Bye-Laws

I : MEETING OF THE GOVERNING BODY AND COLLEGE OFFICES
Standing Orders for Governing Body Meetings
1. Scheduled meetings of the Governing Body will normally be held in 0th, 4th and 8thweek of each term.
2. The agenda for any meeting of the Governing Body (except for an emergency meetingsummoned in accordance with clause 3(1) of Statute I) shall be circulated by the Secretary of the Governing Body together with any relevant papers to members not less than two clear working days before the date of the meeting.
3. Except for making, amending or rescinding Byelaws (Statute I.1 (3)), appointing aVisitor (Statute II:4) or appointing a Principal (Statute III:3), there shall be a general quorum of seven persons for meetings of the Governing Body.
4. Minutes of all meetings shall be kept by the Secretary of the Governing Body, and shall be circulated to all members of the Governing Body within two weeks of the meeting.
5. Student members entitled to attend the Governing Body meeting under clause 12 below are similarly entitled to be circulated with the minutes and agenda excluding reserved items as defined in clause 9 below.
6. Generally no Governing Body shall exceed two hours in duration from the scheduled start of the meeting. No contested business may be begun more than two hours after the scheduled start of the meeting.
7. Only agenda items may be voted upon at a Governing Body Meeting, except as indicated in byelaw 8(v) below.
8. (i) The agenda for meetings of Governing Body will be compiled by the Chair for that meeting together with the Secretary.
(ii) Regular items on the agenda shall include reports from any Committee of the Governing Body that has met since the previous Governing Body Meeting.
(iii) Any member wishing to raise an agenda item (including matters arising from the minutes and proposals coming forward from sub-committees) must submit his/her proposal to the Secretary of the Governing Body by 12 noon five days before the Governing Body is due to meet together with the necessary background information to allow other members to consider the information before the meeting.
(iv) Student members may also submit agenda items for open business in accordance with paragraph (iii) above.
(v) Exceptionally the chair of any meeting of the Governing Body may allow an item where due to an unforeseen circumstance the appropriate notice has not been given. Normally such items will be received for the purpose of information only.
(vi) The Chair for any meeting of the Governing Body or its committees may cancel a meeting if no items for the agenda have been received.
9. Items may be treated as reserved business where they relate to either (i) an individual or (ii) sensitive information.
10. (i) Any motion, and any amendment, rider, or addendum to a motion, must be proposed and seconded.
(ii) An amendment to an amendment must be proposed and seconded, and if passed, shall be incorporated in the original amendment. The amendment thus amended shall be voted upon and if passed shall be incorporated in the original motion. Finally the motion as amended shall be put to the vote.
(iii) After ten minutes, if the motion “that the question be now put” is moved and seconded a vote upon it must be taken without further discussion. If it is carried the Governing Body must vote immediately upon the particular motion or amendment before it; if it is lost the debate continues and the same closure motion may not be put again for fifteen minutes.
(iv) If the motion “that the Governing Body proceed to next business” is moved and seconded a vote must be taken without further discussion, and if it is carried the debate on the previous item of business must cease and no vote may be taken on any motion, amendment etc., connected with it.
11. Any proposal to suspend Standing Orders for the duration of a meeting must be proposed and seconded and carried by a two-thirds majority of those present.
12. In addition to the members of Governing Body the following are allowed to attend meetings of the Governing Body:
(i) Two representative members of the JCR, comprising the President and/or his/her nominee.
(ii) One representative member of the MCR, comprising the President or his/her nominee.
(iii) Any person with the agreement of a simple majority of the Governing Body.
13. All Governing Body papers are confidential to members of the Governing Body. College Offices
14. The College Offices of Vice-Principal, Senior Tutor, Tutor for Graduates, Dean, Dean of Degrees, Secretary of the Governing Body, and Steward of the Senior Common Room will be held for a maximum period of three years unless the Governing Body decides on a different period at appointment or during term of office. College Officers may stand for re-election to any post.
