1. The Members of the University
I. The following persons shall be members of the University:-
- The Chancellor of European-American University.
- The Chancellor of the Western Orthodox University.
- The President of Western Orthodox University Ltd. (Commonwealth of Dominica), if not the same person as the Chancellor of the Western Orthodox University.
- All members of the Western Orthodox University who are nominated for the purpose by the Chancellor.
- The Pro-Chancellor
- The Vice-Chancellor
- The Pro-Vice-Chancellors
- The Treasurer
- The Secretary to the Senate
- The Members of the Senate.
- The Fellows.
- The Members of the Academic Executive Council (Council).
- The Professors, Readers and Teaching Officers.
- The Registered Graduates.
- The Students.
- Any other employee or member of the academic or non-academic staffs of the University not referred to above.
- Such other officers or former officers and such other persons as shall by decision of the Senate be granted the status of members.
II. Membership of the University shall continue so long only as one at least of the qualifications above enumerated shall continue to be held by the individual member.
2. Formation of the Senate
III. The Senate has been created and its powers authorised by the University’s Royal Charter.
3. The Appointment, Powers, Duties and Conditions of Service of the Officers of the University
IV. The Executive Council shall govern the terms and conditions of service and shall appoint the successors to the Chancellor, Pro-Chancellor, Vice-Chancellor, Treasurer, Secretary, Deputy Vice-Chancellor and Pro-Vice-Chancellors.
V. The Executive Council may act to fill any vacancy in the senior appointments of the University, including combining or otherwise distributing the duties allocated to each officer.
VI. The Senate, on the recommendation of the Chancellor, shall appoint the Professors, Readers and Fellows who shall hold office for such period and upon such conditions as to reappointment or otherwise as shall from time to time be prescribed by the constitution of the Fellowship as approved by the Senate.
VII. The Senate may, from time to time, appoint such officers with teaching or research duties as may be required for the service of the University.
VIII. The Senate may, from time to time, appoint such other officers (whether paid or unpaid), as may be deemed necessary for the efficient functioning of the University.
IX. Save as otherwise provided in the Royal Charter and these Statutes, the powers, duties, remuneration and terms and conditions of office of each officer of the University shall be such as the Senate shall deem fit.
X. Unless otherwise provided in his or her conditions of appointment, an officer of the University may resign in writing addressed to the Senate.
4. The Chancellor and the Pro-Chancellor
XI. The Chancellor shall have a general responsibility to the Executive Council and the Senate for maintaining and promoting the effective working and good order of the University, and shall be the academic and administrative head of the University. The Chancellor shall have the power to act in all matters in the name of the University and of its Senate and Council motu proprio. The Pro-Chancellor shall be the deputy to the Chancellor and shall normally be the Secretary to the Court and the Senate of the University unless those duties have been separated from the position by decision of Executive Council.
5. The Court
XII. The Court shall consist of the following persons, namely:-
Class I : Members who are Officers of the University
(a) The Chancellor
(b) The Pro-Chancellor.
(c) Any or all other members of the Court.
Class II : Additional Members
(a) Such other persons as may be co-opted by the Court.
XIII. Except as otherwise by the Royal Charter provided and subject to these Statutes the Court may determine all matters relating to the nomination and appointment of members of the Court and their respective periods or terms of office and all other matters relating to the constitution of the Court.
XIV. Any casual vacancy occurring by resignation, incapacity or death among the appointed members shall be filled by the persons which appointed the member whose place has become vacant, and the person appointed to a casual vacancy shall hold office for the residue of the term for which the representative in whose place he or she is appointed was a member.
XV. Members retiring by effluxion of time may be re-nominated or re-appointed.
XVI. Any member of the Court, other than a member in class I, may resign by writing addressed to the Secretary of the Court.
XVII. The Court shall hold such General Meetings as are deemed necessary. These meetings may be held using secure online discussion forums, or by face-to-face meeting, teleconference, videoconference or email as appropriate, and notice of the day and hour of the meeting shall be sent to every member of the Court at least four weeks before the date of the meeting.
XVIII. The Court shall have power to discuss any matters relating to the University and to convey its opinion thereon to the Chancellor for action.
XIX. A Special Meeting of the Court may be convened at any time. Notice of any Special Meeting stating generally the nature of the business to be transacted shall be sent to each member of the Court and no such meeting shall be competent to transact any other business than that mentioned in the notice or directly arising therefrom.
