeals

28.

(1) Where an appeal is instituted under this Part the Council shall appoint a person described in sub-clause (2) to hear and determine that appeal.

(2) The persons described in this sub-clause are persons not employed by the University holding, or having held, judicial office or being barristers or solicitors of at least ten years' standing.

(3) The person appointed shall sit alone unless he or she considers that justice and fairness will best be served by sitting with two other persons.

(4) The other persons who may sit with the person appointed shall be -

(a) one member of the Council not being a person employed by the University; and

(b) one member of the academic staff nominated by the Senate.

Provisions concerning appeal procedures and powers

29.

(1) The procedure to be followed in respect of the preparation, consolidation, hearing and determination of appeals shall be that set out in Ordinances made under this clause.

(2) Without prejudice to the generality of the foregoing such Ordinances shall ensure -

(a) that an appellant is entitled to be represented by another person, whether such person be legally qualified or not, in connection with and at any hearing of his or her appeal;

(b) that an appeal shall not be determined without an oral hearing at which the appellant, and any person to represent him or her are entitled to be present and, with the consent of the person or persons hearing the appeal, to call witnesses;

(c) that full and sufficient provision is made for postponements, adjournments, dismissal of the appeal for want of prosecution and for the correction of accidental errors; and

(d) that the person appointed may set appropriate time limits for each stage (including the hearing itself) to the intent that any appeal shall be heard and determined as expeditiously as
reasonably practicable.

(3) The person or persons hearing the appeal may allow or dismiss an appeal in whole or in part and, without prejudice to the foregoing, may -

(a) remit an appeal from a decision under Part II to the Council as the appropriate body (or any issue arising in the course of such an appeal) for further consideration as the person or persons hearing the appeal may direct; or

(b) remit an appeal arising under Part III for re-hearing by a differently constituted Tribunal to be appointed under that Part; or

(c) remit an appeal from a decision of the appropriate officer under Part IV for further consideration as the person or persons hearing the appeal may direct; or

(d) substitute any lesser alternative penalty that would have been open to the appropriate officer following the finding by the Tribunal which heard and pronounced upon the original charge or charges.

Notification of decisions

30. The person appointed shall send the reasoned decision, including any decision reached in exercise of his or her powers under clause 29(3) (a), (b) or (c), on any appeal together with any findings of fact different from those come to by the Council as the appropriate body under Part II or by the Tribunal under Part III, as the case may be, to the Vice-Chancellor and Principal and to the parties to the appeal.

Part VI Grievance Procedures

Purpose of Part VI

31. The aim of this Part is to settle or redress individual grievances promptly, fairly and so far as may be, within the faculty, school, department or other relevant area by methods acceptable to all parties.

Application

32. The grievances to which this Part applies are ones by members of the academic staff concerning their appointments or employment where those grievances relate -

(a) to matters affecting themselves as individuals; or

(b) to matters affecting their personal dealings or relationships with other staff of the University, not being matters for which express provision is made elsewhere in this Statute.

Exclusion and Informal Procedures

33.

(1) If other remedies within the faculty, school, department or other relevant area have been exhausted the member of the academic staff may raise the matter with the Head of the faculty, school, department or other relevant area.

(2)
If the member of the academic staff is dissatisfied with the result of an approach under sub-clause (1) or if the grievance directly concerns the Head of the faculty, school, department or other relevant area, the member may apply in writing to the Vice-Chancellor and Principal for redress of the grievance.

(3) If it appears to the Vice-Chancellor and Principal that the matter has been finally determined under Part III, IV or V or that the grievance is trivial or invalid, he or she may dismiss it summarily, or take no action upon it. If it so appears to the Vice-Chancellor and Principal he or she shall inform the member and the Grievance Committee accordingly.

(4) If the Vice-Chancellor and Principal is satisfied that the subject matter of the grievance could properly be considered with (or form the whole or any part of) -

(a) a complaint under Part III;

(b) a determination under Part IV; or

(c) an appeal under Part V
he or she shall defer action upon it under this Part until the relevant complaint, determination or appeal has been heard or the time for instituting it has passed and he or she shall notify the member and the Grievance Committee accordingly.

(5) If the Vice-Chancellor and Principal does not reject the complaint under sub-clause (3) or if he or she does not defer action upon it under sub-clause (4) he or she shall decide whether it would be appropriate, having regard to the interests of justice and fairness, for him or her to seek to dispose of it informally. If the Vice-Chancellor and Principal so decides he or she shall notify the member and proceed accordingly.

Grievance Committee Procedure

34. If the grievance has not been disposed of informally under clause 33(5), the Vice-Chancellor and Principal shall refer the matter to the Grievance Committee for consideration.

35. The Grievance Committee to be appointed by the Council shall comprise -

(a) a Chairman; and

(b) one member of the Council not being a person employed by the University; and

(c) one member of the academic staff nominated by the Senate.

Procedure in connection with determinations; and right to representation

36. The procedure in connection with the consideration and determination of grievances shall be determined in Ordinances in such a way as to ensure that the aggrieved person and any person against whom the grievance lies shall have the right to be heard at a hearing and to be accompanied by a friend or representative.