II: ADMINISTRATION & FINANCE
1. It is the responsibility of the Governing Body to set policy and make major decisions. The Day to day running of the College is the responsibility of its officers in consultation with the Principal.
2. All expenditure on behalf of the College must be authorised by the Bursar or Principal.
III : GENERAL RULES OF CONDUCT
1. General Behaviour. All members of college shall behave in a reasonable and responsible manner, with consideration for other members of the college. They should refrain from any conduct likely to disrupt the academic, administrative or domestic functions of the college, or which may bring the college into disrepute.
2. College Property. No member of college shall damage or deface any property of the college, or occupy the same other than in accordance with its proper purpose.
3. Freedom of Speech. Every member of the college shall comply with the provisions of the Code of Practice on Freedom of Speech set out in the Proctors’ and Assessor’s Memorandum.
4. Harassment. Every member of the college shall comply with the provisions of the Code of Practice on Harassment set out in the Proctors’ and Assessor’s Memorandum.
5. Offensive Weapons. No member of the college shall keep any firearm, ammunition or other offensive weapon in college, or in college-controlled accommodation.
6. Drugs. The possession, use or sale, by any member of College of any drugs prohibited by English law is strictly forbidden.
7. Additional Regulations. Every member of college shall comply with the provisions of the Student Regulations, Disciplinary and Complaints Procedures, and with any additional regulations and procedures laid down in the College Handbook.
IV : DISCIPLINE OF JUNIOR MEMBERS
1. The discipline of Junior Members shall follow the procedures stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
2. In cases of minor breaches of the College regulations, the Junior Dean shall have power to impose sanctions, including a fine of up to the amount stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
3. The Dean shall have the authority to impose a fine of up to the amount stipulated in the Student Regulations, Disciplinary and Complaints Procedures. Any higher amount shall require authorisation by the Governing Body.
4. The Dean and/or Junior Dean may temporarily ban students or any of their guests from the college or any part of the college if the Dean or Junior Dean considers this is necessary for the maintenance of order, ensuring the safety or security of the college or any person on the college premises. The Dean shall have power to send a student(s) out of residence (or ban the student(s) from any part of the college premises) for up to eight weeks of full-term. A student may appeal to the Principal in cases where a decision has been made to send a student out of residence. Any decision to ban a student from part of the college or to send a student out of residence for a limited period shall be reported to Governing Body under reserved business.
5. Where the Dean considers that an incident is sufficiently serious (considering the nature of the allegations and how far they can be substantiated; the number of incidents involved and the probable range of sanction) he/she may recommend that the Principal set up a Disciplinary Committee to investigate the breach of college regulations, to impose sanctions and to report to the Governing Body. The Disciplinary Committee shall have such powers as are defined in the Student Regulations, Disciplinary and Complaints Procedures.
6. Any student may appeal to the Dean against any sanction imposed by the Junior Dean who may, at his/her discretion refer the matter to the Disciplinary Committee.
7. The Disciplinary Committee shall operate in accordance with the provisions of the Student Regulations, Disciplinary and Complaints Procedures.
8. A student has a right to appeal in cases where the Disciplinary Committee or Governing Body has made a decision to send down, rusticate, or send out of residence and may be allowed an appeal in other cases at the discretion of the Principal. The procedure for appeals shall be as stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
V : DISCIPLINE OF NON-ACADEMIC STAFF
1. The College shall operate a three-stage disciplinary procedure with respect to nonacademic staff. This disciplinary procedure shall be carried out by the Principal, Bursar or Housekeeper. At each stage of the disciplinary process the member of staff shall be afforded a full oral hearing, and may be accompanied by anyone of his/her choice, without restriction on that choice. All warnings shall be removed from the record of employment upon the expiry of twelve months from the date of the last warning.
