College Statutes - Downing College - University of Cambridge

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(i) (ii) shall not affect the validity of any compromise agreement made under section 203 of the Employment Rights Act 1996, or any agreement or waiver of rights permitted by law generally; and shall not preclude any member of the academic staff agreeing to terminate his or her office or employment by the College on whatever terms may be agreed. (d) Parts II to V of this Statute shall not apply to the dismissal of a member of the academic staff from any secondary office or employment, provided that dismissal from a primary office or employment is not in contemplation. The Governing Body shall prescribe by Ordinance a procedure for dealing with removal from a secondary office or employment before its prescribed or normal termination date, which shall include provision for a hearing and an appeal. 2. General principles of construction and application (a) This Statute and any Ordinance made under this Statute shall be applied and construed in every case to give effect to the following guiding principles: (i) (ii) (iii) to ensure that members of the 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; to enable the College to provide education, to promote learning, and to engage in research efficiently and economically; and to apply the principles of justice and fairness. (b) Nothing in this Statute shall be construed as affecting the Statutes and Ordinances of the College concerning re-election on the expiry of a fixed term of a Fellowship. 3. Dismissal (a) For the purposes of this Statute, ‘dismiss’ includes remove from office; related expressions shall be interpreted accordingly. In relation to employment under a contract, the terms shall be construed in accordance with section 95 of the Employment Rights Act 1996. (b) A member of the academic staff may be dismissed if that dismissal is for a reason set out in section 98 of the Employment Rights Act 1996. 29
(c) A member of the academic staff may be dismissed (i) (ii) (iii) (iv) by reason of redundancy in accordance with Part II of this Statute; for disciplinary reasons in accordance with Part III of this Statute; for incapacity on health grounds in accordance with Part IV of this Statute; and on other grounds, including the non-renewal of a fixedterm appointment or the non-confirmation of appointment at the end of an initial probationary period, in accordance with Part V of this Statute. 4. Hearing, appeal and grievance panels (a) (b) (c) (d) A panel established for the purposes of this Statute shall comprise three persons, none of whom shall have had any involvement with the matter that would make his or her participation as a member of the panel unfair. The Governing Body may by Ordinance provide rules for the conduct of panels. Such rules may make provision for a panel to continue their consideration of a matter notwithstanding a reduction in their membership. A panel established for the purposes of this Statute shall conduct a hearing into the matter before them. At any hearing, the member of the academic staff concerned shall be entitled to be accompanied by a representative or another person of his or her choosing. A panel established for the purposes of this Statute shall give a reasoned decision to the member of the academic staff concerned, which shall be reported to the Governing Body. Part II: Redundancy 5. Application (a) Nothing in this Part shall prejudice, alter or affect any rights, powers or duties of the College or apply in relation to a person unless: 30
Page 1 and 2: DOWNING COLLEGE CAMBRIDGE STATUTES
Page 3 and 4: STATUTE XIX Of Residence...........
Page 5 and 6: STATUTE I Of the Foundation of the
Page 7 and 8: STATUTE III Of the Visitor 1. As pr
Page 9 and 10: 7. At least one meeting of the Gove
Page 11 and 12: STATUTE VI Of the Appointment of Co
Page 13 and 14: Governing Body' or 'the Members of
Page 15 and 16: specified in Ordinances, or after t
Page 17 and 18: STATUTE X Of the Fellows Section I:
Page 19 and 20: (d) above who have been designated
Page 21 and 22: STATUTE XII Of Past Fellows And Of
Page 23 and 24: STATUTE XIV Of the Titles of Associ
Page 25 and 26: STATUTE XVI Of the Title of Visitin
Page 27 and 28: STATUTE XVIII Of Admission of Certa
Page 29: STATUTE XX Of Academic Staff Part I
Page 33 and 34: 8. Appeal against dismissal by reas
Page 35 and 36: 11. Appeals (a) (b) (c) (d) (e) A m
Page 37 and 38: (ii) (iii) (iv) (v) the performance
Page 39 and 40: complaint by any three Fellows seek
Page 41 and 42: STATUTE XXII Of the Disciplinary Co
Page 43 and 44: STATUTE XXIV Of the College Lecture
Page 45 and 46: STATUTE XXVI Of the Tutors 1. The G
Page 47 and 48: STATUTE XXVIII Of the Library and o
Page 49 and 50: STATUTE XXX Of the Fellows’ Stewa
Page 51 and 52: STATUTE XXXII Of the Fellow Archivi
Page 53 and 54: STATUTE XXXIV Of College Offices 1.
Page 55 and 56: STATUTE XXXVI Of the Age of Retirem
Page 57 and 58: STATUTE XXXVIII Of Commons The Mast
Page 59 and 60: STATUTE XL Of Contribution to the U
Page 61 and 62: STATUTE XLII Of Payments and Allowa
Page 63 and 64: STATUTE XLIV Of the College Staff T
Page 65 and 66: STATUTE XLVI Of Endowments The Coll
Page 67 and 68: STATUTE XLVIII Of Surplus Income of
Page 69: Given under our COMMON SEAL this Ei

College Statutes - Downing College - University of Cambridge

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