University of Strathclyde Calendar 009-10 Part General Regulations


Appointment of the Vice-Principal, Deputy Principals and Deans



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Appointment of the Vice-Principal, Deputy Principals and Deans

1 Appointments to the offices of Vice-Principal, Deputy Principal and Dean of Faculty shall be made by the Appointment Committee as established under the terms of Statute XIII.8 (3) and (4).


2 The Appointment Committee shall comprise:


    1. In the case of an Appointment Committee established in respect of the appointment of a Vice-Principal, eight members, including the Principal, the Secretary to the University, the Convener of Court and five representatives elected by Senate, provided that any such committee shall not contain more than one representative from any one Faculty;

    2. In the case of an Appointment Committee established in respect of the appointment of a Deputy Principal, six members, including the Principal, the Secretary to the University, the Convener of Court and three representatives elected by Senate, provided that any such committee shall not contain more than one representative from any one Faculty;

    3. In the case of an Appointment Committee established in respect of the appointment of a Dean of a Faculty, six members, including the Principal, the Secretary to the University, the Convener of Court (or his/her nominee), one representative elected by the Deans of the Faculties and two representatives elected from the Faculty in respect of which the Dean is to be appointed.

    4. The quorum for the Appointment Committee shall be six for the appointment of the Vice-Principal and five for all other appointments.

    5. Appointment Committees shall have the power to seek external assessments for any or all candidates for any or all of the above posts.

3 No person shall be a member of an Appointment Committee considering the appointment of his/her successor.


4 The requirements above shall not prejudice office holders appointed prior to the implementation of these provisions.
Appointment of Academic Staff

5 Academic posts shall be filled following public advertisement, except where the Staff Committee on behalf of Court shall decide to the contrary.


5.1 Except as specified below, selection for appointment shall be made by a Joint Committee of Court and Senate established under the terms of Statute XIII.8.4, which shall report as required by way of the Staff Committee.

5.2 Appointments to all other posts grade 6 and above, other than appointments under Statutes IV and VIII, shall be made in terms of paragraph 8 of this Ordinance.

5.3 Save in respect of Appointment Committees formed in respect of any appointment referred to in paragraph 1 of this Ordinance (in respect of which the provisions of paragraph 2 of this Ordinance will apply), Appointment Committees shall consist, as appropriate, of the following members:
For professorial appointments

The Principal, or his/her nominee, who shall be Convener

A Lay Member of Court

The Dean or Vice-Dean of the Faculty concerned

The Head of the Department to which the post is assigned

An experienced member of staff in the area of study concerned, as nominated by the Principal after consultation with the Head of Department

The Dean of another Faculty

A member of the Professoriate, drawn from a Panel appointed by Senate





For other appointments

A Senior Academic Officer or the Principal's nominee, who shall be Convener

The Dean or Vice-Dean of the Faculty concerned

The Head of the Department to which the post is assigned

An experienced member of staff in the area of study concerned, as nominated by the Dean of the Faculty

One member, drawn from a panel appointed by Senate


5.4 The quorum for Appointment Committees to which paragraph (3) above applies shall be five for professorial appointments and four otherwise.
6 For professorial appointments, the Appointment Committee shall consult at least two external assessors who may participate in the interviewing but shall not be voting members of the committee.
Promotions to Professor

7 The following procedures shall apply in all cases where promotion is proposed of an existing member of staff of the University to the rank of Professor.


7.1 In terms of paragraph 4 above, the views of at least five External Assessors chosen by the Principal shall be sought.

7.2 Each External Assessor shall be furnished with a comprehensive statement as to the University's requirements for promotion to the rank of Professor, together with a full curriculum vitae and a statement of support for the candidate approved by the University’s Senior Academic Appointments Panel.

7.3 Each External Assessor shall submit a report on the candidate's standing in each of the areas of Research, Education, Knowledge Exchange and Good Citizenship, and overall standing in his/her subject or profession, such reports to be solicited specifically in relation to the proposed promotion of the candidate to the rank of Professor.

