College Policies and Governance

The following publication scheme is for Harris Manchester College of the University of Oxford.

It follows the standard format required by the Information Commissioner’s Office (ICO) from January 2009. It sets out what information the College publishes or intends to publish, how the information can be accessed and whether or not a charge will be made for it.

The Information Officer is responsible for maintaining the scheme on behalf of the College.

The purpose of the scheme is to give a clear indication of which College publications are routinely accessible, so that the public can be informed as far as reasonably possible of the purpose and nature of college activities, and to assist in developing a greater culture of openness in general.

Through the scheme, the College endeavours to be as transparent as possible about its activities, while at the same time recognising that there are exemptions within the Act.

All material associated with the definitions in the classes contained in the scheme are available either in hard copy, electronically or via the College website.

It is important to us that this Publication Scheme meets your needs. If you find the scheme difficult to understand, please let us know. We also welcome suggestions as to how the scheme might be improved. Any questions, comments, or complaints about this scheme should be sent in writing to:

Information Officer – Mr Ashley Walters 
Harris Manchester College
Mansfield Road
Oxford, OX1 3TD

The College reserves the right to make a charge for printed copies of some documents available on the website to cover administrative costs.

Information which falls into the following categories is not published as part of the scheme:

• the College does not hold the information;
• the information is exempt under one of the FOI exemptions or Environmental
• Information Regulations (EIRs) exceptions, or its release is prohibited under another statute;
• the information is archived, out of date or otherwise inaccessible;
• it would be impractical or resource-intensive to prepare the material for routine release.

Responsibility for the scheme

The Information Officer of the College has overall responsibility for the publication scheme.

The person responsible for maintaining and managing the scheme is:

Information Officer – Mr Ashley Walters 
Harris Manchester College
Mansfield Road
Oxford, OX1 3TD

Other formats If you would like this scheme, or any of the information it covers, in a more accessible format, please contact the Information Officer to discuss additional ways in which the information may be made available to you.

Copyright
The copyright in this publication scheme and its contents is reserved to Harris Manchester College.

Complaints
If you have any comments about this scheme or are not satisfied that information is being published in accordance with this scheme, you should contact the Information Officer in the first instance (address above). If you are still dissatisfied please write to the Principal who will arrange for the matter to be reviewed internally.

The Principal
Harris Manchester College
Mansfield Road
Oxford, OX1 3TD

If, after the investigation of your complaint, you are still dissatisfied you may refer your complaint to the Information Commissioner.

Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Review of the publication scheme
This guide to the information available and the operation of the scheme will be reviewed annually.

10th August 2010

Harris Manchester College has the following organisational information, locations, and contacts, constitutional and legal governance:

I) Statues & Bylaws (see below)

II) College Officers – the Governing Body.

III) Admissions – Please check our Prospective Students section for information related to undergraduate and graduate admissions.

IV) Teaching – Harris Manchester College provide undergraduate teaching; provide a college adviser for graduates, and graduate supervision as detailed in the College Handbook.

V) Research – employ research staff, provide fellowships for professors and lecturers (e.g. Lord Harris Visiting Fellowships and Cruddas Link Fellowships) and support research financially and through facilities.

VI) Student Services – describes the facilities available in colleges and the provision of services available to students as detailed in the College Handbook.

VII) The Chapel

VIII) Funding – Harris Manchester College Accounts are available.

IX) Development and Alumni

X) Conferences, Summer Schools and other related activities.

Harris Manchester College has the following financial information relating to income and expenditure, and assets and liabilities:

I) College Accounts – link to university website

II) Salaries and Benefits

III) Annual Fees & Charges

Harris Manchester College has the following strategy and performance information, plans, assessments, inspections and reviews:

I) Corporate Plan – to provide the best facilities possible for our students and staff. We are developing a Medical Institute and have other buildings and projects in order to achieve this aim.

II) Governing Body – the priorities of the Governing body are the welfare and academic life of the students and staff and to raise the necessary funds to ensure the future prosperity of the College.

III) College Accounts – see financial statement on the Oxford University website

IV) Annual Review – see the section of the Oxford University website

V) About the University

VI) The Strategic Plan of Harris Manchester College is dependent on fundraising to complete the building of a Medical Academy and various other projects

VII) University Administration Services

VIII) Conference of Colleges – Oxford’s 38 colleges and 6 Permanent Private Halls are both an integral part of the collegiate university and also independent, self-governing academic communities. The Conference of Colleges is where they come together to deal with matters of shared interest and common purpose

Harris Manchester College has the following decision making processes and records of decisions:

I) Minutes of meetings

II) Governing Body – the Governing Body has three meetings a term at which the affairs of the College are discussed and relevant decisions are made.

III) College Handbook

IV) College Accounts

V) Conference of Colleges – Oxford’s 38 colleges and 6 Permanent Private Halls are both an integral part of the collegiate university and also independent, self-governing academic communities. The Conference of Colleges is where they come together to deal with matters of shared interest and common purpose

VI) Harris Manchester College representation within the Governance Structure of the University of Oxford – all official Fellows of Harris Manchester College are members of Congregation, the official Governing Body of the University of Oxford. In addition to this, several of our Senior Fellows sit on University Committees

Harris Manchester College has the following written protocols for delivering our functions and responsibilities:

I) College Handbook of Information and Regulations

II) Student Financial Information (Undergraduate & Postgraduate)

III) Health and Safety Policy Health and Safety Policy and Procedures. which includes the responsibilities of the Governing Body

IV) Complaints and Appeals – on academic and other disciplinary matters – Student Handbook

V) Policy for the Development of Personal Evacuation Plans

VI) Safeguarding Policy

VII) Gift Acceptance Policy and Ethical Fundraising Practice

VIII) Harassment Policy and Procedure

IX) Staff-Student Relationship Policy 

X) Risk Management Policy

XI) Data Protection

XII) Freedom of Speech

XIII) EDI Policy and action plan

XIV) Access the Accident and Near-Miss Report Form

Harris Manchester College follows the University of Oxford policies and written protocols on the following:

I) Health and Safety – University Policy Statements

II) FoI Act publication scheme

III) Conference of Colleges Appeal Tribunal

IV) Environmental Policy

V) Computer Use and Communication Policy

VI) Access Guide – Harris Manchester College is committed to providing equality of opportunity and improving access for all people with disabilities and are gradually making adaptations and facilities available within the limitations of the buildings that we have. We are keen to respond to any of our students individual needs.

VII) The University Common Framework for Supporting Disabled Students: http://www.admin.ox.ac.uk/aad/swss/disability/commonframework/.

 

IX) Policy and Procedure on Conflicts of Interest arising in Undergraduate Admissions

Information held in registers required by law and other lists and registers relating to the functions of Harris Manchester College are:

I) Portable Appliance Testing

II) Legionella Testing

III) Fixed wire testing

IV) Asbestos Type 2 survey – all buildings

V) Register of pressurised vessels

VI) Fire alarm testing register

VII) Fire equipment testing register

Bye-Laws in downloadable form.

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Revised: 8 October 2024

I : MEETING OF THE GOVERNING BODY AND COLLEGE OFFICES

Standing Orders for Governing Body Meetings

1. Scheduled meetings of the Governing Body will normally be held in 0th, 4th and 8th week of each term.
2. The agenda for any meeting of the Governing Body (except for an emergency meeting summoned in accordance with clause 3(1) of Statute I) shall be circulated by the Secretary of the Governing Body together with any relevant papers to members not less than two clear working days before the date of the meeting.
3. Except for making, amending or rescinding Byelaws (Statute I.1 (3)), appointing a Visitor (Statute II:4) or appointing a Principal (Statute III:3), there shall be a general quorum of seven persons for meetings of the Governing Body.
4. Minutes of all meetings shall be kept by the Secretary of the Governing Body, and shall be circulated to all members of the Governing Body within two weeks of the meeting.
5. Student members entitled to attend the Governing Body meeting under clause 12 below are similarly entitled to be circulated with the minutes and agenda excluding reserved items as defined in clause 9 below.
6. Generally, no Governing Body shall exceed two hours in duration from the scheduled start of the meeting.  No contested business may be begun more than two hours after the scheduled start of the meeting, unless specifically permitted under the provisions of Paragraph 11 below.
7. Only agenda items may be voted upon at a Governing Body Meeting, except as indicated in byelaw 8(v) below.
8. (i) The agenda for meetings of Governing Body will be compiled by the Chair for that meeting together with the Secretary.

(ii)       Regular items on the agenda shall include reports from any Committee of the Governing Body that has met since the previous Governing Body Meeting.

(iii)      Any member wishing to raise an agenda item (including matters arising from the minutes and proposals coming forward from sub-committees) must submit his/her proposal to the Secretary of the Governing Body by 12 noon five days before the Governing Body is due to meet together with the necessary background information to allow other members to consider the information before the meeting.

(iv)      Student members may also submit agenda items for open business in accordance with paragraph (iii) above.

(v)       Exceptionally the chair of any meeting of the Governing Body may allow an item where due to an unforeseen circumstance the appropriate notice has not been given. Normally such items will be received for the purpose of information only.

(vi)      The Chair for any meeting of the Governing Body or its committees may cancel a meeting if no items for the agenda have been received.

9.  Items may be treated as reserved business where they relate to either (i) an individual or (ii) sensitive information.

10.       (i)        Any motion, and any amendment, rider, or addendum to a motion, must be proposed and seconded.

(ii)       An amendment to an amendment must be proposed and seconded, and if passed, shall be incorporated in the original amendment. The amendment thus amended shall be voted upon and if passed shall be incorporated in the original motion. Finally the motion as amended shall be put to the vote.

(iii)      After ten minutes, if the motion “that the question be now put” is moved and seconded a vote upon it must be taken without further discussion. If it is carried the Governing Body must vote immediately upon the particular motion or amendment before it; if it is lost the debate continues and the same closure motion may not be put again for fifteen minutes.

(iv)      If the motion “that the Governing Body proceed to next business” is moved and seconded a vote must be taken without further discussion, and if it is carried the debate on the previous item of business must cease and no vote may be taken on any motion, amendment etc., connected with it.

(v)        Except where otherwise stated below or in the Statutes or the specific provisions of some other Byelaw, the outcome of a vote shall be decided by a simple majority of those present and voting (excluding abstentions). In accordance with Statute I.4, in the event of a tie, the chair of the meeting shall have a casting vote

11.       Any proposal to suspend any part of these Standing Orders for the duration of a meeting must be proposed and seconded and carried by a two-thirds majority of those present and voting (not counting abstentions). Under no circumstances may the provisions for a quorum under paragraph 3 be suspended.

12.       In addition to the members of Governing Body the following are allowed to attend meetings of the Governing Body:

(i) Two representative members of the JCR, comprising the President and/or his/her nominee(s).

(ii) Two representative members of the MCR, comprising the President and/or his/her nominee(s).

(iii) Any person with the agreement of a simple majority of the Governing Body.

13.       All Governing Body papers are confidential to members of the Governing Body.

14.       For the purposes of this Byelaw, a meeting shall comprise either a) a gathering of persons physically present in the room designated as the venue for that meeting, or  b) a remote meeting of Governing Body, that may be held by appropriate means agreed between the Principal (or in his or her absence, the deputed Chair of the Meeting) and the Secretary to the Governing Body (or in his or her absence, the person deputed to act in his or her stead). Where a) applies, up to 6 members may participate remotely in the meeting, provided that: i) they are unable to attend in person for unavoidable reasons; ii) they have notified the Secretary (or in his or her absence, the person deputed to act in his or her stead) in advance.  

