Section 17: Removal and discipline of academic, administrative and technical staff.

1 If it appears to the Council that there are reasons to believe that a person employed as a member of the academic, administrative or technical staff of the Polytechnic, other than the Rector, should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall-
a give notice of those reasons to the person in question;
b afford him an opportunity to make representations in person on the matter to the Council; and
c where the person or any three members of the Council so request within a period of one month beginning with the date of the notice, make arrangements for-
(i) a joint committee of the Council and the Academic Board to investigate the matter where it relates to an academic staff and to report on it to the Council,
(ii) a committee of the Council to investigate the matter where it relates to any other member of staff of the Polytechnic and to report on it to the Council, and
(iii) the person in question to be afforded an opportunity to appear before and be 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 remove him by an instrument in writing signed on the directions of the Council.


2 The Rector may, in a case of misconduct by a member of staff which, in the opinion of the Rector, is prejudicial to the interest of the Polytechnic, suspend such member, and the suspension shall immediately be reported to the Council.

3 For good cause, any member of staff may be suspended from office or his appointment may be terminated by the Council, and for the purpose of this subsection, "good cause" means-
a any physical or mental incapacity which the Council, after obtaining medical advice, 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 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 placed on half pay and the Council shall, before the expiration of the period of three months after the date of the suspension, consider the case against that person and come to a decision whether to-
a continue such person's suspension and, if so, on what terms including the proportion of his 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 reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
d take such lesser disciplinary action against the person, including the restoration of such proportion of his emoluments that might have been withheld, as the Council may determine.

5 Where the Council, pursuant to this section, decides to continue a person's suspension or decides to take further disciplinary action against a person, the Council shall, before the expiration of three months from such decision, come to a final determination in respect of the case concerning that person.

6 It is the duty of the person by whom an instrument of removal is signed under subsection (1) to use his best endeavours to cause a copy of the instrument to be served as soon as practicable on the person to whom it relates.

7 Nothing in this section shall prevent the Council from making such regulations for the discipline of other categories of staff and employees of the Polytechnic as it may deem fit.