7.4 The reports of the External Assessors shall be circulated to the voting members of the Appointment Committee for decision. There shall be a formal meeting of the voting members of the Appointment Committee only if one or more members require it. The candidate shall be interviewed by the Appointment Committee only if there is a difference of opinion in the reports of the External Assessors and the Appointment Committee decides that an interview would assist it to reach a decision.


Appointment (other than under Statutes IV and VIII) of all staff Grade 6 and above other than Academic Staff

8 Each appointment shall be considered by a Committee under the Court normally following public advertisement. The Committee shall consist of:


8.1 Appointment of Administrative and Professional Services Directors or equivalent

The Principal or his/her nominee who shall be Convener

The Secretary to the University

Two further senior members of Administrative and Professional Services staff nominated by the Convener

Two members appointed by the Staff Committee, one of whom shall normally be the Convener of the Staff Committee and the other a Senior Member of Academic Staff.
The Committee shall have at its discretion the power to consult external assessors as it deems fit.
8.2 Appointment of Administrative and Professional Services grades 10, 9 and 8

The Secretary to the University, or his/her nominee, who shall be Convener

Two further Senior Members of Administrative and Professional Services staff nominated by the Convener

Two members appointed by the Staff Committee.


8.3 Appointment of Administrative and Professional Services grades 7 and 6

The Secretary to the University, or his/her nominee, who shall be Convener

A further Senior Member of Administrative and Professional Services staff nominated by the Convener

One member appointed by the Staff Committee.


8.4 Appointment of Academic Support, Research and Technical staff at grades 10, 9 and 8

A Senior Academic Officer who shall be Convener.

The Dean or Vice Dean of the Faculty concerned.

The Head of Department to which the post is assigned.

Two experienced members of staff with relevant interest and knowledge such as a Research Group Leader and a Senior Administrative and Professional or Technical Services Officer.
8.5 Appointments of Academic Support, Research and Technical staff at grades 7 and 6

The Dean or Vice Dean of the Faculty concerned who shall be Convener.

The Head of Department to which the post is assigned or his/her nominee.

One experienced member of staff with relevant interest and knowledge such as the Research Grant Holder or an Administrative and Professional or Technical Services Officer.


8.6 The quorum for Committees in respect of the appointments referred to in paragraph (1) above shall be four. The quorum for Committees in respect of the appointments referred to in paragraphs (2) and (4) above shall be three. The quorum for Committees in respect of the appointments referred to in paragraphs (3) and (5) above shall be two.
General Provisions

9 Where appropriate and where consistent with candidate confidentiality considerations, a selection committee shall have regard to the opinions of members of staff of the relevant section or Department. This shall be a requirement for Academic appointments and the Convener shall to this end nominate a member of the committee to consult members of the academic and other similar staff in the Department as appropriate.


10 No person shall be a member of an Appointment Committee when he/she is a candidate for the post being filled.

17 Staff Discipline



The Disciplinary Tribunal

1.1 There shall be a Disciplinary Tribunal (constituted in accordance with Statute XXIII Section 16 of the Statutes of the University) after the Chairman of Court has consulted with the Principal on the question of who should be appointed under the provisions of Statute XXIII Section 16. The duty of the Disciplinary Tribunal shall be to implement a proper hearing of charges brought under Statute XXIII Section 15 of the Statutes of the University in accordance with the provisions of Statutes XXIII Section 17 of the Statutes of the University.


1.2 The Disciplinary Tribunal shall discharge its duty by conducting itself in such a way, subject to the specific provisions of these Ordinances, that a proper inquiry is made into each and every claim brought under Statute XXIII Section 15 of the Statutes of the University, taking into account all relevant and proper rules of natural justice, so that a proper conclusion may be reached.
1.3 Once a member of the Disciplinary Tribunal is involved in an inquiry into an alleged breach of a disciplinary rule, he or she may (unless disabled for medical reasons) continue to complete the inquiry even though his or her nomination period by Court or Senate may have ended or even though he or she may no longer be a member of University.
1.4 The quorum for any meeting of the Disciplinary Tribunal must be all the persons mentioned in Statute XXIII Section 16 of the Statutes of the University.
1.5 All members of the Disciplinary Tribunal taking a decision under this Ordinance must have been present at each and every earlier meeting of the Disciplinary Tribunal at which charges alleged against the member of academic staff have been under consideration.
Start of the Hearing