College Offices

14.       The College Offices of Vice-Principal, Senior Tutor, Tutor for Graduates, Dean, Dean of Degrees, Secretary of the Governing Body, and Steward of the Senior Common Room will be held for a maximum period of three years unless the Governing Body decides on a different period at appointment or during term of office. College Officers may stand for re-election to any post.

II: ADMINISTRATION & FINANCE

1. It is the responsibility of the Governing Body to set policy and make major decisions. The Day to day running of the College is the responsibility of its officers in consultation with the Principal.
2. All expenditure on behalf of the College must be authorised by the Bursar or Principal.
3. All unbudgeted and exceptional expenditure in excess of £1,000 must be approved by the Governing Body.

III : GENERAL RULES OF CONDUCT

1. General Behaviour.   All members of college shall behave in a reasonable and responsible manner, with consideration for other members of the college. They should refrain from any conduct likely to disrupt the academic, administrative or domestic functions of the college, or which may bring the college into disrepute.

2.  College Property. No member of college shall damage or deface any property of the college, or occupy the same other than in accordance with its proper purpose.

3.  Freedom of Speech. Every member of the college shall comply with the provisions of the Code of Practice on Freedom of Speech set out in the Proctors’ and Assessor’s Memorandum.

4.  Harassment. Every member of the college shall comply with the provisions of the Code of Practice on Harassment set out in the Proctors’ and Assessor’s Memorandum.

5.  Offensive Weapons. No member of the college shall keep any firearm, ammunition or other offensive weapon in college, or in college-controlled accommodation.

6.  Drugs. The possession, use or sale, by any member of College of any drugs prohibited by English law is strictly forbidden.

7.  Additional Regulations. Every member of college shall comply with the provisions of the Student Regulations, Disciplinary and Complaints Procedures, and with any additional regulations and procedures laid down in the College Handbook.

IV : DISCIPLINE OF JUNIOR MEMBERS

1. The discipline of Junior Members shall follow the procedures stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
2. In cases of minor breaches of the College regulations, the Junior Dean shall have power to impose sanctions, including a fine of up to the amount stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
3. The Dean shall have the authority to impose a fine of up to the amount stipulated in the Student Regulations, Disciplinary and Complaints Procedures. Any higher amount shall require authorisation by the Governing Body.
4. The Dean and/or Junior Dean may temporarily ban students or any of their guests from the college or any part of the college if the Dean or Junior Dean considers this is necessary for the maintenance of order, ensuring the safety or security of the college or any person on the college premises. The Dean shall have power to send a student(s) out of residence (or ban the student(s) from any part of the college premises) for up to eight weeks of full-term. A student may appeal to the Principal in cases where a decision has been made to send a student out of residence. Any decision to ban a student from part of the college or to send a student out of residence for a limited period shall be reported to Governing Body under reserved business.
5. Where the Dean considers that an incident is sufficiently serious (considering the nature of the allegations and how far they can be substantiated; the number of incidents involved and the probable range of sanction) he/she may recommend that the Principal set up a Disciplinary Committee to investigate the breach of college regulations, to impose sanctions and to report to the Governing Body. The Disciplinary Committee shall have such powers as are defined in the Student Regulations, Disciplinary and Complaints Procedures.
6. Any student may appeal to the Dean against any sanction imposed by the Junior Dean who may, at his/her discretion refer the matter to the Disciplinary Committee.
7. The Disciplinary Committee shall operate in accordance with the provisions of the Student Regulations, Disciplinary and Complaints Procedures.
8. A student has a right to appeal in cases where the Disciplinary Committee or Governing Body has made a decision to send down, rusticate, or send out of residence and may be allowed an appeal in other cases at the discretion of the Principal. The procedure for appeals shall be as stipulated in the Student Regulations, Disciplinary and Complaints Procedures. 

V : DISCIPLINE OF NON-ACADEMIC STAFF

1. The College shall operate a three-stage disciplinary procedure with respect to non-academic staff. This disciplinary procedure shall be carried out by the Principal, Bursar or Housekeeper. At each stage of the disciplinary process the member of staff shall be afforded a full oral hearing, and may be accompanied by anyone of his/her choice, without restriction on that choice. All warnings shall be removed from the record of employment upon the expiry of twelve months from the date of the last warning: (i)  Stage one: oral warning. Where the employee’s work or conduct is unsatisfactory, an oral warning shall be given to the employee and recorded on the employment record. It should be made clear to the employee that this is the first formal stage of disciplinary proceedings; (ii)  Stage two: first written warning. If after the oral warning the employee persists in the conduct about which the oral warning was given, a warning shall be given in writing and recorded on the record of employment; (iii)  Stage three: second written warning. If after the first written warning the employee persists in the same conduct, a second warning shall be given in writing, clearly stating the penalty which would be imposed should the conduct continue. The warning shall be recorded on the record of employment.
2. Dismissal or suspension shall not be entertained until the employee has received the warnings described above, except in the case of gross misconduct.
3. No member of the non-academic staff shall be dismissed or suspended except by the Governing Body; except that the Principal or Bursar shall have the power to immediately dismiss or suspend anyone for gross misconduct, subject to his/her seeking and obtaining ratification from the Governing Body within a month.
4. Any member of the non-academic staff whose conduct is to be considered by the Governing Body shall be notified in writing of the nature and details of the misconduct alleged against him/her. Accompanied by anyone of his/her choice, without restriction on that choice, he/she shall be entitled to speak on his/her own behalf before, and/or make a written submission to, the Governing Body, and shall be notified in writing at least seventy-two hours in advance of the date and time of that meeting of the committee at which he/she is entitled to appear and the written submission if any, to be considered.
5. The following are disciplinary offences to which all employees are subject. In addition, employees may commit disciplinary offences by breaching terms of their particular employment.   Offences (a) to (h) may amount to misconduct: (a) unauthorised removal of College property, that is without the permission of a senior member of staff and the knowledge of the habitual user; (b) financial dishonesty; (c) assault upon a member of staff, a student or a visitor to the College; (d) being under the influence of alcohol; (e) gross indecency; (f) absence from work without an acceptable reason for more than five working days; (g)  harassment or misconduct within the College precincts; (h) deliberate damage to College property; (i) smoking where food is prepared and served, in the College libraries, and in designated no-smoking areas; (j) failure to comply with the College’s health and safety and food hygiene policies, in particular with respect to taking proper safety measures, wearing protective clothing provided, reporting defects, and recording accidents in the accident book in the bursary; (k) inadequate performance of the employee’s duties or refusal to obey proper instructions of a superior; (l) unsatisfactory appearance or abusive language or behaviour; (m) unpunctuality. 

VI : ACADEMIC ARRRANGEMENTS AND DISCIPLINE

1. All student admissions to the College must endorsed by the Governing Body under Statute X.3.
2. All requests for intercalation shall be handled in accordance with the provisions of Student Regulations, Disciplinary and Complaints Procedures.
3. All junior members must satisfy the Governing Body of their industry and progress in accordance with the academic expectations set out in the Student Regulations, Disciplinary and Complaints Procedures. Serious or persistent failure to do so will trigger the academic disciplinary procedures set out in the Student Regulations, Disciplinary and Complaints Procedures.
4. The Governing Body must be informed if it is intended that a student is to be set a penal collection or issued with a formal warning of the possibility of a suspension on grounds of academic failure or wilful incompetence.
5. Except in cases where University Regulations require a student to discontinue no student may be sent down on academic grounds other than in accordance with the provisions of the Student Regulations, Disciplinary and Complaints Procedures. In such cases where a student cannot continue because of University Regulations it shall be a matter of report.
6. The award of College prizes and scholarships must be approved by the Governing Body on the recommendation of the Senior Tutor.
7. Any candidate for a degree shall send in his/her name to the Dean of Degrees for submission to the University not later than ten days before the ceremony and shall settle any outstanding debts to the college not later than three days before the ceremony. 

VII : THE SENIOR COMMON ROOM

1. The Members of the Senior Common Room shall be: (i) The Principal and (ii) The fellows of the College who are members of the Governing Body.
2. Associate Members shall be: (i) Those accorded annual and renewable membership by ballot of the members. (ii)  All other fellows of the College who are not members of the Governing Body. (iii) The incumbent Director of the Farmington Institute in Oxford, where they have been appointed according to the procedure specified in the memorandum of understanding agreed between the College and the Farmington Trust Limited, dated 8 June 2023.
3. Visiting Members shall be elected by the members to temporary membership, up to, but not exceeding the duration of one academic year.
4. Steward. There shall be a steward of the Senior Common Room who shall be responsible for the general amenity of the Common Room and who shall summon and preside at Common Room meetings. The Steward shall be appointed by the Governing Body. The Steward shall retain a register of membership and ensure that meetings are minuted.
5. S.C.R. Room. The room historically used as the S.C.R. shall not be permanently annexed for any other purpose, nor shall the furniture and the pictures belonging to that room be relocated elsewhere without the prior approval of the steward 
6. Subscription. Members of the S.C.R. shall be required to pay an annual subscription.

VIII : THE COLLEGE HARDSHIP FUND

The Hardship Fund shall be administered on behalf of the Governing Body by the Academic Administrator, who will have total discretion over the use of monies given for the Hardship Fund or provided by the Governing Body for the Fund. The Academic Administrator may make grants or loans from the income of the Fund, or loans from the capital of the Fund to students in need.

IX : THE HONORARY GOVERNORS

1. All those who are governors of the College on the date the Royal Charter is granted shall be invited to become Honorary Governors of the College.

X : THE OLD STUDENTS ASSOCIATION

1.  The College shall make provision each year for a reunion of the Ministerial Old Students’ Association.
2. The College shall subsidise this reunion to assist ministerial alumni to attend who otherwise would not be able to afford to do so.

XI : INVESTMENT COMMITTEE

1.  Purpose

The Investment Committee, on behalf of the Governing Body and in accordance with Clause 3 of Statute VIII, shall (i), formulate an Investment Policy with respect to the Endowment Funds of Harris Manchester College which shall be submitted to and subject to the approval of the Governing Body; (ii), review the Investment Policy at least once a year with any revised investment policy being submitted to and subject to the approval of the Governing Body; (iii), enact the Investment Policy; and (iv), secure adequate experienced advice in respect of such responsibilities either from the members of the Investment Committee or from external parties.

2.  Composition

The Investment Committee will comprise the Principal, the Bursar, a member of the academic staff, a person from outside the Governing Body, and not less than two other persons whether or not being members of the Governing Body, who, on the basis of their experience, the Investment Committee believes will be helpful in the discharge of its responsibilities, provided that all such appointments, excepting those who are members by virtue of their office, shall be for such term as may be approved by the Governing Body.

3.  Powers and Authority

The Investment Committee on behalf of the Governing Body shall exercise the powers of the Governing Body under Clause 2 of Statute VIII to enact the Investment Policy. All decisions of the Investment Committee shall require a majority in favour of the proposal of at least two thirds of all the members of the Investment Committee.