(i) Stage one: oral warning. Where the employee’s work or conduct is unsatisfactory, an oral warning shall be given to the employee and recorded on the employment record. It should be made clear to the employee that this is the first formal stage of disciplinary proceedings.
(ii) Stage two: first written warning. If after the oral warning the employee persists in the conduct about which the oral warning was given, a warning shall be given in writing and recorded on the record of employment.
(iii) Stage three: second written warning. If after the first written warning the employee persists in the same conduct, a second warning shall be given in writing, clearly stating the penalty which would be imposed should the conduct continue. The warning shall be recorded on the record of employment.
2. Dismissal or suspension shall not be entertained until the employee has received the warnings described above, except in the case of gross misconduct.
3. No member of the non-academic staff shall be dismissed or suspended except by the Governing Body; except that the Principal or Bursar shall have the power to immediately dismiss or suspend anyone for gross misconduct, subject to his/her seeking and obtaining ratification from the Governing Body within a month.
4. Any member of the non-academic staff whose conduct is to be considered by the Governing Body shall be notified in writing of the nature and details of the misconduct alleged against him/her. Accompanied by anyone of his/her choice, without restriction on that choice, he/she shall be entitled to speak on his/her own behalf before, and/or make a written submission to, the Governing Body, and shall be notified in writing at least seventy-two hours in advance of the date and time of that meeting of the committee at which he/she is entitled to appear and the written submission if any, to be considered.
5. The following are disciplinary offences to which all employees are subject. In addition, employees may commit disciplinary offences by breaching terms of their particular employment. Offences (a) to (h) may amount to misconduct.
(a) unauthorised removal of College property, that is without the permission of a senior member of staff and the knowledge of the habitual user;
(b) financial dishonesty;
(c) assault upon a member of staff, a student or a visitor to the College;
(d) being under the influence of alcohol;
(e) gross indecency;
(f) absence from work without an acceptable reason for more than five working days;
(g) harassment or misconduct within the College precincts;
(h) deliberate damage to College property;
(i) smoking where food is prepared and served, in the College libraries, and in designated no-smoking areas;
(j) failure to comply with the College’s health and safety and food hygiene policies, in particular with respect to taking proper safety measures, wearing protective clothing provided, reporting defects, and recording accidents in the accident book in the bursary;
(k) inadequate performance of the employee’s duties or refusal to obey proper instructions of a superior;
(l) unsatisfactory appearance or abusive language or behaviour;
(m) unpunctuality.
VI : ACADEMIC ARRRANGEMENTS AND DISCIPLINE
1. All student admissions to the College must endorsed by the Governing Body under Statute X.3.
2. All requests for intercalation shall be handled in accordance with the provisions of Student Regulations, Disciplinary and Complaints Procedures.
3. All junior members must satisfy the Governing Body of their industry and progress in accordance with the academic expectations set out in the Student Regulations, Disciplinary and Complaints Procedures. Serious or persistent failure to do so will trigger the academic disciplinary procedures set out in the Student Regulations, Disciplinary and Complaints Procedures.
4. The Governing Body must be informed if it is intended that a student is to be set a penal collection or issued with a formal warning of the possibility of a suspension on grounds of academic failure or wilful incompetence.
5. Except in cases where University Regulations require a student to discontinue no student may be sent down on academic grounds other than in accordance with the provisions of the Student Regulations, Disciplinary and Complaints Procedures. In such cases where a student cannot continue because of University Regulations it shall be a matter of report.
6. The award of College prizes and scholarships must be approved by the Governing Body on the recommendation of the Senior Tutor.
7. Any candidate for a degree shall send in his/her name to the Dean of Degrees for submission to the University not later than ten days before the ceremony and shall settle any outstanding debts to the college not later than three days before the ceremony.
VII : THE SENIOR COMMON ROOM
1. The Members of the Senior Common Room shall be: (i) The Principal and (ii) The fellows of the College who are members of the Governing Body.