1.6 After receipt of the papers to which reference is made in Statute XXIII Section 15 (4)(a) of the Statutes of the University, the Disciplinary Tribunal may meet to consider how the charges may best be investigated and dealt with at the hearing. The Disciplinary Tribunal shall appoint a Secretary to the Tribunal (who shall not be a member of the Tribunal) and fix a provisional timetable for such matters as have to be dealt with prior to any oral hearing in a reasonable and expeditious manner, with the object of making sure that the oral hearing of the charges takes place as quickly as is possible and reasonable. The Disciplinary Tribunal may fix time limits for any step which needs to be taken before the oral hearing and the consequences of not complying with such time limits.


A copy of all statements and details provided to the Disciplinary Tribunal by the officer in charge of the proceedings shall be copied and sent to the member of the academic staff, the subject of the charges, at least 14 complete days before any oral hearing starts, together with copies of all other written, photographic or other evidence which can be copied, together with a list of witnesses on whose oral evidence the officer in charge intends to rely and who have been notified to the Disciplinary Tribunal.
1.7 The Disciplinary Tribunal shall notify the member of academic staff that he or she shall attend an oral hearing on a date and at a time and at a place to be specified by the Disciplinary Tribunal at which the member of the academic staff shall be entitled to be present, with or without witnesses, and with or without one friend, whether legally qualified or not ("a friend"). The date of the hearing shall be not less than 14 complete days from the sending of notification by the Disciplinary Tribunal to the member of academic staff. At the hearing, the member of academic staff and/or a friend may speak and ask questions of any person called to give evidence to the Disciplinary Tribunal about the charges ("the evidence").
1.8 The Disciplinary Tribunal at any oral hearing heard in accordance with the provisions of 1.7 shall allow the member of academic staff (and/or a friend) and the officer in charge of the proceedings, in the presence of each other, to ask questions of witnesses and to speak to the charges and on the evidence in any general or particular way. It shall be for the Tribunal at its absolute discretion to decide on matters of relevancy and to support its decision with reasons if a request to do so is reasonably made.
1.9 The member of academic staff will have the right to be assisted by a friend and the member of the academic staff and/or the friend will have the right to speak before the Disciplinary Tribunal during the oral hearing and, in the event of any findings against the member of the academic staff, in mitigation after the findings have been announced.
1.10 The arrangements for the manner of exercising any rights of speaking and asking questions provided for in these paragraphs shall be at the discretion of the Disciplinary Tribunal, save that the member of the academic staff and/or a friend shall have the right to address the Disciplinary Tribunal on the charge or charges last.
1.11 The Disciplinary Tribunal shall have power:

(i) To ask questions of all witnesses (including the member of the academic staff) and

(ii) To examine any written, photographic, electronic or other form of record belonging to the University at any time, provided that the member of the academic staff and the officer in charge of the proceedings shall be told what has been examined and have an opportunity to make examination themselves.
1.12 The Disciplinary Tribunal may at its own absolute discretion adjourn matters related to its inquiry and may proceed in the absence of the member of the academic staff who fails to attend a meeting of the Disciplinary Tribunal, having received proper notice of the date, time and place of the meeting, unless the member of the academic staff has made a prior written request for a postponement of the oral hearing for reasons which have been stated in the request and which are considered satisfactory by the Disciplinary Tribunal.
1.13 The Disciplinary Tribunal may at its own absolute discretion adjourn matters related to its inquiry and may proceed in the absence of a witness or witnesses who fail to attend a meeting of the Disciplinary Tribunal if the Tribunal concludes that the interests of natural justice would not be undermined by proceeding in the absence of the witness or witnesses.
1.14 The Disciplinary Tribunal may dismiss any charge or charges at its absolute discretion on application by or on behalf of the member of the academic staff if the officer in charge of the proceedings has not dealt with the charge or charges in a way which the Disciplinary Tribunal considers to be reasonable.
1.15 The Disciplinary Tribunal may at its absolute discretion, at any time prior to the conclusion of the oral hearing, remit the charge or charges for the Vice Chancellor for further consideration by him or her or for the correction of errors.
Conclusion of the Hearing