XII : ELECTION AND RENEWAL OF PRINCIPAL

1. At the first Stated Meeting of the Governing Body in the Trinity Term one year before that in which the office of Principal will become vacant under the provisions of Statute III.2 or III.11, the Governing Body shall fix the date of a Special Meeting to be held not later than Saturday of eighth week of the same Trinity Term.

2. If the Governing Body is informed at any Stated Meeting of the intention of the Principal to resign the Governing Body shall at that meeting or as soon afterwards as is practicable fix the date of a Special Meeting to consider his or her replacement.

3.  If a vacancy occurs in the office of Principal otherwise than provided in clause 1 or 2 above the Senior Member of the Governing Body in residence (as defined by Statute IV.10) shall summon a Special Meeting to be held within 14 days of the occurrence, or so soon afterwards as is practicable, provided that if the vacancy shall occur in the month of July, August or September the Special Meeting may be fixed for a day not later than the tenth day of October.

4. The outgoing Principal shall not attend the Special Meeting or any other meeting of the Governing Body or of any committee of the Governing Body convened for the purpose of selecting his/her successor, and shall not take part in any formal aspect of the selection process, but may be consulted and kept informed.

5. The only business on the Agenda of the Special Meeting shall be the appointment of a Principal under Statute III.2-4 and matters directly relating to or arising from it.

6. The Special Meeting shall first establish who is to be the Presiding Fellow for the purposes of electing a new Principal. The duties of the Presiding Fellow shall be to summon and chair all Special Meetings of Governing Body and of any committee of the Governing Body relating to the selection of the new Principal. The Presiding Fellow shall be either:

(i) The Senior Fellow in residence as defined in Statute IV.10; or

(ii) In the event that the Senior Fellow in residence as stipulated in (i) above is either a candidate for the office of Principal or is otherwise unable or unwilling to act as Presiding Fellow, the Presiding Fellow shall be the next most senior Fellow who is able and willing to act in that capacity.

7.  The Special Meeting shall establish a timetable for appointing a Principal. This will typically include:

(i) the drawing up of a job specification;

(ii) the placing of advertisements;

(iii) the closing date for applications;

(iv) the date of an initial meeting to discuss candidates;

(v) visits by candidates;

The Special Meeting shall also establish the procedure to be followed, including, if desired, the setting up of a Search Committee to carry out such parts of the work as are agreed by Governing Body, save that any job description for the new Principal must be agreed by a Special Meeting of the Governing Body as a whole and that all members of the Governing Body should be given a reasonable opportunity to meet the candidates prior to the holding of any election. Any Search Committee shall comprise the Presiding Fellow (as Chair) and at least two other members of the Governing Body, appointed by ordinary resolution of the Governing Body.

8. The Special Meeting shall be adjourned from time to time as may be necessary, and at an adjourned meeting normally not later than the eighth week of the third complete Term following the date of the first meeting voting shall take place on the candidates who have been formally proposed and seconded. At least four weeks’ notice of this meeting shall be given to all Fellows.

9. The method of election shall use the following voting system –

On the day appointed the Governing Body shall meet in the College. Fellows who are unable to attend in person, and who have notified the Presiding Fellow or the Secretary in advance, stating the name of the fellow who will cast their proxy vote, will be allowed to be present remotely and to vote by proxy. Neither the Presiding Fellow, nor the two Senior Fellows, should be chosen to cast proxy votes. The voting shall be by secret ballot. The votes shall be given in writing to the two Senior Fellows present who are not the Chair of the meeting, with the proxy votes of Fellows who are attending remotely cast by the Fellow previously designated as their proxy. That person in whose favour an absolute majority of those present and voting shall have voted shall be declared to be the successful candidate. If no person voted for has such an absolute majority, the voting shall be repeated until some person obtains an absolute majority; except that where the votes of the electors are divided equally between two persons the meeting shall thereupon be adjourned; and if at the resumed meeting the votes are again so divided, the Presiding Fellow shall have a casting vote.

10. The meeting for the election of the Principal may be adjourned from time to time by a vote of the majority of those present and voting. Where such a meeting is adjourned for more than forty-eight hours, at least twenty-four hours’ notice of the resumption of such adjourned meeting shall be sent to every member of the Governing Body entitled to be present at such meeting.

11.  At any time during the meeting for the election of the Principal a motion may be proposed and seconded to the effect that the candidate receiving the fewest votes in the next round of the ballot shall be eliminated from all subsequent rounds of voting. The motion may be passed by a simple majority and in the event of a tie the Chair of the meeting shall have a casting vote.

12.  On the determination of the successful candidate under the voting procedure, a Motion shall be put from the Chair that this candidate shall be elected as Principal. This Motion shall be deemed to be passed if supported by the majority stipulated in the Statutes of those present and voting in a secret ballot. That candidate will then have been elected to the office of Principal.

13.  If there is no successful candidate under the voting procedure, or if the Motion to elect the candidate who is the successful candidate under the voting procedure is not passed by the requisite majority, the Meeting shall be immediately adjourned. It shall reconvene in not less than forty-eight hours, and the process of voting shall be repeated.

14.  If a Motion under 12 above is not passed at the adjourned Meeting, the election process will be deemed to have failed and Governing Body will immediately determine a timetable for the consideration of further candidates.

15. If no election has been made within 12 months of the office falling vacant the appointment of a Principal shall lapse to the Visitor in accordance with Statute III.4.

Term of Office

16. The initial term of office of the new Principal shall be as determined by the Governing Body, who shall also determine whether the term is renewable. Governing Body may determine this at the beginning of the election process contemplated in clauses 1-15 above, so that notice of the proposed initial term of office can be given to potential candidates and included in any advertisements.

17. Not less than one year prior to the expiry of the Principal’s initial or (in a case in which a term has been renewed) subsequent term of office, the Senior Member of the Governing Body in residence (as defined by Statute IV.10) shall summon a Special Meeting of Governing Body to consider whether the Principal’s term of office should be renewed.

18. The Principal shall not attend the Special Meeting or any other meeting of the Governing Body or of any committee of the Governing Body convened for the purpose of considering a renewal to his or her term of office, other than by invitation of the Presiding Fellow.

19. The only business on the Agenda of the Special Meeting provided for in clause 17 shall be the extension of the Principal’s term of office and matters directly relating to or arising from it.

20. The Special Meeting shall first establish who is to be the Presiding Fellow for the purposes of considering the renewal or otherwise of the Principal’s term of office. The duties of the Presiding Fellow shall be to summon and chair all Special Meetings of Governing Body and of any committee of the Governing Body relating to the renewal or otherwise of the Principal’s term of office. The Presiding Fellow shall be as defined in Paragraph 6 above. The Special Meeting shall also establish the procedure to be followed.

21. The Special Meeting shall be adjourned from time to time as may be necessary. In particular the Special Meeting shall be adjourned if a motion is proposed, seconded and passed by a simple majority to the effect that the Principal be allowed to make representations to Governing Body on why he or she should be given another term. Where such a meeting is adjourned for more than forty-eight hours, at least twenty-four hours’ notice of the resumption of such adjourned meeting shall be sent to every member of the Governing Body entitled to be present at such meeting.

22.  On the day appointed (which may the same occasion as the Special Meeting that establishes the identity of the Presiding Fellow and the procedure to be followed) the Governing Body shall meet in the College. Fellows who are unable to attend in person, and who have notified the Presiding Fellow or the Secretary in advance, stating the name of the fellow who will cast their proxy vote, will be allowed to be present remotely and to vote by proxy. Neither the Presiding Fellow, nor the two Senior Fellows, should be chosen to cast proxy votes. The voting shall be by secret ballot. The votes shall be given in writing to the two Senior Fellows present who are not the Chair of the meeting, with the proxy votes of Fellows who are attending remotely cast by the Fellow previously designated as their proxy. The meeting will determine whether the Governing Body wishes to renew the Principal’s term of office and if so for how long and whether the renewed term is itself renewable. A motion either to renew or not renew the Principal’s term of office must be passed by a simple majority of those present and voting; except that where the votes of the electors are divided equally the meeting shall thereupon be adjourned; and if at the resumed meeting the votes are again so divided, the Presiding Fellow shall have a casting vote. The quorum for a Special Meeting to determine a renewal of the Principal’s term of office shall be the same as that for electing a Principal.

23.  The procedure outlined in paragraphs 17 to 22 above shall be employed each time the Principal’s term of office would need to be renewed for the Principal to remain in office, provided the current term is expressed to be renewable and unless the Principal has declared an intention (to either the Senior Fellow in residence or the Governing Body as a whole) to quit his or her office at or before the end of his or her current term.

Definitions

24. ‘Quorum’ denotes the number of members of Governing Body who must be physically present at a meeting for a vote to be taken on any business apart for arrangements for an adjournment.

25. ‘Present and voting’ refers to those members present at a meeting who cast a vote for or against a particular motion or for or against one or more candidates; the number ‘present and voting’ does not include abstentions.

XIII : ELECTION OF VISITOR

1. The procedure for electing a new Visitor are set out in Statute II. This Byelaw fulfils the requirement in Section 5 of that statute for a Byelaw to stipulate “the procedures to be adopted for the obtaining of the requisite majority if such shall fail to emerge on the first voting.”
2. As stipulated in Statute II.4 the requisite majority for the election of a Visitor shall be two-thirds of those present and voting (unless the Statute be amended to require some other majority, in which case the majority stipulated in the amended Statute shall apply). The phrase “those present and voting” shall be taken to exclude abstentions but to include votes against all the candidates (registered in the ballot by a “none of the above” or NOTA option).
3. If there are three or more candidates for the position of Visitor, and none has secured the requisite majority after the first round of voting, then after each round of voting the candidate with the fewest votes shall be dropped from the ballot and the voting repeated until either one candidate obtains the requisite majority or a vote between the remaining two candidates has failed to secure a two thirds majority for either of them. In the event of a tie for the fewest votes when three or more candidates remain, the Chair of the meeting shall exercise a casting vote to decide which candidate to drop for the next round.
4. If the first round of voting between the two remaining candidates fails to secure the requisite majority for either of them, there shall be a second round of voting between the same two candidates (after further discussion if desired).
5. If the second round of voting between the two remaining candidates fails to secure the requisite majority for either of them, the Chair of the meeting shall propose a motion to elect the candidate with the greater number of votes as the new Visitor (after any further discussion which may be desired). In the event of a tie between the two candidates the Chair shall exercise a casting vote to decide which of the two candidates to propose. If the motion is passed with the requisite majority, the candidate in question shall then be deemed to have been elected as Visitor. If the motion is not passed with the requisite majority the Chair may then propose a motion to elect the other candidate, who shall then be elected if the motion secures the requisite majority.
6. If the procedures laid down in Paragraph 5 fail to secure a successful election, the meeting shall then vote on whether (a) to adjourn the meeting to a later date to make a second attempt to secure the requisite majority for one of the two remaining candidates or (b) to reopen the nominations for the post of Visitor and adjourn the meeting to hold an election between the fresh set of candidates. This vote shall be determined by simple majority with the Chair of the meeting exercising a casting vote in the event of a tie.
7. The voting at any adjourned meeting shall follow the same procedures as before, except that in the event of a failure of an adjourned meeting voting between the same candidates as the preceding meeting to secure the requisite majority for either candidate the meeting shall then vote on whether (a) to elect the candidate who has secured the greater number of votes or (b) to reopen the nominations for the post of Visitor. This vote shall be determined by simple majority with the Chair of the meeting exercising a casting vote in the event of a tie.
8. All voting shall be by secret ballot, with the ballots handed to the Chair of the meeting (as stipulated in Statute II.4). The Chair may appoint one or more tellers from among those present at the meeting to assist with the count.
9. The Chair of any meeting to elect a Visitor shall normally be the Principal. In the event that the Principal is unavoidably absent when the meeting has to take place, the meeting will be chaired by the Vice-Principal or, in his or her absence, the next most senior Fellow available.
10. The term of office of the Visitor shall be as determined by the Governing Body, who shall also determine whether the term is renewable.