Notification of decisions

37. The Committee shall inform the Council whether the grievance is or is not well-found and if it is well-found the Committee shall make such proposals for the redress of the grievance as it sees fit.
Clause 3(l) (c)

Annex - Provision as to the Vice-Chancellor and Principal

PROVISION AS TO THE VICE-CHANCELLOR AND PRINCIPAL

1. The Council may request its Chairman to remove the Vice- Chancellor and Principal from office for good cause in accordance with the procedure described in this Annex.
(1) A complaint seeking the removal from office of the Vice-Chancellor and Principal for good cause may be made by not less than three members of the Council to the Chairman of the Council.
(2) If it appears to the Chairman of the Council, on the material presented, that the complaint raises a prima facie case and that this could, if proved, constitute good cause for dismissal or removal from office the Chairman shall request the Council to appoint a Tribunal to hear and
determine the matter.
(3) If it appears to the Chairman of the Council that a complaint made under sub-clause (1) does not raise a prima facie case or is trivial or invalid, he or she may recommend to the Council that no further action be taken upon it.
(4) When the Council has appointed a Tribunal under sub-clause (2) it shall 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 Tribunal.
(5) A Tribunal appointed by the Council shall comprise:
(a) an independent Chairman; and
(b) one member of the Council, not being a person employed by the University; and
(c) one member of the academic staff.
(6) Subject to the principles of justice and fairness the Tribunal may determine its own procedure.
(7) The Tribunal shall send its reasoned decision on any charge referred to it together with its findings of fact regarding the charge and its recommendations, if any, as to the appropriate penalty to the Chairman of the Council and to the Vice-Chancellor and Principal drawing
attention to the period of time within which any appeal should be made.
(8) Persons appointed to hear such an appeal shall be persons independent of the University holding, or having held, judicial office or being barristers or solicitors of at least 10 years' standing and the person so appointed shall, subject to the principles of justice and fairness, determine the procedure to be adopted in hearing the appeal.
(9) A person appointed shall send the reasoned decision on the appeal, together with any findings of fact different from those come to by the Tribunal and his or her recommendations, if any, as to the appropriate penalty, to the Vice-Chancellor and Principal and to the Chairman of the Council.
(10) Where a charge or charges have been upheld by the Tribunal and not dismissed on appeal, the Chairman of the Council shall decide whether or not to dismiss the Vice-Chancellor and Principal.

2. Where a complaint is to be referred to a Tribunal under this Statute, the Chairman of the Council may suspend the Vice-Chancellor and Principal from his or her duties and may exclude the Vice-Chancellor and Principal from the precincts of the University or any part thereof without loss of salary.

3. "Good cause" in this Annex has the same meaning as in clause 5 of this Statute.

4. For the purpose of the removal of the Vice-Chancellor and Principal or incapacity on medical grounds, Part IV of this Statute shall have effect subject to the following modifications:-
(a) for references to a member of the academic staff there shall be substituted references to the Vice-Chancellor and Principal;
(b) for any reference to the office of Vice-Chancellor and Principal there shall be substituted a reference to the office of Chairman of the Council;
(c) for clause 23 there shall be substituted -
"23. If the Board determines that the Vice-Chancellor and Principal should be required to retire on medical grounds, it shall ask the Chairman as the appropriate officer, to decide whether or not to terminate the appointment of the Vice-Chancellor and Principal on those medical grounds."

18 Removal of Other Staff

18.1 All members of the staff other than those specified in Statute 17 may be removed for good cause by the Vice-Chancellor and Principal in accordance with the terms and conditions of their appointment.

19. Appeals by Students
19.1 A student who, in accordance with Statute 5.5 has been suspended, disciplined or excluded or expelled, or who in accordance with Statute 14.4 (xxi) has been suspended, disciplined, excluded or expelled from the University may appeal pursuant to Regulation of the Senate.

19.2 The student’s right of appeal and the conduct of any such appeal shall be exercised subject to the provisions of any Regulation of the Senate from time to time made under Statute 14.4 (xix) and (xx).

20. Service of Notice and Documents

20.1 Any notice or document required by or for the purpose of the Charter or these Statutes to be given or sent to a Member may be given or sent personally or by sending it by post to him or her at his or her last address registered with the University or by e-mail to an e-mail address provided by such person. Failure to send or receive such notice or document shall not invalidate any proceedings, meetings or other engagements to which such notice or document relates.

20.2 Where a notice or other document is sent by post, service thereof shall be deemed to have been properly effected by properly addressing and posting a letter containing the notice or other document and shall be deemed to have been effected at the time at which the letter would in the ordinary course be delivered. Where a notice or other document is delivered by e-mail it shall be deemed to have been properly sent if sent to the correct e-mail address of such person and if not returned as undelivered within 1 hour of being sent and shall be deemed to have been effected on the day of sending.

21. Acts during Vacancies

21.1 No act or resolution of the Council, the Senate, or any other bodies constituted in accordance with these Statutes shall be invalid by reason only of any vacancy in the body doing or passing it or by reason only of any want of qualification by or invalidity in the election or appointment of any de facto member of the body whether present or absent.

22. Interpretation of Statutes

22.1 These Statutes shall be interpreted in such manner as not to conflict with the Charter.

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