1.16 At the conclusion of its inquiry, the Disciplinary Tribunal shall consider in private what it has read, heard and seen in relation to the charges and to the evidence and shall produce in writing a report ("the Disciplinary Report") containing:


(i) An index of the written papers and other evidence received by the Disciplinary Tribunal in relation to the allegations and a list of the names of those persons who gave oral evidence to the Disciplinary Tribunal.

(ii) The facts which it has found to be proved, which are relevant to the allegations.

(iii) The charges which it has found to be proved because of the findings of fact in (ii).

(iv) A statement as to any mitigating or serious features found to be present.

(v) A penalty for confirmation by the appropriate officer in respect of the charges found to have been proved.
1.17 The Disciplinary Tribunal shall serve a copy of the Disciplinary Report on the member of the academic staff (the officer in charge of the proceedings) and on the Principal.
Penalties

1.18 If the Disciplinary Tribunal find the charge or charges to have been proved against the member of academic staff, it shall have the power to give an absolute remission or to deal with matters in accordance with Statute XXIII Section 17 of the Statutes of the University. If the Tribunal finds no charges proved against the member of the academic staff, or awards an absolute remission, no record of the hearing is to be kept in any file or record relating to the member of the academic staff.


Evidence

1.19 The Disciplinary Tribunal shall cause a substantial note to be taken in writing of (or alternatively, a complete tape recording from which a transcript can be produced)


(a) All evidence and arguments presented to it by the member of the academic staff and any witnesses not previously in written form, and

(b) All procedural or other interim decisions.


Arrangements for the note shall be made in accordance with Statute VIII Section 2.
Notices

1.20 Because it is the responsibility of members of staff to notify the Personnel Office of their current address and any change thereof, where any notice required by these Ordinances is sent to a member of academic staff is sent by registered or first class recorded delivery post to the address of the member of the academic staff as registered with the Personnel Office, it shall be presumed to have been received by the member of the academic staff two days after being sent.


17 Staff Discipline

The Disciplinary Tribunal

1.1 There shall be a Disciplinary Tribunal (constituted in accordance with Statute XXIII Section 16 of the Statutes of the University) after the Chairman of Court has consulted with the Principal on the question of who should be appointed under the provisions of Statute XXIII Section 16. The duty of the Disciplinary Tribunal shall be to implement a proper hearing of charges brought under Statute XXIII Section 15 of the Statutes of the University in accordance with the provisions of Statutes XXIII Section 17 of the Statutes of the University.


1.2 The Disciplinary Tribunal shall discharge its duty by conducting itself in such a way, subject to the specific provisions of these Ordinances, that a proper inquiry is made into each and every claim brought under Statute XXIII Section 15 of the Statutes of the University, taking into account all relevant and proper rules of natural justice, so that a proper conclusion may be reached.
1.3 Once a member of the Disciplinary Tribunal is involved in an inquiry into an alleged breach of a disciplinary rule, he or she may (unless disabled for medical reasons) continue to complete the inquiry even though his or her nomination period by Court or Senate may have ended or even though he or she may no longer be a member of University.
1.4 The quorum for any meeting of the Disciplinary Tribunal must be all the persons mentioned in Statute XXIII Section 16 of the Statutes of the University.
1.5 All members of the Disciplinary Tribunal taking a decision under this Ordinance must have been present at each and every earlier meeting of the Disciplinary Tribunal at which charges alleged against the member of academic staff have been under consideration.
Start of the Hearing

1.6 After receipt of the papers to which reference is made in Statute XXIII Section 15 (4)(a) of the Statutes of the University, the Disciplinary Tribunal may meet to consider how the charges may best be investigated and dealt with at the hearing. The Disciplinary Tribunal shall appoint a Secretary to the Tribunal (who shall not be a member of the Tribunal) and fix a provisional timetable for such matters as have to be dealt with prior to any oral hearing in a reasonable and expeditious manner, with the object of making sure that the oral hearing of the charges takes place as quickly as is possible and reasonable. The Disciplinary Tribunal may fix time limits for any step which needs to be taken before the oral hearing and the consequences of not complying with such time limits.