XIV: THE JOAN CREWDSON ENDOWMENT  

1. Pursuant to an Agreement dated 10th February 2021 between the College and The (Joan) Crewdson Trust (Registered Charity no 1037133) a registered charity established on 3rd September 1993 (the Joan Crewdson Trust), which Agreement became effective upon the day following the date on which this Bye Law was approved by the College, the majority of the charitable activities of the Joan Crewdson Trust have been transferred to, and the direct costs of delivering those activities shall be borne by, the College in consideration of the grants made pursuant to the Agreement and in accordance with this Byelaw.  
2. The College in the name of the Joan Crewdson Endowment shall undertake activities in furtherance of the charitable objects of the Joan Crewdson Trust in common with the charitable objects of the College (and the parties’ common charitable objects are referred to in this Bye Law as “the charitable objects”).  
3. A conformed copy of the deed establishing the Joan Crewdson Trust shall be kept by the College for the purposes of this Bye Law.  

The Crewdson Committee  
4. The College in the name of the Joan Crewdson Endowment shall pursue such activities from year to year under the general guidance of a governing committee (the Crewdson Committee) which shall operate as and in accordance with the statutes governing a subcommittee of the Governing Body.  
5. The Crewdson Committee shall:  
(i) meet at least twice in each calendar year;  
(ii) be comprised of the Principal of the College ex officio, the Tutor in Theology of the College ex officio, the Bursar of the College ex officio and such other individuals both appointed and for such periods as are jointly approved by the Crewdson Committee and the Governing Body;  
(iii) appoint from amongst their number a chairman (the Crewdson Chairman);  
(iv) not receive any remuneration arising from membership, or attendance at a meeting, of the Crewdson Committee;
(v) determine, subject to this Byelaw, the conduct of their meetings.  
6. The chairman of the Crewdson Committee shall ordinarily be the Principal of the College, who, in accordance with the governing terms of the Joan Crewdson Trust is ex officio a trustee of the Joan Crewdson Trust.  
7. The initial members of the Crewdson Committee shall include all the trustees of the Joan Crewdson Trust serving as of the date hereof. 
8. The membership of the Crewdson Committee shall include at least two members of the Investment Committee of the College, at least two members of the Finance Committee of the College, and at least two members of the Faculty of Theology and Religion who are not Fellows of the College The two Investment Committee members and two Finance Committee members need not be four separate individuals and may include individuals who are members of the Crewdson Committee in any other capacity. 
9. For so long as the Joan Crewdson Trust continues as an independent entity it shall have the principal duty of sourcing grant applications and forwarding such applications for consideration by the Crewdson Committee. 
10. The College shall only make grants and expend funds pursuant to this Byelaw:  
 1. upon recommendation by the Crewdson Committee and for the charitable objects, and  
2. out of income, but not from capital nor from capital appreciation, derived from the Joan Crewdson Endowment, and  
3. after having first determined, in advance and in respect of each accounting year, and based on the recommendation of the Crewdson Committee, a charge on the income derived from the Joan Crewdson Endowment, to be included within the management accounts of the College in respect of administrative and overhead costs for that year, such charge being proportionate to the size of the Joan Crewdson Endowment and having regard to the time and resources allocated by the College acting in compliance with its duties pursuant to this Byelaw.  

The Joan Crewdson Endowment 
11. The grants to the College which are made pursuant to the Agreement and all investment income and gains derived therefrom shall be known in the College accounts as the Joan Crewdson Endowment. 

Statutes in downloadable form.

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THE SECOND SCHEDULE

STATUTES OF THE MANCHESTER ACADEMY AND HARRIS COLLEGE

Interpretation

In these Statutes, unless the context otherwise requires, words used shall have the same meanings as in the Charter granted to the College in 1995 (as amended from time to time) and words in the masculine gender shall import the feminine gender and vice versa and the singular number shall include the plural and vice versa.

STATUTE I: THE GOVERNMENT OF THE COLLEGE

Governing Body

 Constitution

1. (1) The Governing Body of the College shall consist of the Principal, Official Fellows and Professorial Fellows of the College, and the Tutor in Ministerial Training, together with such of the Research Fellows and Supernumerary Fellows of the College as the Governing Body may from time to time elect to membership.

(2)  Except as otherwise provided by these Statutes, the Governing Body shall determine by Byelaw the procedure for the notice and conduct of meetings.

(3)  A quorum at meetings of the Governing Body for the purpose of making Byelaws shall be seven members and its voting shall be by simple majority of the members present and voting.

Byelaws and Regulations

2. Subject to the provisions of the Statutes, the Governing Body may make, alter or rescind Byelaws and Regulations for the College.

Meetings

3. (1) The Principal may summon a meeting of the Governing Body at any time, and shall do so either at such times as may be decided upon at a meeting of the Governing Body or upon written request addressed to the Principal by three or more members. Such a request shall specify the object of the desired meeting. If the Principal refuses such a request or fails to convene a meeting within three weeks of the receipt of such a request, any three or more members may summon it.

(2)  There shall be at least two meetings of the Governing Body in every term on such days as the Governing Body shall appoint. Any meeting may be adjourned by resolution of the meeting to a day to be specified in the resolution.

(3)  It shall be competent for the Principal in his or her sole discretion to stay the execution of any order made or any decision taken at any meeting of the Governing Body until the next succeeding meeting of the Governing Body, but no longer.

Chairmanship of meetings

4. Except for meetings called under the provisions of Clause 3 of Statute III, and except as is otherwise provided in these Statutes, the Principal shall be entitled to preside at all meetings of the Governing Body, and shall have the right to preside at all Meetings of all Committees appointed by the Governing Body. Whenever he or she presides over a Meeting of the Governing Body, or a Committee appointed by the Governing Body he or she shall have, in case of there being an equality of votes, a casting vote in addition to his or her ordinary vote. If the Principal shall be absent from a Meeting of the Governing Body, or a Committee of the Governing Body on which he or she presides the chairman shall be the Vice-Principal or, in the absence of a Vice-Principal, the Senior Fellow present, and in the case of equality of votes such chairman shall have a casting vote in addition to his or her ordinary vote.

Minutes

5. Minutes shall be kept of the meetings of the Governing Body and the Minutes shall be accessible to all members of the         Governing Body at all reasonable times.

 Common Seal

6. The Common Seal of the College shall be in the custody of the Principal. Every document required to be sealed by the Common Seal shall be sealed in the presence of the Principal and either the Bursar or the Senior Tutor or failing this in the presence of one of them and of one of the members of the Governing Body, and every such use of the Seal shall be recorded in a book kept for the purpose.

STATUTE II: THE VISITOR

1. When a vacancy occurs in the Visitorship, the Principal shall call a meeting of the Governing Body for the purpose of electing a new Visitor; which meeting shall be held within two calendar months of the vacancy, provided that the months of July and August shall not count in calculating that period.
2. Notwithstanding the provisions of Clause I of this Statute, when the Visitorship is about to become vacant at a known date, an election may be made not more than twelve calendar months before the date of the vacancy by the same procedure as if the Visitorship had already become vacant. Such election shall take effect from such date being not earlier than the date of the vacancy, as shall be determined at the time of the election, and not later than two calendar months following the date of the vacancy.
3. The Principal shall give each member of the Governing Body at least four weeks’ notice in writing of the meeting to elect the Visitor.
4. At the meeting for the election the quorum shall be 60 per cent of the number of members and the votes shall be given in writing to the Principal, and the Visitor shall be elected by a two-thirds majority of the members of the Governing Body present and voting.
5. The Governing Body shall provide by Byelaw the procedures to be adopted for the obtaining of the requisite majority if such shall fail to emerge on the first voting.
6. If at any time the Visitor shall in the opinion of the Principal and a majority of members of the Governing Body be incapable of discharging the duties imposed upon him or her by these Statutes, the Principal may report this opinion to the Chancellor of the University, and the latter may, if he or she thinks fit, declare the office of Visitor to be vacant. On the receipt of such declaration from the Chancellor of the University the Governing Body shall proceed to the election of a new Visitor.
7. It shall be lawful for the Visitor, if and whenever he or she shall deem it expedient for enforcing the due observance of the Statutes of the College, to visit the College and to exercise at any such visitation all powers lawfully belonging to his or her office.

Power to interpret Statutes

8. As often as any question shall arise on which the Governing Body shall be unable to agree, depending wholly or in part on the construction of any Statute or Byelaw, the Visitor may, subject to Clause 10 of this Statute, and at the request of the Principal or of any three members of the Governing Body,  determine the true construction of the Statute or Byelaw with reference to the case submitted to the Visitor.

Annulment of Byelaws and decisions

9. Following consultation with the Governing Body, the Visitor may, subject to Clause 10 of this Statute, and either of his or her own motion or on the complaint of the Principal or any member of the Governing Body, annul any Byelaw,      regulation or decision of the College which in his or her judgement is repugnant to these Statutes.
10. Nothing in these Statutes shall enable or require the Visitor-

(a)  to hear any appeal or to determine any dispute relating to a member of staff to whom Statute V applies, which concerns the member’s appointment or employment or the termination of that appointment or employment; or

(b)  to disallow or annul any Byelaw made under or having   effect for the purposes of Statute V.

Powers concerning provisions affecting the University

11. If it appears to the Council of the University that any provision of these Statutes is not being observed and that thereby the University is liable to be prejudicially affected, the Council, having first communicated the matter of the proposed representation to the Principal, may submit a representation to the Visitor who shall inquire into the matter and, after considering any representations made by the College, make such order as he or she shall think just for enforcing the observance of the said provision.

Decisions of Visitor

12. Save as provided in Clause 11 of this Statute, all decisions of the Visitor given under these Statutes shall be binding upon every person affected by these Statutes.

STATUTE III: THE PRINCIPAL

Procedure for election

1. Without prejudice to the generality of Clause 2 of Statute I, the Governing Body shall make a Byelaw to define the procedures for the election of a Principal.
2. As soon as practicable after either the office of Principal becomes vacant, or the Principal gives notice of resignation, or at the earliest practicable opportunity within two years of the due date for the retirement of the Principal in accordance with these Statutes, the senior member of the Governing Body in residence shall together with two other members of the Governing Body, call a meeting of the Governing Body which shall forthwith institute the procedures as defined in the Byelaw.

