Ordinance XLV

Procedure for the Dismissal and Removal from Office of the Vice Chancellor

(Version effective from 27 November 2014)

  1. This Ordinance sets out the applicable procedure for the Council determining that the Vice-Chancellor shall be dismissed and removed from office, for any reason.
  2. This Ordinance shall be construed to ensure that the Vice-Chancellor has freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themself in jeopardy of losing their job or privileges.
  3. The Chair of the Council may at any time request Council to consider the dismissal and removal from office of the Vice-Chancellor where
    1. the Chair him/herself considers that there are grounds for such dismissal and removal from office; or
    2. the Chair has received a written request from any member of Council seeking the dismissal and removal from office of the Vice-Chancellor and the Chair considers that it raises sufficient grounds for the matter to be referred to Council for decision.
  4. In any case where
    1. the Chair has received written request(s) seeking the dismissal and removal from office of the Vice-Chancellor from eight or more Council members; or
    2. the Remuneration Committee recommends the Vice-Chancellor's dismissal and removal from office on the grounds that the Vice-Chancellor has failed to meet performance related objectives set by the Remuneration Committee

      the Chair must refer the request to Council for decision.
  5. Where the Council is to be asked to consider the dismissal and removal from office of the Vice-Chancellor, the Chair of the Council shall notify the Vice-Chancellor of that fact not less than five working days in advance of the meeting.
  6. The Chair of Council may suspend the Vice-Chancellor from their duties and may exclude the Vice-Chancellor from the precincts of the University or any part thereof without loss of salary:
    1. where the Council is to be asked to consider the Vice-Chancellor's dismissal and removal from office; or
    2. at any other time where the Chair considers that this is appropriate.
  7. At any meeting of Council at which the dismissal and removal from office of the Vice-Chancellor is to be considered under this procedure, the Vice-Chancellor will be invited to attend and present to Council before a decision is made and may be accompanied by a representative. The Chair may request the Vice-Chancellor to absent him/herself from any part of that meeting.
  8. If the Council considers that it is necessary, before taking any decision on the proposed dismissal and removal from office of the Vice-Chancellor to investigate any matter or establish any facts, it may at its discretion appoint a member or members of the Council to carry out such investigation and make a written report to the Council.  It shall be for the member or members of Council so appointed to determine how any such investigation should be progressed, save that the Vice-Chancellor shall be afforded the opportunity to make written or oral representations (as the member or members of Council appointed consider appropriate) before reporting back to the Council.  Nothing in this paragraph shall oblige the Council to appoint a member or members of the Council to carry out any investigation before the Council determines whether the Vice-Chancellor shall be dismissed or removed from office.
  9. The Council may decide by a simple majority of those present to dismiss the Vice-Chancellor and remove him/her from office and whether such dismissal shall be a summary dismissal (i.e. without notice or payment in lieu of notice) or a dismissal on notice or (where provided for in the Vice-Chancellor’s contract of employment) with a payment in lieu of notice.  If the vote shall be equally divided for and against, the Chair shall have a second and casting vote.  The Council's decision shall be final.

 

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