# The Central Sussex College (Government) Regulations 2005, Paragraph 12: Dismissal of senior staff and the Special Committee


(1) Subject to paragraphs (12) to (15), if the Chair, or in his absence the Vice-Chair, or a majority of the members consider that it may be appropriate for the Corporation to dismiss the holder of a senior post, then the Chair, Vice-Chair or Corporation as appropriate, shall refer the matter to a Special Committee of the Corporation, which shall be convened as soon as possible to examine and determine the case for dismissal.
(2) The Special Committee shall consist of at least three members of the Corporation, but the Chair, Vice-Chair, Principal and staff and student members shall not be eligible for membership of it.
(3) The Special Committee shall hold its first meeting within seven days of being convened.
(4) The person whose proposed dismissal is to be considered and determined by the Special Committee shall be entitled to receive from that committee a written statement of the alleged conduct, characteristics or other circumstances which led to his being considered for dismissal and he shall be afforded a reasonable opportunity to consider his response to it.
(5) When sending the statement at paragraph (4), the Special Committee shall invite the senior post-holder to attend a meeting with that committee and no disciplinary action, except suspension, shall be taken against him until that meeting has taken place.
(6) The senior post-holder shall have the right to make representations at the meeting referred to at paragraph (5), including oral representations, for which purpose he may be accompanied and represented by a friend.
(7) After taking any representations into account, the Special Committee shall, take such action as it considers appropriate, which may include dismissal, and communicate its decision to the senior post-holder concerned, notifying him of his right to appeal against it.
(8) The senior post-holder shall have the right to appeal to the Corporation against the decision of the Special Committee and must do so in writing within fourteen days of receipt of that decision.
(9) Where an appeal is made under paragraph (8), the senior post-holder must be invited to a meeting of the Corporation at which he may make representations, including oral representations, and for the purpose of making oral representations he may be accompanied and represented by a friend.
(10) No members of the Special Committee to which a reference is made under paragraph (1) shall attend the meeting of the Corporation under paragraph (9).
(11) The Corporation shall consider the decision of the Special Committee and any representations of the senior post-holder and take such action as it considers appropriate and communicate its decision to the senior post-holder and to the Special Committee.
(12) The Chair, or in his absence the Vice-Chair, may dismiss the holder of a senior post with immediate effect, without any need for prior notice and without referral to the Special Committee, where the circumstances are such that he is entitled to do so by reason of the conduct of the senior post-holder and in such a case paragraphs (1) to (11) of this article shall not apply.
(13) Where a senior post-holder has been dismissed pursuant to paragraph (12), the Chair or Vice-Chair, as appropriate, shall provide him with a written statement of the alleged misconduct which has led to the dismissal and the reasons why they consider he was guilty of such misconduct and notifying him of his right to appeal to the Corporation against the dismissal.
(14) A senior post-holder may appeal in writing to the Corporation within fourteen days of receiving a written statement under paragraph (13) and the Corporation shall, as soon as reasonably practicable after receipt of notification of such an appeal, invite him to attend a meeting, at which he may make representations, including oral representations and may be accompanied and represented by a friend.
(15) The Corporation shall determine the appeal, having taken any representations into account, and shall notify the senior post-holder and the Special Committee of its decision.
(16) After consultation with senior post-holders, the Corporation shall make rules setting out procedures for—
(a) the conduct of the Special Committee;
(b) the dismissal of senior post-holders under paragraph (12); and
(c) the consideration of appeals under paragraph (14), including appropriate time limits where these are not already set out in this article.
(17) A failure by the Corporation or the Special Committee to take any action within a time limit set out in this article shall not relieve them of the duty to take that action.

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Source: https://www.legislation.gov.uk/uksi/2005/397/schedule/2/paragraph/12 (the official version)
Page: https://openlegislation.uk/central-sussex-college-government-regulations-2005/schedule-2/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.