StatuteS
Made for
Magdalen College
Oxford
As at 25 October 2010
StatuteS
Made for
Magdalen College
oxford
by the
University of Oxford
Commissioners
and by the College
Under the
Universities of Oxford and Cambridge Act, 1923
including all amendments
proposed by the College as at
25 October 2010
Magdalen College
STATUTES made for the College of St. Mary Magdalen, commonly
called Magdalen College, in the University of Oxford, by the Univer-
sity of Oxford Commissioners and by the College acting in pursuance
of the Universities of Oxford and Cambridge Act, 1923.
Preamble
St. Mary Magdalen College in the University of Oxford was founded
by William Waynflete, Bishop of Winchester, and sometime Lord
High Chancellor of England, under a Charter of King Henry VI,
dated the 13th October, 1457, and a deed of Foundation dated the
12th June, 1458, for objects set forth in the Preamble to the Founder’s
Statutes as follows:
In nomine sanctae ac individuae Trinitatis, Patris, et Filii, et Spiritus
Sancti, necnon beatissimae Mariae Virginis, gloriosae beatae Mariae Magdalenae,
Sancti Joannis Baptistae, beatissimorum Apostolorum Petri et Pauli, necnon gloriosi
Sancti Swythuni ac aliorum Sanctorum patronorum Ecclesiae nostrae cathedralis
Wintoniensis, omniumque Sanctorum Dei, nos Willelmus Waynflete, permissione
divina Wintoniensis Episcopus, de Summi rerum Opificis bonitate confisi, qui
vota cunctorum in eo fidentium cognoscit, dirigit, et disponit, de bonis quae nobis
in hac vita de suae plenitudinis gratia tribuit abundanter unum perpetuum Col-
legium paurperum et indigentium Scholarium, clericorum, in studio Universitatis
Oxoniae in diversis scientiis et facultatibus studere ac proficere debentium, Seynt
Maris Mawdelyn College in the Universite of Oxonford vulgariter nuncupatum,
ad laudem, gloriam, et honorem nominis Crucifixi, ac gloriosissimae Mariae matris
ejus, beatae Mariae Magdalenae, et omnium Sanctorum praemissorum, sustenta-
tionem et exaltationem fidei Christianae, Ecclesiae sanctae profectum, divini cultus
liberaliumque artium scientiarum et facultatum augmentum, auctoritate apostolica et
regia patentibus, super ordinationibus institutionibus ac fundationibus ipsius Collegii
confectis, plenius continetur.
Magdalen College
I, II
I. ConstItutIon
1. Composition. The College of St. Mary Magdalen in the University
of Oxford shall consist of a President and such Fellows as are pro-
vided in these Statutes.
2. Governing Body. The Governing Body shall consist of the President,
Official Fellows, Fellows by Special Election, Fellows by Examina-
tion and Professorial Fellows (as defined in Statute IV). References
in these Statutes to the President and Fellows shall be interpreted as
meaning the Governing Body. Subject to Statute II, meetings of the
Governing Body are described in these Statutes as General Meetings.
3. Objects. The objects of the College shall be:
(a) to further study, learning, education and research and to be a Col-
lege within the University of Oxford wherein men and women may
carry out advanced study and research (described in these Statutes as
learning and education);
(b) to provide for public worship through the provision, support and
maintenance of a Chapel and Choir;
(c) in so far as it is not incompatible with objects (a) and (b), the ad-
vancement of the arts, heritage, culture and science for the benefit
of the public.
II. PresIdent
1. Qualifications. The President shall be elected by the Fellows of the
College present at the time of election: the electors shall choose the
person who in their judgement is most fit to be President of the Col-
lege as a place of learning and education.
2. Vacancy in the office. (1) When a vacancy occurs in the office of Presi-
dent, the Vice-President if he is in Oxford and able to act, or if he is
1
Magdalen College
II
not, or if there is a vacancy in the office of Vice-President, then the
senior of the Fellows who is in Oxford and able to act, shall within
seven days of the vacancy becoming known to him cause a notice to
be affixed to the doors of the College Chapel declaring the vacancy
and the date on which it occurred, and shall also inform each Fellow
by notice given or sent as provided in Statute V.1.
