Section 20: Removal and discipline of academic administrative and technical staff

(1) Where there is a reason to believe that a person employed as a member of the academic, administrative or technical staff of the College, 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 the reason 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 commencing from the date of the notice, make arrangements -
(i) if he is an academic staff, for a joint committee of the Council and the Academic Board described in the Schedule to this Act as Senior Staff Disciplinary Committee and the Junior Staff Disciplinary Committee in the case of Senior and Junior Staff respectively to investigate the matter and to report on it to the Council, or [Schedule]
(ii) for a committee of the Council to investigate the matter where, it relates to any other member of the staff of the College and to report on it to the Council; and
(iii) for 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 where the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed as aforesaid, the Council may so 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 the staff which in the opinion of the Rector, based on an investigation report, is prejudicial to the interest of the College, suspend such member for not more than three months and the suspension shall 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.
(4) For the purpose of subsection (3), ’’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 discharge of the functions of his office;
(b) any physical or mental incapacity which the Council, alter 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 disgraceful nature which the Council considers to be capable of rendering 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 discharge the functions of his office or to comply with the terms and conditions of his service.
(5) 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 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 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) terminate the appointment of the person in question, 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 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, and in any case where the Council, under 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 a period of three months from such decision come to a final determination in respect of the case concerning such person.
(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 as soon as reasonably practicable on the person against whom it relates.
(7) Nothing in the provisions of this section shall prevent the Council from making such regulations for the appointment, condition and scheme of service, and discipline of other categories of staff and workers of the College as it may deem fit.
(8) Any person aggrieved by the decision may within a period of 15 days from the date of receipt of the letter communicating Council decision, address an appeal to Council to reconsider its decision based on cogent reasons and the Council shall consider the appeal and communicate its decision within 45 days of receipt of the appeal.