2. Associate Members shall be
i. Those accorded annual and renewable membership by ballot of the members.
ii All other fellows of the College who are not members of the Governing Body.
3. Visiting Members shall be elected by the members to temporary membership, up to, but not exceeding the duration of one academic year.
4. Steward. There shall be a steward of the Senior Common Room who shall be responsible for the general amenity of the Common Room and who shall summon and preside at Common Room meetings. The Steward shall be appointed by the Governing Body. The Steward shall retain a register of membership and ensure that meetings are minuted.
5. S.C.R. Room. The room historically used as the S.C.R. shall not be permanently annexed for any other purpose, nor shall the furniture and the pictures belonging to that room be relocated elsewhere without the prior approval of the steward.
6. Subscription. Members of the S.C.R. shall be required to pay an annual subscription.
VIII : THE COLLEGE HARDSHIP FUND
1. The Hardship Fund shall be administered on behalf of the Governing Body by the Academic Administrator, who will have total discretion over the use of monies given for the Hardship Fund or provided by the Governing Body for the Fund. The Academic Administrator may make grants or loans from the income of the Fund, or loans from the capital of the Fund to students in need.
IX : THE HONORARY GOVERNORS
1. All those who are governors of the College on the date the Royal Charter is granted shall be invited to become Honorary Governors of the College.
X : THE OLD STUDENTS ASSOCIATION
1. The College shall make provision each year for a reunion of the Ministerial Old Students’ Association.
2. The College shall subsidise this reunion to assist ministerial alumni to attend who otherwise would not be able to afford to do so.
XI : INVESTMENT COMMITTEE
1. Purpose
The Investment Committee, on behalf of the Governing Body and in accordance with Clause 3 of Statute VIII, shall (i), formulate an Investment Policy with respect to the Endowment Funds of Harris Manchester College which shall be submitted to and subject to the approval of the Governing Body; (ii), review the Investment Policy at least once a year with any revised investment policy being submitted to and subject to the approval of the Governing Body; (iii), enact the Investment Policy; and (iv), secure adequate experienced advice in respect of such responsibilities either from the members of the Investment Committee or from external parties.
2. Composition
The Investment Committee will comprise the Principal, the Bursar, a member of the academic staff, a person from outside the Governing Body, and not less than two other persons whether or not being members of the Governing Body, who, on the basis of their experience, the Investment Committee believes will be helpful in the discharge of its responsibilities, provided that all such appointments, excepting those who are members by virtue of their office, shall be for such term as may be approved by the Governing Body.
3. Powers and Authority
The Investment Committee on behalf of the Governing Body shall exercise the powers of the Governing Body under Clause 2 of Statute VIII to enact the Investment Policy. All decisions of the Investment Committee shall require a majority in favour of the proposal of at least two thirds of all the members of the Investment Committee.
XII: ELECTION OF PRINCIPAL
1. At the first or second Stated Meeting of the Governing Body in the Trinity Term two years before that in which the office of Principal will become vacant under the provisions of Statute
III.2 or III.11, the Governing Body shall fix the date of a Special Meeting to be held not later than Saturday of eighth week of the same Trinity Term.
2. If the Governing Body is informed at any Stated Meeting of the intention of the Principal to resign the Governing Body shall at that meeting or as soon afterwards as is practicable fix the date of the Special Meeting.
3. If a vacancy occurs in the office of Principal otherwise than provided in clause 1 or 2 above the Senior Member of the Governing Body in residence (as defined by Statute IV.10) shall summon a Special Meeting to be held within 14 days of the occurrence, or so soon afterwards as is practicable, provided that if the vacancy shall occur in the month of July August or September the Special Meeting may be fixed for a day not later than the tenth day of October.
4. The outgoing Principal shall not attend the Special Meeting or any other meeting of the Governing Body or of any committee of the Governing Body convened for the purpose of selecting his/her successor, and shall not take part in any other aspect of the selection process.