Method of appointment

3. The Principal shall be the person most fit, in the opinion of the Governing Body, to preside over the College and to uphold and maintain its objects. The Principal shall be elected by the Governing Body by an absolute majority vote of members present and voting. At such a meeting a quorum shall consist of sixty per cent of the total membership of the Governing Body (excluding the Principal).
4. If the Governing Body fails to elect a Principal within 12 months of the office falling vacant, the Vice-Principal shall inform the Visitor that such is the case and the Visitor shall appoint a Principal forthwith.

Presentation

5. The Principal shall, as soon as reasonably practicable after taking up office, make the following declaration in the presence of the Governing Body:

“I, A B, elected Principal of the Manchester Academy and Harris College, do solemnly declare that I will observe and uphold its Charter, Statutes, and Byelaws, and that I will endeavour to fulfil the purposes of the College and to promote its aims and objects, so far as in me lies.”.

Vice Principal

6. The Governing Body shall appoint one of the members of the Governing Body to be Vice-Principal.

Duties

7. The Principal shall be the Head of the College and shall take precedence over all other members thereof. He or she shall use his or her best endeavours to further the interests of the College as a centre of learning, education and research. He or she shall, in accordance with the policies laid down by the Governing Body, superintend the management of the property and domestic arrangements of the College and the admission, discipline and supervision of its members.

Emoluments

8. (1) Subject to the provisions of the Statute, there shall be attached to the Principalship such annual stipend and allowances as the Governing Body may from time to time allocate to the Principal.

(2)  The Principal shall be entitled to the use of his or her lodgings free of rent, charges and property taxes, and otherwise subject to such terms and conditions as the Governing Body shall determine. The Governing Body shall be responsible for structural repairs, decoration and furnishings of the Principal’s lodgings.

(3)  Subject to the needs and financial resources of the College, the Governing Body shall have power to grant leave of absence to the Principal on such terms as to period and emoluments as it may determine.

Residence

9. The Principal shall reside in the accommodation designated as the Principal’s lodgings, for at least six months in each calendar year, including not less than six weeks in each term. In the case of illness, or other sufficient cause, the Governing Body may dispense the Principal from his or her obligations to reside, for as long as it may judge to be required by the necessity of the case.

External activities

10. The Principal shall not hold any office or appointment which, in the opinion of the Governing Body, is inconsistent with the proper performance of his or her duties, save that he or she may be dispensed by the Governing Body in part or in full from the performance of those duties for a specified purpose and subject to such diminution of his or her stipend as the Governing Body shall think fit.

Tenure

11. All details of the term of office of the Principal will be as specified in the Byelaws. The Principal shall give not less than 12 months’ notice of an intention to resign, or such shorter period as the Governing Body may agree.

Temporary incapacity

12. If at any time it shall appear that the Principal has become incapable of discharging the duties of his or her office, the Vice-Principal shall, with the consent of any three or more members of the Governing Body, convene a meeting of the Governing Body at which the quorum shall be 60 per cent of the number of members to inquire into the circumstances, and if satisfied that the Principal is so incapable, and on a majority of not less than two-thirds of members present, the Governing Body shall so declare and request the Vice Principal to act in accordance with Statute IV:14.

STATUTE IV: FELLOWS, OFFICERS AND LECTURERS

 Class of Fellowships

1. The Fellowships in the College shall be of the following classes:

(1)  Official Fellowships, tenable by the Tutors and such other Officers of the College and such holders of            University teaching posts as the Governing Body shall from time to time determine.

(2)  Professorial Fellowships, tenable by University Professors, University Readers, and holders of other University offices which are declared by any University Statute or Decree to qualify the holder for a Professorial Fellowship.

(3)  Research Fellowships, tenable by persons who, in the opinion of the Governing Body, have conducted, or are likely to conduct, valuable advanced study or research and who undertake to pursue advanced study or research in the College or in the University Research Fellows may in addition undertake teaching in the College or University, if approved by the Governing Body.

(4)  Supernumerary Fellowship, tenable by persons whose services as Fellows would, in the opinion of the Governing Body, be of advantage to the College.

(5)  Emeritus Fellowships, tenable by persons who have vacated Official, Professorial or Research Fellowships in the College, or such other offices in the College as shall, in the opinion of the Governing Body, render them eligible. Emeritus Fellows shall normally have held a Fellowship or College Office for 15 years prior to election.

(6)  Honorary Fellowships, tenable by distinguished persons.

(7)  Foundation Fellowships, tenable by benefactors of the College.

Official Fellowships

2     (1) The election or re-election of all Official Fellows of the College shall, subject to the provisions of these Statutes, be made by the Governing Body, and in the case of an initial election where the duties of the Fellowship include teaching, after consultation with the Board or Boards of the appropriate Faculty or Faculties of the University.

(2)  Subject to the provisions of Clause 3 of Statute XII, and where not otherwise provided in these Statutes, Official Fellows of the College shall be appointed for such periods not exceeding seven years as the Governing Body may from time to time determine, at the expiration of which they shall be eligible for re-election, but no Official Fellow may hold his or her Fellowship beyond the retirement age specified in the College’s current Employer Justified Retirement Age Policy or relevant Byelaw, if there is one, except that at the discretion of the Governing Body, Official Fellows may be allowed to continue beyond any such retirement age for a period specified by Governing Body.

(3)  Official Fellows of the College shall reside within 25 miles of Carfax during Full Term, but the Governing Body may in case of sickness or for any other sufficient           reason, dispense with the residential requirement of a Fellow of the College for such period as it thinks proper.

(4)  Subject to the needs and financial resources of the College, the Governing Body shall have the power to grant leave of absence to an Official Fellow on such terms as to period and emolument as it may determine. Provision of leave of absence under this Clause shall not normally exceed that granted to University teaching officers.

(5)  Subject to the provisions of these Statutes, the Governing Body shall from time to time determine the       reasonable stipends and emoluments of the Official        Fellows.

Professorial Fellowships

3     (1) The holder of any Professorship or Readership allocated to the College by the Council of the University shall thereby by a Professorial Fellow of the College, provided always that the College had the right to be represented on the Board which elected him or her to the Professorship or Readership.

(2)  The election of the holder of any other Professorship or Readership or qualifying office to a Professorial Fellowship shall be made by the Governing Body on such terms as it thinks fit.

(3)  A Professorial Fellow shall vacate his or her Fellowship and any office which he or she holds in the College on resigning or otherwise vacating his or her Professorship or Readership or other qualifying office.

(4)  If a Professorial Fellow be deprived of his or her Professorship or Readership or other qualifying office,   he or she shall ipso facto vacate his or her Fellowship.

(5)  A Professorial Fellow as such shall have no stipend from the College, but may be granted such other       allowances, privileges and facilities as the Governing Body may from time to time determine.

(6)  In the event of an existing Fellow of the College who has been appointed by the University to an ad hominem Professorship or Readership being elected to a   Professorial Fellowship, no determination made under sub-clause

(5) of this Clause shall deprive him or her of privileges and facilities which, in the opinion of the Governing Body, he or she may appropriately be permitted to retain.

(7)  Subject to the terms of his or her appointment a Professorial Fellow may be invited by the Governing       Body to undertake the supervision of students or other academic duties.

Research Fellowships

4. (1) The Governing Body may from time to time appoint as a Research Fellow any person duly qualified as in Clause 1 (3) of this Statute on such terms as it thinks fit, subject to sub-clauses (2) and (3) of this Clause. It may designate such a Fellowship ‘Senior’ or ‘Junior’ or give it such other designation as the circumstances warrant.

(2)  Every Research Fellow designated Senior shall be appointed for a period not exceeding five years in the first instance and may be re-appointed for such further period or periods as the Governing Body may determine, but no such re-appointment may be for a longer period than seven years at a time.

(3)  Every Research Fellow designated Junior shall be appointed for a period not exceeding three years in the first instance and may be re-elected for such period or periods as shall, when added to the period of his or her first appointment, not exceed six years in all.

(4)  The Governing Body shall have power to determine the reasonable stipends and emoluments, if any, of Research Fellows and shall have the power to admit them to any or all of the privileges of Clause 25 of this Statute.

(5)  Research Fellows shall exercise such functions (if any) as the Governing Body may determine.

(6)  No stipendiary Research Fellow may hold his or her Fellowship after beyond the retirement age specified in the College’s current Employer Justified Retirement Age Policy or relevant Byelaw, if there is one, except that at the discretion of the Governing Body, Senior Research Fellows may be allowed to continue beyond any such retirement age for a period specified by Governing Body.

Supernumerary Fellows

5. (1) The Governing Body may from time to time appoint as a Supernumerary Fellow for a stated period not exceeding five years in the first instance, any person duly qualified as in Clause 1(4) of this Statute.

(2)  The Governing Body may renew the appointment for a subsequent or further period or periods but no such re-appointment may be for a longer period than five  years at a time and provided also that there shall be no expectation of such re-appointment.

(3)  A Supernumerary Fellow shall have no stipend as such from the College. He or she shall exercise such functions (if any) as the Governing Body may determine and may be admitted to any or all of the privileges of Clause 25 of this Statute.

Emeritus Fellowships

6. (1) The Governing Body may from time to time appoint as an Emeritus Fellow any person duly qualified as in Clause 1(5) of this Statute.

(2)  An Emeritus Fellow shall have no stipend as such from the College, shall exercise such functions (if any) as the Governing Body may determine, and may be admitted to any or all of the privileges of Clause 25 of this Statute.

Honorary Fellowship

7. (1) The Governing Body may from time to time appoint as an Honorary Fellow any person duly qualified as in Clause 1(6) of this Statute.

(2)  An Honorary Fellow shall not be entitled to receive any pecuniary emolument or to exercise any functions by virtue of his or her office, but may enjoy such privileges and advantages and exercise such functions as the Governing Body shall from time to time determine.

Foundation Fellowship

8. (1) The Governing Body may from time to time appoint as a Foundation Fellow any person duly qualified as in Clause 1(7) of this Statute.

(2)  A Foundation Fellow shall not be entitled to receive any pecuniary emolument or to exercise any functions by virtue of his or her office, but may enjoy such privileges and advantages and exercise such functions as the Governing Body shall from time to time determine.

Declaration on appointment

9. Every member of the Governing Body shall on his or her appointment be admitted to his or her membership of the Governing Body by the Principal at a meeting of the Governing Body and shall make before the Principal and other members of the Governing Body present at the meeting the following declaration:

“I, A B, shall be true and faithful to the College, and shall observe its Charter, Statutes, and Byelaws, and promote its objects, interests and studies, so far as in me lies.”.

Precedence

10. The Fellows of the College shall take seniority according to the date of their appointment, provided that Fellows of the College re-appointed under Clause 2(1) of this Statute shall retain the seniority which they had previously attained. In the event of two or more Official Fellows being elected on the same day the Governing Body shall determine their seniority.

 Vacation of Fellowship or Office

11. (1) The holder of any Fellowship or office of the College shall, subject to the provisions of these Statutes, vacate his or her Fellowship or office in the College on any of the following occurrences, that is to say:-

(i)  On the acceptance of the Headship of the College or any other College or Permanent Private Hall, or of a Fellowship in any College, or Permanent Private Hall within the University, whether stipendiary or non-stipendiary (other than an Honorary or Emeritus Fellowship).

(ii) On the giving up of a University teaching post if the holding of such a post shall have been made by the Governing Body a condition of his or her tenure of Fellowship.