(2) The election of a President shall be held on a day and at an hour
to be determined by the Fellows at a Stated General Meeting of the
College, being a day not less than seven days after the date of that
meeting and not more than twelve calendar months after the day on
which the vacancy occurred.
(3) After that Stated General Meeting and before midnight on the
same day the Fellow who presided thereat shall cause a notice to be
affixed to the doors of the College Chapel announcing the day and
hour so determined for the election, and shall also inform each Fel-
low who was absent from the meeting by notice given or sent as pro-
vided in Statute V.1.
3. Voting. On the day and at the hour appointed a General Meeting of
the Fellows for the election of a President shall be held in the College
Chapel, unless some other place shall have been appointed for that
purpose by the resolution fixing the day for the said meeting, in which
case the meeting shall be held at the place so appointed. The Vice-
President, or in his absence the senior Fellow present, shall preside at
the meeting, and the two seniors of the Fellows present, other than
the Vice-President or the Fellow presiding, shall act as scrutators and
receive the votes and on any voting the Fellows present and voting
other than the scrutators shall give their votes in writing to the scru-
tators who shall record in writing their own votes last. Each written
vote shall bear the voter’s name, and on the conclusion of any voting
the scrutators shall report the result thereof to the Vice-President or
other Fellow as the case may be presiding at the meeting, and the
person, if any, who on any voting shall have an absolute majority of
the votes given at that voting shall be declared elected.
2
Magdalen College
II
4. Second voting. If on the first voting no person has an absolute major-
ity of the votes given at that voting, then the names of all the persons
voted for and the number of votes given for each person shall be de-
clared; and there shall be a second voting, and persons may be voted
for thereat who may not have been voted for at the first voting.
5. Subsequent votings. If on the second voting no person has an absolute
majority of the votes given at that voting, then the names of all the
persons voted for and the number of votes given for each person at
each voting shall be declared, and there shall be a third voting and if
necessary subsequent votings, but no person shall be voted for at the
third or any subsequent voting who shall not have been voted for at
the first or second voting.
6. Withdrawal of candidates. If on the third or any subsequent voting
no person has an absolute majority of the votes given, then:
(a) any person who has no votes shall be withdrawn from the election;
and
(b) the person, if any, who has the least number of votes shall be
withdrawn from the election, or if two or more persons have the
same least number of votes or if all the persons voted for have the
same number of votes, then, and in either of such cases, the person
for whom the junior of all the Fellows voting for such persons shall
have voted shall be withdrawn; and
(c) there shall be another voting between the persons not withdrawn,
and save as mentioned in Clause 8 of this Statute this process shall
be repeated until an absolute majority of the votes given is obtained
by some person.
7. Eligibility of candidates. (1) Notwithstanding Clauses 5 and 6 of this
Statute, a majority of the Fellows present may declare that a person
be a candidate or remain a candidate and that person shall be a can-
didate in the next and, subject to Clause 6, subsequent votings.
3
Magdalen College
II
(2) For the purposes of this Statute a vote shall mean a vote given for
a candidate eligible under Clauses 5 to 7 of this Statute.
8. Provision for equal votes. If on the third or any subsequent voting two
persons only be voted for and have the same number of votes, then
the person for whom the junior of all the Fellows voting for either of
such two persons shall have voted shall be withdrawn, and the other
person voted for shall be declared elected.
9. Adjournment of meeting. The meeting for the election of a President
shall after the declaration of the result of each voting stand adjourned
for a period not greater than one hour nor less than half an hour, and
further may by resolution of a majority thereat be adjourned from
time to time within the period allowed for the election of a President,
whether allowed under Clauses 2 or 11 of this Statute or an extended
period under the provisions of Clause 12 of this Statute.
10. Date of election. (1) The election shall take effect from such date
as shall be specified by the General Meeting at which the election is
made.
(2) If the elected President, before taking office, dies or gives writ-
ten notice to the Vice-President of his intention not to take office as
President, the Fellows may elect another President on a day and at an
hour to be determined by them at another Stated General Meeting
of the College, being a day not less than seven days after the date of
that meeting, and the provisions of Clauses 3 to 9 of this Statute shall
apply accordingly.
