Statutes and Ordinances of the University of Cambridge
SCHEDULE TO STATUTE C
pp. 24–25
ACADEMIC STAFF

In this section

Chapter III

DISCIPLINE, DISMISSAL, AND REMOVAL FROM OFFICE

1. For the purpose of any disciplinary procedures under Sections 2–4 below the responsible person in relation to any particular member of the academic staff shall be the Head of the appropriate Department or other institution, or the Chair of the Board, Syndicate, or other body which is chiefly concerned with the member’s duties.

2. If it appears to the responsible person 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 responsible person concludes after investigation that the member is at fault, he or she may issue an oral warning to the member. The responsible person shall specify the reason for the warning, shall indicate that it constitutes the first stage of the University’s disciplinary procedure, and shall advise the member that he or she may appeal against the warning by following the procedure laid down in pursuant to Chapter VI for the redress of a grievance.

3. If the responsible person 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 responsible person shall advise the member that he or she may appeal against the warning by following the procedure laid down in pursuant to Chapter VI for the redress of a grievance, and shall indicate that, if no satisfactory improvement takes place within the stated time, a complaint may be made to the Vice-Chancellor under Section 5 below.

4. The responsible person shall keep a written record of any warning issued under Section 2 or Section 3 above. No further account shall be taken of an oral warning when one year has elapsed after the date of its issue, and no further account shall be taken of a written warning when two years have elapsed after the date of its issue.

5. If a complaint is made to the Vice-Chancellor concerning the conduct or performance of a member of the academic staff, and if it appears to the Vice-Chancellor that there are grounds for believing that the conduct or performance to which the complaint relates could constitute good cause for dismissal, the Vice-Chancellor shall institute such investigations or inquiries (if any) as appear to him or her to be necessary.

6. If in a particular case it appears to the Vice-Chancellor that a complaint concerning a member of the academic staff is trivial or unjustified, or that it relates to an alleged infringement of Statutes or Ordinances, or of rules made under any Ordinance, for which a standard penalty is normally imposed in the University or within the School, Faculty, Department, or other institution, the Vice-Chancellor may dismiss the complaint summarily, or decide not to proceed further under this chapter.

7. In the case of a complaint not disposed of under Section 6 above, the Vice-Chancellor shall treat the complaint as disclosing a sufficient reason for proceeding further under this chapter and shall write to the member of the academic staff concerned inviting comment in writing. The Vice-Chancellor shall have discretion:

  1. (a)to suspend the member without loss of stipend, and
  2. (b)to exclude the member from all University premises or any part thereof, pending a final decision.

8. As soon as may be following the receipt of any comments, or after twenty-eight days if no comment is received within that period, the Vice-Chancellor shall consider the matter in the light of all the evidence then available. If no comment is received within twenty-eight days, the Vice-Chancellor may proceed as if the member of the academic staff had denied the complaint in its entirety. The Vice-Chancellor may:

  1. (a)dismiss the matter; or
  2. (b)refer the matter for consideration under Sections 2 and 3 of this chapter or under Statute D II 2; or
  3. (c)deal with it informally if it appears to the Vice-Chancellor 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
  4. (d)direct the University Advocate to prefer a charge or charges to be considered by the University Tribunal.

9. If the Vice-Chancellor has directed the University Advocate to prefer a charge or charges, the Clerk of the Tribunal shall notify the member concerned of the date, time, and place to attend the Tribunal, and of the charge or charges, and shall send the member any documents specified therein. The University Advocate shall present the charge or charges to the Tribunal, shall make any necessary administrative arrangements for the summoning of witnesses and the production of documents, and shall be generally responsible for the proper presentation of the case to the Tribunal.

10. The procedure to be followed in respect of the preparation, hearing, and determination of charges by the Tribunal shall be prescribed by Ordinances made under this section.

11. Without prejudice to the generality of the foregoing, such Ordinances shall ensure:

  1. (a)that the member of the academic staff concerned is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing by the Tribunal;
  2. (b)that a charge shall not be determined without an oral hearing at which the member concerned and any person appointed by the member to represent him or her are entitled to be present;
  3. (c)that witnesses may be called, both on behalf of the member and by the University Advocate, and that such witnesses may be questioned concerning any relevant evidence;
  4. (d)that full and sufficient provision is made for postponements, adjournments, dismissal of the charge or charges for want of prosecution, remission of the charge or charges to the Vice-Chancellor for further consideration, and for the correction of accidental errors;
  5. (e)that appropriate time limits are set for each stage of the proceedings (including the hearing) to the intent that the charge shall be heard and determined by the Tribunal as expeditiously as is reasonably practicable.

12. If the charge or charges are upheld, the Tribunal shall determine the appropriate penalty (if any), which may be:

  1. (a)if the Tribunal finds that the conduct or performance of the member of the academic staff concerned constitutes good cause for dismissal, the removal of the member from office; or
  2. (b)such lesser penalty under the member’s contract of employment or terms of appointment, including any penalty specified in Statute D II 3, as appears to the Tribunal fair and reasonable in all the circumstances of the case.

If the Tribunal determines that dismissal is the appropriate penalty, the Chair of the Tribunal shall have power to impose that penalty. If the Chair does not impose the penalty of dismissal, or if the Tribunal has determined that some lesser penalty is appropriate, the Tribunal may impose a sentence in accordance with the provisions of Statute D II 3.

13. The Clerk of the Tribunal shall notify the Vice-Chancellor, the University Advocate, and the member concerned of the Tribunal’s decision on any charge referred to it. Such notification shall include the Tribunal’s findings of fact regarding the charge, the reasons for its decision, the penalty (if any) determined by the Tribunal, and the penalty (if any) imposed by the Tribunal or the Chair. The Clerk of the Tribunal shall draw attention to the period of time within which any appeal should be instituted by ensuring that a copy of the procedure for appeal under Special Ordinance1 is sent to the member concerned.

Footnotes

  1. 1. See Special Ordinance C (xiii), p. 94.b