(2) If any Official Fellow or other Officer of the College to whom the provisions of Statute V do not apply shall through sickness have been incapable of duly performing the duties of his or her office during the whole of three successive terms, he or she may be required by the Governing Body to vacate his or her office.

(3)  If any Fellow or other Officer of the College to whom the provisions of Statute V do not apply is guilty of misconduct, or of any action which brings the College into disrepute, or of neglect or inefficiency in the discharge of his or her duties, or of contumacious disobedience to any provisions of the Charter, Statutes, or Byelaws of the College, he or she may be deprived of his or her Fellowship or office by the Governing Body after due inquiry held, at which he or she shall be entitled to be heard in his or her own defence. The procedure to be followed in respect of the preparation, hearing, determination of and appeal against such inquiry shall be prescribed by Byelaws made under this Clause, such Byelaws having regard so far as may be appropriate to similar procedures contained in Statute V.

External appointments

12. The holder of any Fellowship or office of the College who shall have the intention of accepting any salaried appointment or office not connected with the College shall give written notice of his or her intention to the Principal, who shall place it before the Governing Body and if the Governing Body shall be of the opinion that the duties of such appointment or office would be incompatible with the due performance of his or her duties as Fellow or Officer of the College, he or she shall be warned by them that he or she will be required to relinquish his or her Fellowship and office or offices in the College, if he or she were to accept such appointment or office.

Offices of the College

13. The Officers of the College shall be the Vice-Principal, the Senior Tutor, the Bursar, the Dean, the Dean of Degrees, the Fellow Librarian, the Academic Administrator, the Domestic Bursar, the Tutor in Ministerial Training, and such other Officers as the Governing Body may from time to time deem necessary for the administration of the College and the instruction and discipline of its members. Officers of the College shall be appointed by the Governing Body on such terms and conditions and for such period or periods as it may determine. The stipends and duties of all Officers shall, subject to the provisions of these Statutes, be determined by the Governing Body. More than one office may be held by the same person. When any of the said offices are vacant or when the Officer is absent or incapacitated, the Principal, with the approval of the Governing Body, shall arrange for the exercise of the functions and for the discharge of the responsibilities of the office.

Vice-Principal

14. In the absence or incapacity of the Principal, the Vice-Principal appointed under Clause 6 of Statute III, having the consent of the Governing Body, shall be charged with all the powers and duties of the Principal, except the giving assent to any Byelaw or resolution which affects any right, power or privilege of the Principal, and for which by these Statutes the consent of the Principal is necessary.

Senior Tutor

15. The Senior Tutor shall be responsible for ensuring that provision is made for the teaching and instruction of all members in statu pupillari during each Full Term.

Bursar

16. The Bursar shall be generally responsible, under the Principal and the Governing Body, for the financial affairs of the College, and shall have in particular such functions and responsibilities as the Governing Body may by Regulation determine. When the office of Bursar is vacant, or when the Bursar is absent or incapacitated, the Principal shall arrange for the exercise of the functions and     for the discharge of the responsibilities of the Bursar.

Dean

17. The Dean shall be charged with responsibility for the discipline of members of the College in statu pupillari.

 Dean of Degrees

18. The Dean of Degrees shall be responsible for the signing of graces and the presentation of candidates for matriculation and for degrees.

Fellow Librarian

19. The Fellow Librarian shall have the care of the College Library and such powers of discipline over members of the College in statu pupillari in relation to the use of the Library as the Governing Body may determine.

Academic Administrator

20. The Academic Administrator shall be responsible for the academic administration of the College.

Domestic Bursar

21. The Domestic Bursar shall have the care of the domestic arrangements of the College and supervise the domestic staff of the College.

Tutor in Ministerial Training

22. (1) The Tutor in Ministerial Training shall be appointed by the Governing Body for the direction of ministerial students and shall be a minister on the roll of the General Assembly of Unitarian and Free Christian Churches in the United Kingdom or a minister of the non-subscribing Presbyterian Church of Ireland. The appointment shall be made in consultation with the said General Assembly.

(2)  The Tutor shall be a member of the Governing Body.

(3)  The Tutor shall normally be appointed for an initial period not normally exceeding three years. Thereafter the Tutor may be re-appointed at the discretion of the Governing Body.

(4)  No person shall be competent to act as Tutor unless and until he or she shall have delivered to the Principal a declaration in writing in the following form, namely:

“I, A B, shall be true and faithful to the College, and shall observe its Charter, Statutes, and Byelaws, and promote its objects, interests and studies, so far as in me lies.”.

Lecturers

23. Lecturers, not being Fellows of the College, may be appointed by the Governing Body to supervise the course of study of members of the College in statu pupillari. The conditions of their appointment shall be determined by the Governing Body.

Tutors

24. Tutors shall be designated by the Governing Body from among the Fellows and Lecturers of the College and they shall supervise the conduct and course of study and general welfare of such members of the College in statu pupillari as the Governing Body may assign to them and shall engage in the educational work of the College in such other ways as the Governing Body may require.

Common Table

25. The Governing Body may set apart and allow out of the revenues of the College a moderate sum for the provision of a Common Dinner and Common Lunch whether in the Dining Hall or in some other public room in the College, of which the Principal, and Official, Professorial, and Research Fellows shall be entitled to partake without charge. The same privileges may be extended in whole or in part to any other Fellow and to any Officer or Lecturer of the College not being a Fellow.

STATUTE V: ACADEMIC STAFF

Part I    Construction, application and interpretation

1. This Statute and any Byelaw 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 members of the academic staff of the College 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 College to provide education, to promote learning and to engage in research efficiently and economically; and

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

2.  No provision in Part II, Part III or Part VII of this Statute shall enable any members of the academic staff to be dismissed unless the reason for the dismissal may in the circumstances (including the size and administrative resources of the College) reasonably be treated as a  sufficient reason for dismissal.

3. (1) This Statute shall apply:

(a)  to any person holding a full-time College office designated by the Governing Body as one to which   this Statute applies;

(b)  to any person employed by the College to carry out teaching or research save for those holding appointments which have been excluded by the Governing Body from the scope of this Statute on the ground that the duties in that regard are only of a limited nature; and

(c)  to the Principal to the extent and in the manner set out in Part VII of this Statute.

(2)  In this Statute any reference to a “member of the academic staff” is a reference to a person to whom this Statute applies.

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 55 of the Employment Protection (Consolidation) Act 1978.

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 an Academic Disciplinary Committee appointed under Part III of this Statute to be such as to render the person convicted unfit for the    performance 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 the office or employment; or

(d)        physical or mental incapacity established under Part IV of this Statute; or

(e)        wilful disruption of the activities of the College; or

(f)        wilful disobedience of any of the Statutes or Byelaws in force for the time being.

(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.

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:

(1)  the fact that the College has ceased, or intends to cease, to carry on the activity for the purposes of which the person concerned was appointed or employed or has       ceased, or intends to cease, to carry on that activity in the place in which the person concerned worked; or

(2)  the fact that the requirements of that activity 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.

7. (1) Nothing in any appointments made, or contract entered into, shall be construed as overriding 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 this shall not invalidate any waiver made under section 142 of the Employment Protection (Consolidation) Act 1978.

(2)  For the avoidance of doubt it is hereby stated that nothing in Part III of this Statute shall be construed as       affecting the Statutes and Byelaws of the College concerning re-election at the expiry of a fixed term of a       Fellowship.

(3)  In any case where any person is designated to perform any duties or exercise any powers under this Statute, and that person is involved in the matter in question, the Governing Body may appoint an alternate to act in that other person’s place under procedures prescribed by Byelaws made under this Statute.

(4)  Nothing in any other Statute shall enable the Governing Body to delegate its power to reach a decision under Clause 10(2) of this Statute.

(5)  No one shall sit as a member of any of the bodies established under this Statute, and no one shall be present at a meeting of such body when the body is considering its decision or discussing a point of   procedure, except as provided by this Statute or by Byelaws made under this Statute.

(6)  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

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

9. (1) 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 –

(a)  his or her appointment is made, or his or her contract of employment is entered into, on or after 20^th 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 20^th 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.

10. (1) The Governing Body shall be the appropriate body for the purposes of this Part.

(2)  This Part applies only where the Governing Body has decided that there should be a reduction in the        academic staff –

(a)        of the College as a whole; or

(b)        of any area of academic work within the College by way of redundancy.

12. Where the Governing Body has reached a decision under Clause 10(2) of this Statute it shall select the requisite members of the academic staff for dismissal by reason of redundancy.
13. (1) Where the Governing Body has made a selection it may authorise an Officer of the College 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 Governing Body.

(3)  Each separate notice shall sufficiently identify the circumstances which have satisfied the Governing Body that the intended dismissal is reasonable and in particular shall include –

(a)        a summary of the action taken by the Governing Body under this Part;

(b)        an account of the selection processes it has used;

(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 of this Statute; and

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

Part III Discipline, dismissal and removal from office

13.(1)   If the conduct or performance of a member of the academic staff does not meet acceptable standards, but does not constitute sufficient cause for dismissal, an oral warning may be given by the Principal who shall keep a note of the matter. The member of the academic staff concerned shall be informed of the reason for the warning; that it constitutes the first stage of the disciplinary procedure; and that a right of appeal exists under this Clause. An oral warning shall be disregarded for disciplinary purposes after 12 months.

(2)  If the offence is a serious one, or if a further offence occurs, a written warning may be given by the Principal who shall keep a copy of the warning. The member of the academic staff concerned shall be informed in writing of the reason for the warning; the improvement required and the time within which that must be achieved; that charges may be instituted under Clause 14 of this Statute if there is no satisfactory improvement; and that a right of appeal exists under this Clause. A written warning shall be disregarded for disciplinary purposes after two years.

(3)  A member of the academic staff who wishes to appeal against a disciplinary warning given under this Clause shall within 14 days of receipt of the warning inform the Principal by letter of his or her decision to appeal. Such a letter should state the grounds on which the appeal is to be made. The Governing Body shall hear the appeal within 28 days of the receipt of such letter, provided that the months of July and August shall not be counted in calculating this period. The Governing Body’s decision shall be final.

14. (1) If there has been no satisfactory improvement following a written warning given under Clause 13 (2) of this Statute or in any case where it is alleged that the conduct or performance of a member of the academic staff may constitute good cause for dismissal, a complaint seeking the institution of charges to be heard by an Academic Disciplinary Committee appointed under Clause 15 of this Statute may be made to the Principal.

(2)  To enable the Principal to deal fairly with any complaint brought to his or her attention under sub-clause (1) of this Clause, such enquiries (if any) shall be instituted as appear to the Principal to be necessary.

(3)  If it appears to the Principal (whether on receipt of a complaint or otherwise) that there are grounds for believing that the conduct or performance of a member of the academic staff could constitute good cause for dismissal, he or she shall write to the person concerned inviting comment in writing, and if he or she considers that the College might otherwise suffer significant harm may, at this stage or at any stage prior to the conclusion of any hearing by an Academic Disciplinary Committee appointed under Clause 15 of this Statute, suspend the person concerned from the performance of   duties without loss of emoluments.

(4)  As soon as may be following receipt of the comments (if any), or in any event not later than 28 days after they were invited, the Principal shall consider the matter in the light of all the available evidence and may dismiss the matter summarily, or issue an oral or written warning to the person concerned, or determine that the matter be considered by an Academic Disciplinary Committee appointed under Clause 15 of this Statute.