6. The Senate
XX. The Senate shall consist of the following persons, namely:-
Class I : Members who are Officers of the University
(a) The Chancellor
(b) The Pro-Chancellor.
(c) Any or all other members of the Senate.
Class II : Additional Members
(a) Such other persons as may be co-opted by the Senate.
XXI. Except as otherwise by the Royal Charter provided and subject to these Statutes the Senate may determine all matters relating to the nomination and appointment of members of the Senate and their respective periods or terms of office and all other matters relating to the constitution of the Senate.
XXII. Any casual vacancy occurring by resignation, incapacity or death among the appointed members shall be filled by the persons which appointed the member whose place has become vacant, and the person appointed to a casual vacancy shall hold office for the residue of the term for which the representative in whose place he or she is appointed was a member.
XXIII. Members retiring by effluxion of time may be re-nominated or re-appointed.
XXIV. Any member of the Senate, other than a member in class I, may resign by writing addressed to the Secretary of the Senate.
XXV. The Senate shall hold such General Meetings as are deemed necessary. These meetings may be held using secure online discussion forums, or by face-to-face meeting, teleconference, videoconference or email as appropriate, and notice of the day and hour of the meeting shall be sent to every member of the Senate at least four weeks before the date of the meeting.
XXVI. The Senate shall have power to discuss any matters relating to the academic life of the University and to convey its opinion thereon to the Chancellor for action.
XXVII. A Special Meeting of the Senate may be convened at any time. Notice of any Special Meeting stating generally the nature of the business to be transacted shall be sent to each member of the Senate and no such meeting shall be competent to transact any other business than that mentioned in the notice or directly arising therefrom.
7. The Powers of the Court
XXVIII. The Court shall have all such powers as are necessary for the discharge of its functions as they are defined in these Statutes, including the following:-
(a) To govern, manage and regulate the finances, accounts, investments, property, business and all affairs whatsoever of the University and for that purpose to appoint bankers and any other officers or agents whom it may seem expedient; to make arrangements for the financial accounting and auditing of the University.
(b) To invest any moneys belonging to the University in such stocks, funds, fully paid shares or securities as shall from time to time be thought fit or in the purchase of freehold or leasehold hereditaments including rents; provided that the powers conferred by this paragraph shall be exercised subject to the provisions of applicable law relating to trustees.
(c) To sell, buy, exchange, lease and accept leases of real and personal property on behalf of the University.
(d) To provide for any buildings, premises, furniture and equipment and other means required for carrying on the work of the University.
(e) To borrow money on behalf of the University and for that purpose to mortgage or charge all or any part of the property of the University whether real or personal unless the conditions of any Will, Deed or Gift or other similar instrument are thereby contravened and to give such other security whether upon real or personal property or otherwise as the Senate may think fit.
(f) To enter into, vary, carry out and cancel contracts on behalf of the University.
(g) To make provision for schemes of insurance, superannuation, pensions or retirement benefits for all salaried officers and, so far as the Senate shall think fit, for persons formerly in the employment of the University or their dependants or relatives.
(h) To determine the duties and conditions of all employees. In the case of academic staff, this determination shall be made after taking the advice of the Senate into consideration.
8. The Powers of the Senate
XXIX. The Senate shall have all such powers as are necessary for the discharge of its functions as they are defined in these Statutes, including the following:-
(a) To admit or refuse admission to persons in respect of any programme of study in the University.
(b) To exclude any student, permanently or for a stated time, from the University, or from attendance at any programme or from entry to any examination or other form of assessment.
(c) To admit a student to a degree, diploma or other qualification of the University after examination, assessment, ad eundem gradum, ex officio, de jure, jure dignitatis or after such other academic process as is acceptable to the Senate.
(d) To confer honorary degrees and honorary professorships of the University upon persons adjudged deserving of such distinctions by the Senate.
(e) For what is adjudged by the Senate to be good cause, to deprive persons of degrees, diplomas, honorary degrees, honorary professorships and other qualifications of the University.
(f) To recognise such examinations and periods of study at such universities and places of learning as the Senate may approve as equivalent to such examinations and periods of study in the University as the Senate may determine.
9. The Academic Council (Council)
XXX. Membership of the Council
The Council shall consist of the following persons:
(a) Ex Officio Members
(b) Appointed Members
A representative from each institution designated an International Representative of the University, being responsible for the conduct of an institution, usually with one or more campuses, that teaches for awards validated by the University either solely or jointly with another award provider.