A copy of all statements and details provided to the Disciplinary Tribunal by the officer in charge of the proceedings shall be copied and sent to the member of the academic staff, the subject of the charges, at least 14 complete days before any oral hearing starts, together with copies of all other written, photographic or other evidence which can be copied, together with a list of witnesses on whose oral evidence the officer in charge intends to rely and who have been notified to the Disciplinary Tribunal.
1.7 The Disciplinary Tribunal shall notify the member of academic staff that he or she shall attend an oral hearing on a date and at a time and at a place to be specified by the Disciplinary Tribunal at which the member of the academic staff shall be entitled to be present, with or without witnesses, and with or without one friend, whether legally qualified or not ("a friend"). The date of the hearing shall be not less than 14 complete days from the sending of notification by the Disciplinary Tribunal to the member of academic staff. At the hearing, the member of academic staff and/or a friend may speak and ask questions of any person called to give evidence to the Disciplinary Tribunal about the charges ("the evidence").
1.8 The Disciplinary Tribunal at any oral hearing heard in accordance with the provisions of 1.7 shall allow the member of academic staff (and/or a friend) and the officer in charge of the proceedings, in the presence of each other, to ask questions of witnesses and to speak to the charges and on the evidence in any general or particular way. It shall be for the Tribunal at its absolute discretion to decide on matters of relevancy and to support its decision with reasons if a request to do so is reasonably made.
1.9 The member of academic staff will have the right to be assisted by a friend and the member of the academic staff and/or the friend will have the right to speak before the Disciplinary Tribunal during the oral hearing and, in the event of any findings against the member of the academic staff, in mitigation after the findings have been announced.
1.10 The arrangements for the manner of exercising any rights of speaking and asking questions provided for in these paragraphs shall be at the discretion of the Disciplinary Tribunal, save that the member of the academic staff and/or a friend shall have the right to address the Disciplinary Tribunal on the charge or charges last.
1.11 The Disciplinary Tribunal shall have power:

(i) To ask questions of all witnesses (including the member of the academic staff) and

(ii) To examine any written, photographic, electronic or other form of record belonging to the University at any time, provided that the member of the academic staff and the officer in charge of the proceedings shall be told what has been examined and have an opportunity to make examination themselves.
1.12 The Disciplinary Tribunal may at its own absolute discretion adjourn matters related to its inquiry and may proceed in the absence of the member of the academic staff who fails to attend a meeting of the Disciplinary Tribunal, having received proper notice of the date, time and place of the meeting, unless the member of the academic staff has made a prior written request for a postponement of the oral hearing for reasons which have been stated in the request and which are considered satisfactory by the Disciplinary Tribunal.
1.13 The Disciplinary Tribunal may at its own absolute discretion adjourn matters related to its inquiry and may proceed in the absence of a witness or witnesses who fail to attend a meeting of the Disciplinary Tribunal if the Tribunal concludes that the interests of natural justice would not be undermined by proceeding in the absence of the witness or witnesses.
1.14 The Disciplinary Tribunal may dismiss any charge or charges at its absolute discretion on application by or on behalf of the member of the academic staff if the officer in charge of the proceedings has not dealt with the charge or charges in a way which the Disciplinary Tribunal considers to be reasonable.
1.15 The Disciplinary Tribunal may at its absolute discretion, at any time prior to the conclusion of the oral hearing, remit the charge or charges for the Vice Chancellor for further consideration by him or her or for the correction of errors.


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