15. If the Principal has determined that the matter is to be considered by an Academic Disciplinary Committee, he or she shall request the Governing Body to appoint such a committee to hear the charge or charges and to determine whether the conduct or performance of the person charged constitutes good cause for dismissal or otherwise constitutes a serious complaint relating to the appointment or employment, and, if so, to recommend what action should be taken.

16        (1)        An Academic Disciplinary Committee appointed by the Governing Body shall comprise

(a)        a chairman;

(b) one member chosen from amongst members of the Governing Body to whom this Statute does not apply, Honorary Fellows, and Emeritus      Fellows; and

(c)  one member chosen from amongst members of the Governing Body.

(2)  In selecting members of the panel for appointment as members of an Academic Disciplinary Committee, the Governing Body shall exclude the person charged, and any person who has been involved in or          associated with the making of the complaint or any part of it, or who has been involved in any         preliminary hearing or investigation.

17. (1) When an Academic Disciplinary Committee has been appointed, the Governing Body shall instruct a solicitor or other suitable person to formulate the charge or charges and to present, or arrange for the presentation of, the charges before the Academic Disciplinary Committee.

(2)  It shall be the duty of the person formulating the charge or charges –

(a)  to forward in writing the charge or charges to the Committee 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 Committee.

18. The procedure to be followed in respect of the preparation, hearing and determination of any charge by an Academic Disciplinary Committee shall ensure:

(1)  that the person charged is entitled to be represented        by another person, whether such person is legally qualified or not, in connection with and at any hearing by an Academic Disciplinary Committee.

(2)  that a charge shall not be determined without an oral hearing at which the person charged and any person appointed as his or her representative are entitled to be present;

(3)  that witnesses may be called, both on behalf of the person charged and by the person presenting the charge, and may be questioned concerning any relevant   evidence;

(4)  that no new witness or documentary evidence may be introduced by the person presenting the charge without the Committee’s consent, which shall not be given save for good reason, and that if late introduction is allowed, the member of the academic staff shall be allowed an adjournment sufficient to allow him or her to consider and respond to the new evidence; and

(5)  that any charge is heard and determined as expeditiously as is reasonably practicable.

19. (1) The Academic Disciplinary Committee 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) in writing to the Principal, the person charged, the person presenting the charge, and any person who shall have been added as a party by the Academic Disciplinary Committee.

(2)  The Academic Disciplinary Committee shall draw attention to the period of time within which any appeal should be made by ensuring that a copy of Part V of this Statute accompanies each copy of its decision sent to a party to the proceedings under this Clause.

20. (1) Where any charge is upheld and the Academic Disciplinary Committee finds good cause and recommends dismissal, but in no other case, the Principal shall consult the Governing Body and shall decide whether or not to dismiss the person concerned. If the Principal decides to accept the Academic Disciplinary Committee’s recommendation he or she may forthwith dismiss that person.

(2)  Where any charge is upheld, other than where the Principal has decided under sub-clause (1) of this Clause to dismiss the person concerned, the action available to the Principal, after consulting the Governing Body, (not comprising a greater penalty than that recommended by the Academic Disciplinary Committee) shall be –

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

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

(c)        to warn the person concerned; or

(d) to suspend the person concerned for such period as   the Principal shall think fair and reasonable, not to exceed three months after the date on which the       Governing Body shall have considered the Academic Disciplinary Committee’s decision, provided that no suspension without pay may be ordered unless the terms of the contract of employment of the person concerned contain provisions expressly entitling the Principal to impose such penalty; or

(e)        such further or other action under the contract of employment or terms of appointment of the person concerned as appears fair and reasonable in all the circumstances of the case; or

(f)        any combination of any of the above.

21. (1) The Principal shall be the appropriate Officer to exercise the powers conferred by Clause 20 of this Statute but he or she may appoint a delegate to exercise those powers.

(2)       Any action taken by the Principal or his or her delegate shall be confirmed in writing and notified to the Governing Body.

Part IV Removal for incapacity on medical grounds

22. (1) This part makes separate provisions for the assessment of incapacity on medical grounds as a good cause for dismissal and 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 the Principal shall be the appropriate Officer to perform any duties or exercise any powers, but may appoint a delegate to act on his or her behalf.

(4)  In this Part 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 or other person with authority to act on behalf of thatt member in addition to (or instead of) that member.

23. (1) Where it appears to the Principal that the removal of a member of the academic staff on medical grounds should be considered, the Principal –

(a)           shall inform the member accordingly;

(b)           may, if the member agrees or if the Principal considers that the College might otherwise suffer significant harm, suspend the member from duty without loss of pay; and

(c)           shall notify the member in writing that it is  proposed to make an application to the   member’s medical practitioner 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 elects to apply for early retirement on medical grounds he or she shall be allowed to do so and the College shall meet the reasonable costs of any medical opinion required.

(3)     If the member does not elect to apply for early retirement on medical grounds the Principal may   refer the case in confidence, with any medical and other evidence (including any such evidence submitted by the member), to a Board comprising one person nominated by the Governing Body; one person nominated by the member concerned or, in default of the latter nomination, by the Principal; and a medically qualified chairman jointly agreed by the Governing Body and the member or, in default of agreement, to be nominated by the Principal of the Royal College of Physicians.

(4)     The procedure to be followed in respect of the preparation, hearing, and determination of a case by a Medical Board under this Part shall be prescribed by Byelaws made under this sub-clause. Such Byelaws shall ensure:

(a)     that the member 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 Board;

(b)    that a case shall not be determined without an oral hearing at which the person charged and any person appointed to represent him or her are entitled to be present;

(c)     that witnesses may be called and may be questioned concerning any relevant evidence; and

(d)    that the case is heard and determined as expeditiously as is reasonably practicable.

(5)  The Board may require the member concerned to undergo medical examination at the College’s expense.

24. (1) If the Board determines that the member should be required to retire on medical grounds, the Principal shall consult the Governing Body, and may terminate the employment of the member concerned on those medical grounds.

(2)  Any action taken by the Principal shall be confirmed in writing and notified to the Governing Body.

Part V  Appeals

26. 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 or whose request to continue in post beyond the retirement age stipulated in Statute IV section 2 (2) or 4 (6) has been turned down.
27. (1) This Part applies –

(a)  to appeals against any decision of the Governing Body to dismiss in the exercise of its powers   under Part II of this Statute;

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

(c)        to appeals against any dismissal otherwise than in pursuance of Part II, Part III, Part IV or Part VII of this Statute;

(d)        to appeals against any disciplinary decision otherwise than in pursuance of Part III of this Statute;

(e)        to appeals against any decision reached under Part IV of this Statute;

(f)        to appeals against any decision reached under Part VII of this Statute; and

(g)       to appeals against any decision concerning compulsory retirement under Statute IV Section 2 (2) or 4 (6).

and “appeal” and “appellant” shall be construed accordingly.

(2)  No appeal shall however lie against –

(a)        a decision of the Governing Body under Clause 10(2) of this Statute;

(b) any finding of fact of an Academic Disciplinary Committee under Clause 19(1) of this Statute save on legal grounds or 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 medical finding by a Board set up under Clause 23(3) of this Statute save on legal grounds or save where, with the consent of the person or persons appointed, fresh evidence is called on behalf of the appellant at that hearing.

(3)  In this Part references to “the person appointed” are references to the person appointed by the Governing Body under Clause 29 of this Statute to hear and determine the relevant appeal.

(4)  The parties to an appeal shall be the appellant and the Principal and any other person added as a party at the direction of the person appointed.

28. A member of the academic staff shall institute an appeal by serving on the Principal, within the time allowed under Clause 28 of this Statute, notice in writing setting out the grounds of the appeal.
29. (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) of this Clause.

(2)  The Principal shall bring any notice of appeal received (and the date when it was served) to the attention of the Governing Body and shall inform the appellant that he or she has done so.

(3)  Where the notice of appeal is served on the Principal outside the 28 day period the person appointed under       Clause 29 of this Statute shall not permit the appeal to proceed unless he or she considers that justice and fairness so require in the circumstances of the case.

29. (1) Where an appeal is instituted under this Part the Governing Body shall appoint a person described in sub-clause (2) of this Clause to hear and determine that appeal subject to sub-clause (3) of this Clause.

(2)  The persons described in this sub-clause are –

(a)   the person who is the Visitor; or

(b) persons not employed by the College holding, or having held, judicial office or being barristers or solicitors of at least ten year’s standing.

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

(4) The two other persons who may sit with the person appointed, and who shall be appointed by the Governing Body, shall be –

(a)  one member chosen from amongst members of the Governing Body to whom this Statute does not apply, Honorary Fellows or Emeritus Fellows; and

(b)        one member chosen from amongst members of the Governing Body to whom this Statute applies.

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

(2)  Without prejudice to the generality of the foregoing, such Byelaws shall ensure –

(a)        that an appellant is entitled to be represented by another person, whether such person is 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 appointed by the appellant to represent the appellant are entitled to be present and to speak, 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 is 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 of this Statute (or any issue arising in the course of such an appeal) to the Governing Body for further consideration as the person or persons hearing the appeal may direct; or

(b) remit an appeal arising under Part III of this Statute for re-hearing or reconsideration by the same or by a differently constituted Academic Disciplinary Committee to be appointed under that Part; or

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

(d) remit an appeal by the Principal arising under Part VII of this Statute for re-hearing or reconsideration by the same or by a differently constituted Tribunal to be appointed under that Part; or

(e)  substitute any lesser alternative penalty that would have been open to the Principal following the finding by the Academic Disciplinary Committee which heard and determined the original charge or charges; or

(f)  remit an appeal from a decision under Statute IV Section 2 (2) or 4 (6) for re-hearing or reconsideration by the same or a different panel.

31. The person appointed shall send a reasoned decision, including any decision reached in exercise of his or her powers under Clause 30(3) (a), (b), (c) or (d) of this Statute, on any appeal and a statement of any findings of fact different from those of the Governing Body under Part II of this Statute or of the Academic Disciplinary Committee under Part III of this Statute          or of the Board under Part IV of this Statute or of the Tribunal appointed under Part VII of this Statute, as the case may be, to   the Principal and to the parties to the appeal.

Part VI Grievance procedures

33. The aim of this Part is to settle or redress individual grievances promptly, fairly and, so far as may be, within the  relevant area by methods acceptable to all parties.
34. 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 College, not being matters for which express provision is made elsewhere in this Statute.

34. (1) If other remedies within the relevant areas have been exhausted the member of the academic staff may raise the matter with the Principal.

(2)  If it appears to the Principal that the matter has been finally determined under Part III, IV or V of this Statute 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 Principal he or she shall inform the member and may inform the Governing Body accordingly.

(3)  If the 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 of this Statute; or

(b)        a determination under Part IV of this Statute; or

(c)        an appeal under Part V of this Statute,

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 shall notify the member accordingly.

(4)  If the Principal does not reject the complaint under sub-clause (2) of this Clause or if he or she does not defer action upon it under sub-clause (3) of this Clause, the Principal shall decide whether it would be appropriate, having regard to the interests of justice and fairness, to seek to dispose of it informally. If the Principal so decides he or she shall notify the member and proceed accordingly.