Such persons as may be appointed by the Senate from the academic and administrative staffs of the University, or from among those persons appointed as agents or representatives of the University for the furtherance of its aims.
(c) Co-opted Members
Such other persons as may be co-opted by the Council. These persons may include members of the student body.
XXXI. Periods of Office of Members of the Council
(a) Ex Officio Members of Council
Members of the Council ex officio remain members for so long as they hold the relevant office.
(b) Appointed Members
(i) Persons appointed by the Senate.
Persons appointed by the Senate shall hold office from the date of the meeting of the Senate at which they were appointed until the third annual meeting thereafter, and shall be eligible for reappointment.
(c) Co-opted Members
Persons co-opted by the Council shall hold office for such period not exceeding three years as may be determined by the Council and shall be eligible for re-appointment.
XXXII. Casual vacancies shall be filled by the relevant appointing body or person for such period, not exceeding the normal period of appointment as may be determined by the appointing body or person.
XXXIII. Any member of the Council, not being an ex officio member, may resign in writing addressed to the Council.
10. The Powers of the Academic Council
XXXIV. The Council shall be responsible for the academic work, consistent with the aims set out in the Royal Charter of the University, and shall, subject to the powers reserved to the Senate by these Statutes, take such measures and act in such a manner as shall appear to it best calculated to promote the academic work of the University both in teaching and research, and for the regulation and superintendence of the education and discipline of the students of the University. The Council shall, subject to the Royal Charter and these Statutes, in addition to all other powers vested in it, have the following powers:-
(a) To regulate and control, after considering any views of members of the faculties, all teaching, courses of study and the conditions qualifying for admission to the various titles, degrees and other awards offered by the University.
(b) To regulate and control all teaching, courses of study, assessments and conditions qualifying for admission to the various titles, degrees and other awards offered by the University as validated awards, such regulation and control to be exercised in conjunction with other bodies in respect of validated awards upon such terms and conditions as may be required by the University.
(c) To regulate the arrangements for admission of persons to courses of study and their continuance thereon, subject to the powers reserved to the Senate to admit or refuse to admit students to the University.
(d) To make recommendations to the Senate on the establishment of such faculties, departments, colleges and equivalent bodies as may be required.
(e) To regulate all University examinations and assessments and to advise the Senate on the appointment of examiners, both internal and external, in respect of all programmes of study, as mentioned in (a) or (b) above.
(f) To direct, regulate and promote research within the University and to require reports from time to time on such research.
(g) To review proposed major alterations to the duties and conditions of service of members of the academic staff and to advise the Senate accordingly.
(h) To comment to the Senate on the allocation of resources for teaching and research.
(i) To advise the Senate on the long-term development of the University, including any capital and estate proposals.
(j) To advise the Senate on the welfare of the students of the University.
(k) To regulate the discipline of the students of the University.
(l) To make recommendations or to express an opinion to the Senate on any matter of interest to the University and its affairs.
(m) To provide for the welfare of the students of the University after taking into consideration any recommendations or reports by the Senate.
(n) To co-opt members of the Council.
(o) To grant, following a recommendation by the Senate, the title of Emeritus Professor or other academic distinction to a person having given service to the University.
11. The Schools
XXXV. There shall be such Schools as the Council on the recommendation of the Senate may from time to time determine.
XXXVI. The constitution, powers, duties and membership of the Schools shall be such as the Senate may determine.
12. The Departments
XXXVII. There shall be such Departments, containing as members such officers of the University, as the Council on the recommendation of the Senate may from time to time determine.
XXXVIII. Each Department shall establish, in a manner to be approved by the Senate, an adequate method of consultation between its members and students taking coursework in the Department.
XXXIX. Each Department shall have a Head, to be chosen in a manner to be approved and for a period to be determined by the Senate.
XL. The Senate, the Council and the Schools may from time to time appoint, subject to the provisions of the later sections of this Statute, such and so many standing, special and advisory committees or joint committees as may seem to them fit and may place on them persons who are not members of the Appointing Bodies. The duties and powers of such committees shall be such as the Appointing Bodies shall from time to time direct and may be revoked, altered or enlarged as the Appointing Bodies see fit.
XLI. The constitution and procedure of any joint Committee of the Senate and the Council shall be prescribed by the Senate with the concurrence of the Council.
XLII. The Chancellor and the Pro-Chancellor shall be ex officio members of every Committee of the Senate and of the Council except where the Chancellor or the Pro-Chancellor deem it in the University’s interests for them to withdraw from membership.
