FEDERAL COLLEGE OF COMPLEMENTARY AND ALTERNATIVE MEDICINE (ESTABLISHMENT) ACT, 2021
Section 25: Removal and discipline of academic, administrative and technical staff.
(1) If it appears to the Council that there are reasons for believing that any person employed as a member of the academic, administrative or technical staff of the College (other than the Registrar or Provost), should be removed from his office or employment on the ground of misconduct or of inability to perform the functions of his office or employment, the Council shall-
(a) give notice of those reasons to the person in question;
(b) afford him an opportunity of making representations in person on the matter to the Council; and
(c) where he or any three members of the Council so request within the period of one month beginning with the date of the notice, make arrangements for-
(i) a joint committee of the Council and Academic Board to investigate the matter and to report on it to the Council, and
(ii) the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee with respect to the matter, and if the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Council may so remove him by an instrument in writing signed on the directives of the Council.
(2) The Provost may, in a case of misconduct by a member of the staff, which in the opinion of the Provost is prejudicial to the interests of the College, suspend such member, and such suspension shall immediately be reported to the Council.
(3) For good cause, any member of staff may be suspended from his duties or his appointment may be terminated by the Council, and for the purpose of this subsection "good cause" means-
(a) conviction for any offence which the Council considers to be such as to render the person concerned unfit for the performance of the functions of his office;
(b) any physical or mental incapacity which the Council after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; or
(d) conduct, which the Council considers to be such as to constitute failure or inability of the person concerned to perform the functions of his office or to comply with the terms and conditions of his service.
(4) Any person suspended under subsection (2) or (3) shall be on half pay and the Council shall before the expiration of a period of three months after the date of such suspension consider the case against that person and come to a decision as whether to-
(a) continue such person's suspension, and if so, on what terms including the proportion of emoluments to be paid to him;
(b) reinstate such person in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
(c) terminate the appointment of the person concerned, in which case such a person will not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine.
(5) Where the Council decides to continue a person's suspension, and take further disciplinary action against the person under this section, the Council shall, before the expiration of a period of the three months from such decision, come to a final determination in respect of the case concerning any such person except that the three-month rule will not hold if the person's suspension is interrupted by a court injunction for whatever reason.
(6) The person by whom an instrument of removal is signed under subsection (1) shall use his best endeavours to cause a copy of the instrument to be served immediately on the person to whom it relates.
(7) Nothing under this section shall-
(a) apply to any directive given by the Visitor in consequence of any visitation; or
(b) prevent the Council from making regulations for the discipline of other categories of staff and workers of the College as may be prescribed.
Cite this section
Section 25, FEDERAL COLLEGE OF COMPLEMENTARY AND ALTERNATIVE MEDICINE (ESTABLISHMENT) ACT, 2021 (2021).
https://repo.podus.ai/laws/federal-college-of-complementary-and-alternative-medicine-establishment-act-2021/section/25/