38. If the grievance has not been disposed of informally under Clause 34(4) of this Statute, the Principal shall refer the matter to a Grievance Committee for consideration.
39. A Grievance Committee shall comprise three Fellows of the College appointed by the Governing Body.
40. The procedure in connection with the consideration and determination of grievances shall be determined in Byelaws 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.
41. The Committee shall inform the Governing Body 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.

Part VII            Removal of the Principal from office

41. Any five members of the Governing Body may make a complaint to the Senior Official Fellow seeking the removal of the Principal from office for good cause.
42. The Senior Official Fellow shall refer such a complaint to the Governing Body, exclusive of the Principal and the members making the complaint. If it appears to the Governing Body that the complaint is trivial or invalid or unjustified or is not supported by sufficient evidence of good cause for the removal of the Principal from office, it may determine that no further action shall be taken upon it.
43. If it appears to the Governing Body on the available material that the complaint could, if proved, constitute good cause for the removal of the Principal from office, it shall appoint a Tribunal to hear and determine the matter.
44. The Tribunal appointed by the Governing Body shall comprise:

(a)  an independent chairman; and

(b)  one member chosen from amongst members of the Governing Body to whom this Statute does not apply, Honorary Fellows, and Emeritus Fellows; and

(c)  one member chosen from amongst members of the Governing Body to whom this Statute applies.

43. A charge referred to the Tribunal shall be dealt with in accordance with the procedure prescribed in Clauses 17 to 19 of this Statute, provided –

(a)  that the Senior Official Fellow shall perform any duty and exercise any power there assigned to the Principal; and

(d)  that the only recommendation the Tribunal may make is whether or not the Principal should be removed from his or her office.

47. Where a charge or charges have been upheld and the Tribunal finds good cause and recommends dismissal, but in no other case, the Senior Official Fellow shall report the findings to the Governing Body. The Governing Body may then dismiss the Principal, but only if at least two-thirds of those present and voting support such action.
48. Where a complaint is to be referred to a Tribunal under Clause 41 of this Statute, the Senior Official Fellow may, if he or she considers that the College might otherwise suffer significant harm, suspend the Principal from his or her duties in all matters relating to the government and discipline of the College without loss of salary.
49. For the purpose of the removal of the Principal from office for incapacity on medical grounds, the provision of Part IV of this Statute shall have effect, provided that the Senior Official Fellow shall perform any duty or exercise any power there assigned to the Principal.
50. For the purpose of appeals by the Principal against removal from office, the provisions of Part V of this Statute shall have effect, provided that the Senior Official Fellow shall perform any duty or exercise any power there assigned to the Principal.

STATUTE VI: TUITION

1. Except in such cases as fall under the responsibility of a Faculty Board or other body of the University, the Governing Body shall make provision for the instruction during each Full Term of the members in statu pupillari.

STATUTE VII: MINESTERIAL TRAINING AND BURSARY

Course of instruction

1. The College shall make available a course of education and training whereby students accepted as candidates for       the ministry or for lay leadership training in member churches of the General Assembly of Unitarian and Free Christian Churches or the Non-Subscribing Presbyterian Church of Ireland may prepare for the ministry or for lay leadership. The College shall offer studentships free of charge to suitable candidates accepted for this ministry or lay leadership. Such studentships will not normally exceed        four in number at any one time. The College may also admit to the course ordinands presented by other ecclesiastical          bodies.

Ministerial bursary

2. The College shall offer a bursary to serving ministers on the Roll of the General Assembly of Unitarian and Free Christian Churches, whose application is supported by the General Assembly of Unitarian and Free Christian Churches, such bursary being tenable by one or more ministers in any one year, but not more than one at any one time. Tenure of the bursary shall be conditional on            undertaking research and study within the College.

Tutor in Ministerial Training

3. The Tutor in Ministerial Training appointed under Clause 22 of Statute IV shall be responsible through the Ministerial Training Committee to the Governing Body for the supervision of the course of education and training to be made available under Clause 1 of this Statute.

Ministerial Training Committee

4. There shall be a Ministerial Training Committee, which shall meet at least twice a year. The Ministerial Training       Committee shall comprise:

(a)  the Principal;

(b)  two members of the Governing Body;

(c)  two members nominated by the General Assembly of Unitarian and Free Christian Churches;

(d)  the Tutor in Ministerial Training.

5. The Committee, which shall regulate its own procedure, shall advise the Governing Body in matters connected with any course of education for ministerial training provided pursuant to this Statute. All acts and             proceedings of the Committee shall be reported to the next meeting of the Governing Body.

STATUTE VIII: FINANCE

1(a) The Governing Body may provide for the expenditure of the capital and income of the College on any purposes in       pursuit of the objects of the College, including the provision of new or additional buildings for the College, the provision of buildings (including houses) to be used in connection with the College, and the repair and improvement of the College’s buildings.

1(b) The Governing Body, subject to the requirements of the Universities and College Estates Act 1925 (as amended) and the Charities Act 1993 (as amended) and in pursuit of the objects of the College, may at its discretion borrow money and mortgage property provided all such borrowings do not exceed the gross capital of the College and the Governing Body has made provision to repay the loan or to pay off the mortgage.

2. Subject to the provisions of any relevant trust instrument, and to Clause 3 of this Statute, assets of the College which require investment may be invested by the Governing Body upon or in such securities, stocks, shares, funds or other investments (including land) in any part of the world, and whether involving liability or not, as the Governing Body shall in its absolute and uncontrolled discretion think  fit, so that the Governing Body shall be empowered to invest and transpose the investment of such assets in the  same unrestricted manner as if it were the beneficial owner thereof.

3. The Governing Body shall formulate an investment policy, which shall be reviewed at least once in every calendar year, and shall make provision in the Byelaws of the College for adequate experienced advice to be available in the formulation and review of such investment policy. No investment outside the terms of the policy shall be made without the prior approval of the Governing Body. The Governing Body shall have power to provide, in accordance with their instructions, for the management of the assets of the College by an appropriately qualified person.

4. The application of the revenue of the College under the provisions and for the purposes of these Statutes shall be       subject to any Statute or Statutes made for the University under the powers of the Universities of Oxford and Cambridge Act, 1923 for enabling or requiring the College to make contributions out of its revenue for University       purposes and for the payment of charges imposed thereby.

5. The Governing Body shall cause proper records of account to be kept, which give a true and fair view of the financial affairs of the College and explain its transactions.

6. The accounts of the College shall be audited annually by a person who is eligible for appointment as a company auditor under the Companies Act currently in force.

7. The Governing Body shall in every year cause to be prepared and delivered to the Registrar of the University for publication such information relating to the accounts of the College as may be prescribed by any Statute of the University in force for the time being.

8. The Governing Body may make reasonable donations out of College funds for any charitable purpose, including educational objects relating to the College or the University.

9. The College shall appoint a Remunerations Committee which shall make recommendations to the Governing Body concerning any increase in stipends and benefits to members of the Governing Body.  The Governing Body may accept such recommendations or reduce the amount, but in no circumstances shall the Governing Body exceed any increases recommended by the Remunerations Committee. The constitution and terms of reference of the Remunerations Committee will be defined in a Byelaw.

10. The Governing Body shall be entitled to allocate resources to maintain the buildings of the College.

STATUTE IX: PENSIONS

1. The Governing Body shall ensure that the Principal and each Fellow and Officer of the College in receipt of a stipend is given the opportunity to become a member and subject to the provisions of the Universities Superannuation Scheme, and shall deduct from his or her stipend such sums, and in addition provide from corporate revenue such further sums, as are  required by and under that Scheme.
2. Clause 1 of this Statute shall not apply to those who, being members of the Federated Superannuation System for Universities, do not elect to transfer to the Universities Superannuation Scheme but remain members of the System. In   relation to such members the Governing Body shall continue to   discharge the duties and exercise the rights of a member institution under the System, subject to such amendments or modifications as may be introduced therein.
3. The Governing Body shall have the power to make such provisions for pensions as are desirable for those Fellows, Officers, Lecturers and employees of the College not otherwise provided for in this Statute.
4. The Governing Body shall make such provisions as may be necessary to secure the observation and implementation of, and may enter into such agreements and undertakings as may be desirable in relation to, the pension arrangements of the College.
5. If it appears to the Governing Body that the benefits arising by virtue of the preceding Clauses of this Statute are unsatisfactory in the case of any person to whom they relate, it may make such additional provision for his or her benefit as it shall determine.

STATUTE X: MEMBERS IN STATU PUPILLARI

Scholarships and Exhibitions

1. Candidates for membership of the College and members in statu pupillari may be elected by the Governing Body to a Scholarship or Exhibition. Scholarships awarded to such   persons who are, or at the date of taking up their Scholarship will be, reading for a higher degree of the University shall be designated Senior Scholarships.

Financial assistance

2. The Governing Body may make a grant to any member of the College in statu pupillari:

(a)  who is, in the opinion of the Governing Body, likely to suffer hardship while at the University if not awarded a grant; or

(b)  who seeks assistance in respect of any special course of study or in respect of any other activity which is academically beneficial.

The Governing Body may by Byelaw delegate its powers under this Clause to the Principal or any Officer or Fellow of the College from time to time.

Membership of the College

3. Students shall be admitted to the College only pursuant to a resolution of the Governing Body unless Byelaws otherwise provide.

4. The College may accept into membership in statu pupillari men and women who shall be at least 25 years of age, but the College may exceptionally accept those who are at least 21 years of age where their circumstances so warrant.

Removal from the College

5. No member of the College in statu pupilarii may be permanently withdrawn from the College except by the decision of the Governing Body.

Definition

6. The term “in statu pupillari” in these Statutes means the undergraduate members of the College and any graduate members of the College who are receiving instruction within the University.

STATUTE XI: THE CHAPEL

The Manchester College Chapel Society shall be permitted to hold a service in the College Chapel every Sunday morning and shall have the use of the Chapel and other College facilities with the agreement of the Governing Body, provided that

(a)  the Chapel Society continues to operate under its constitution as at 30^th September 1994, or that any change in the constitution is approved by the Governing Body of the College, in consultation with           the General Assembly of Unitarian and Free Christian Churches;

(b)  the Chapel Society does not in the opinion of the Principal of the College (with the concurrence of the Visitor) or the Vice-Chancellor of the University respectively, bring either   the College or the University into disrepute;

(c)  the appointment of the minister to the Chapel Society shall be subject to the approval of the Governing Body of the College, in consultation with the General Assembly of Unitarian and Free Christian Churches.

STATUTE XII: SPECIAL PROVISIONS

Notice of change of Charter

1. Every proposal for a change in the Charter of the College in force for the time being shall be communicated to the Council of the University of Oxford before it is submitted for the approval of Her Majesty in Council and the Governing Body, in forwarding the Special Statute or Statutes, shall state expressly that it has been so communicated.

Alteration of Statutes

2. Subject to the provisions of Article 5 of the Charter of the College, these Statutes shall be subject to alteration in the manner provided in the Universities of Oxford and Cambridge Act, 1923. No Statute of the College affecting the University shall be altered without the consent of the University.

Existing interests

3. These Statutes shall operate without prejudice to any interest of the Principal, Fellows, members in statu pupillari, or staff of Manchester College, Oxford existing at the date on which they came into force.