XLIII. A Dean shall be an ex officio member of every committee of that Deanery. The Head of a School shall be an ex officio member of every committee of the School.
XLIV. The appointing Body or Bodies may make Instruments or Regulations for the proceedings of a Committee but subject thereto every Committee may regulate its own procedure, times and places of meeting.
14. Removal From Office
XLV. Any member of the University appointed to an office by the Senate may be removed for good cause by the Senate.
XLVI. A person removed by the Senate may appeal against that decision by invoking the procedures in Statute 1.15.
XLVII. “Good cause” in the Statute means:-
(a) conviction for an offence which may be deemed by the Senate, as the case may be, to be such as to render the person convicted unfit for the execution of the duties of the office; or
(b) conduct of a disgraceful nature incompatible with the duties of the office; or
(c) conduct constituting failure or persistent refusal or neglect or inability or stated unwillingness to perform the duties or comply with the conditions of office whether such failure results from physical or mental incapacity or otherwise.
15. Grievance Procedures for Members of Staff
Purpose of Statute 1.15
XLVIII. The aim of this Part is to settle or redress individual grievances promptly, fairly and so far as may be, within the school, department or other relevant area by methods acceptable to all parties.
XLIX. The grievances to which this Part applies are ones by members of staff concerning their appointments or employment where those grievances relate:-
(a) to matters affecting themselves as individuals; or
(b) to matters affecting their personal dealings or relationships with other staff of the University.
Procedures not involving the Grievance Committee
L.(1) If other remedies within the school, department or other relevant area have been exhausted the member of the staff may raise the matter with the Head of the school, department or other relevant area.
L.(2) If the member of staff is dissatisfied with the result of an approach under sub-paragraph (1) or if the grievance directly concerns the Head of the school, department or other relevant area, or if the member of staff is directly responsible to the Chancellor, the member may apply in writing to the Chancellor for redress of the grievance.
L.(3) If it appears to the Chancellor that the matter has already been finally determined or that the grievance is trivial or invalid, he or she may dismiss it summarily, or take no action upon it. If it so appears to the Chancellor he or she shall inform the member accordingly.
If the Chancellor does not reject the complaint under sub-paragraph (3) he or she shall decide whether it would be appropriate, having regard to the interests of justice and fairness, for him to seek to dispose of it informally. If he so decides he shall notify the member and proceed accordingly.
Grievance Committee Procedure
LI. If the grievance has not been disposed of informally, the Chancellor shall refer the matter to the Grievance Committee for consideration.
LII. The Grievance Committee to be appointed by the Senate shall comprise:-
(a) a Chairperson, usually the Chancellor or the Pro-Chancellor; and
(b) one member of the Senate not being a person employed by the University; and
(c) one member of the academic staff nominated by the Senate.
Procedure in connection with determinations; and right to representation
The procedure in connection with the consideration and determination of grievances shall be determined in such a way as to ensure that the aggrieved person and any person against whom the grievance lies shall have the right to be heard at a hearing and to be accompanied by a friend or representative. Such hearing shall take place at a place of the University’s choosing. The aggrieved person may be required to meet reasonable costs and expenses in relation to such a hearing.
Notification of decisions
LIII. The Committee shall inform the Senate whether the grievance is or is not well-found and if it is well-found the Committee shall make such proposals for the redress of the grievance as it sees fit.
16. Appeals by Students
LIV(1). A student who in accordance with Regulation 1.8.XXIX(b) has been excluded, permanently or for a stated time, from the University, or from attendance at any course or from entry to any examination, may appeal to the Chancellor, who shall hear his or her case, or nominate the Pro-Chancellor or another member of the Senate who has not previously been concerned with the exclusion to hear his or her case. The decision of the person hearing the appeal shall be final.
LIV(2) The University shall inform every student so excluded by writing addressed to his or her last known address or by email, and therein to call his or her attention to his or her right of appeal and to the time within which it is exercisable: and the student shall, if he or she wishes to exercise this right, do so within seven days of being so informed by the University.
17. Acts during Vacancies
LV. No act or resolution of the Executive Council, the Senate, the Academic Council, or of any Committee or School constituted in accordance with these Statutes shall be invalid by reason only of any vacancy in the body doing or passing it or by reason of any want of qualification by or invalidity in the election or appointment of any de facto Member of the body whether present or absent.
18. Interpretation of Regulations
LVI. These Statutes shall be interpreted in such manner as not to conflict with the Royal Charter.