5. The only business on the Agenda of the Special Meeting shall be the appointment of a Principal under Statute III.2-4 and matters directly relating to or arising from it.
6. The Special Meeting shall first establish who is to be the Presiding Fellow for the purposes of electing a new Principal. The duties of the Presiding Fellow shall be to summon and chair all Special Meetings of Governing Body and of any committee of the Governing Body relating to the selection of the new Principal. The Presiding Fellow shall be either:
(i) The Senior Fellow in residence as defined in Statute IV.10; or
(ii) In the event that the Senior Fellow in residence as stipulated in (i) above is either a candidate for the office of Principal or is otherwise unable or unwilling to act as Presiding Fellow, the Presiding Fellow shall be the next most senior Fellow who is able and willing to act in that capacity.
7. The Special Meeting shall establish a timetable for appointing a Principal including
(i) the drawing up of a job specification;
(ii) the placing of advertisements;
(iii) the closing date for applications;
(iv) the date of an initial meeting to discuss candidates;
(v) visits by candidates;
The Special Meeting shall also establish the procedure to be followed, including, if desired, the setting up of a Search Committee to carry out some part of the work, save that any job description for the new Principal must be agreed by a Special Meeting of the Governing Body as a whole and that all members of the Governing Body should be given a reasonable opportunity to meet the candidates prior to the holding of any election. Any Search Committee shall comprise the Presiding Fellow (as Chair) and at least two other members of the Governing Body.
8. The Special Meeting shall be adjourned from time to time as may be necessary, and at an adjourned meeting not later than the eighth week of the third complete Term following the date of the first meeting voting shall take place on the candidates who have been formally proposed and seconded. At least four weeks’ notice of this meeting shall be given to all Fellows.
9. The method of election shall be by secret ballot using the following voting system – On the day appointed the Governing Body shall meet in the College. The voting shall be by secret ballot. The votes shall be given in writing to the two Senior Fellows present, and that person in whose favour an absolute majority of the Governing Body shall have voted shall be
declared elected. If no person voted for has such an absolute majority, the voting shall be repeated until some person obtains an absolute majority; except that where the votes of the
electors are divided equally between two persons the meeting shall thereupon be adjourned; and if at the resumed meeting the votes are again so divided, the Presiding Fellow shall have a casting vote.
10. The meeting may be adjourned from time to time by a vote of the majority of those present and voting. Where such a meeting is adjourned for more than forty-eight hours, at least twenty-four hours’ notice of the resumption of such adjourned meeting shall be sent to every member of the Governing Body entitled to be present at such meeting. If after twelve months from the date that the office of Principal falls vacant no person obtains an absolute majority of the Governing Body, the Vice-Principal shall inform the Visitor that such is the case and the Visitor shall appoint a Principal forthwith.
11. At any time during this election process a motion may be proposed and seconded to the effect that the candidate receiving the fewest votes in the next round of the ballot shall be eliminated from all subsequent rounds. The motion may be passed by a simple majority and in the event of a tie the Chair of the meeting shall have a casting vote.
12. On the determination of the successful candidate under the voting procedure, a Motion shall be put from the Chair that this candidate shall be elected as Principal. This Motion shall
be deemed to be passed if supported by a simple majority of those present and voting in a secret ballot. That candidate will then have been elected to the office of Principal.
13. If there is no successful candidate under the voting procedure, or if the Motion to elect the candidate who is the successful candidate under the voting procedure is not passed by a simple majority, the Meeting shall be immediately adjourned. It shall reconvene in not less than forty-eight hours, and the process of voting shall be repeated.
14. If a Motion under 12 above is not passed at the adjourned Meeting, the election process will be deemed to have failed and Governing Body will immediately determine a timetable for the consideration of further candidates.
15. If no election has been made within 12 months of the office falling vacant the appointment of a Principal shall lapse to the Visitor in accordance with Statute III.4.