11. Pre-election. (1) Subject to the provisions of this clause the Fellows
may pre-elect a President before a vacancy in the office of President
occurs.
(2) The Fellows may resolve to pre-elect a President at any Stated
General Meeting of the College held not more than two years before
the day on which the vacancy is expected to occur: provided that six
4
Magdalen College
II
days’ notice has been given by any Fellow of his intention to move a
resolution to that effect.
(3) The pre-election of a President shall be held on a day and at an
hour to be determined by the Fellows at a later Stated General Meet-
ing of the College, being a day not less than seven days after the date
of that meeting.
(4) After that later Stated General Meeting and before midnight on
the same day the Fellow who presided thereat shall cause a notice to
be affixed to the doors of the College Chapel announcing the day
and hour so determined for the pre-election, and shall also inform
each Fellow who was absent from the meeting by notice given or sent
as provided in Statute V.1.
(5) Clauses 3 to 9 of this Statute shall apply to the pre-election as they
apply to the election of a President.
(6) The President about to retire shall have no vote and shall take no
part in a pre-election.
(7) If at any time after the passing of a resolution under sub-clause
(2) above and before the day on which the vacancy was expected to
occur a vacancy occurs in the office of President then Clause 2 of this
Statute shall not apply but instead
(a) the provisions of sub-clauses (3) to (5) above shall apply if the pre-
election has not then taken place;
(b) whether or not the pre-election has then taken place the pre-elec-
tion shall be deemed to be an election for the purposes of Clause 13
of this Statute.
12. Power for Visitor to extend time and decide questions. The Visitor shall
have power from time to time on the request in writing of any three
or more Fellows to extend the period hereinbefore limited for the
5
Magdalen College
II
election or pre-election of a President (notwithstanding that it may
already have expired), and shall also have power upon the request
in writing of the Vice-President, whether he shall or shall not have
presided at the said meeting for the election, or of any other Fellow
who shall have presided at the said meeting, or of any three or more
Fellows, to decide conclusively any questions that may arise upon or
with respect to any such election or pre-election.
13. Notification of election and presentation of President to Visitor. (1) As soon
as may be after the election or pre-election one of the Fellows ap-
pointed for that purpose by the Fellows shall deliver to the Visitor a
letter under the College Seal announcing the result of the election.
(2) As soon as may be after the election or, in the case of a pre-elec-
tion, after the office of President falls vacant, the said Fellow, or if he
is unable to act another Fellow appointed by the Fellows, shall present
the President to the Visitor: and the President, in the presence of the
Visitor and such Fellow, shall make a declaration that he will faith-
fully perform the duties of his office, and observe the Statutes and
Bylaws of the College in force for the time being.
14. Declaration to Fellows. The Visitor shall deliver to the President a
notification in writing of such declaration having been made, and
the President shall on the earliest opportunity read such notification
to the Fellows of the College assembled in the College Chapel or
elsewhere. If the Visitor shall refuse or fail to deliver such notifica-
tion to the President, the President shall make the said declaration in
the presence of the Fellows of the College assembled in the College
Chapel or elsewhere.
15. Duties of President. The President shall superintend the manage-
ment of the property and domestic arrangements of the College, as
well as the admission, discipline, and instruction of its members, and
shall enforce the observance of the Statutes and Bylaws of the Col-
lege in force for the time being.
6
Magdalen College
II
16. Residence in College. The President shall be required to reside in
the College seven calendar months at least in each year, whereof six
weeks at least shall be in each term: provided that, when absent on
the business of the College, the President shall be deemed to be in
residence: and that in case of his sickness, or for any other cause
that shall appear to the majority of the Fellows present at a Stated
General Meeting to be sufficient, it shall be lawful for the Visitor to
dispense with the President’s residence for such a period as may seem
to him to be suitable to the circumstances of the case.
17. Stipend. The President shall receive such annual stipend as the
President and Fellows shall from time to time determine and shall
receive in addition such annual allowance (not exceeding a sum to
be determined from time to time by the President and Fellows) as he
shall certify in writing to have been required to meet the expenses of
entertainment and all other expenses of whatever nature incurred by
him by reason of his tenure of his office. He shall also have the use of
his lodgings within the College free of rent and charges for service.
The College shall undertake reasonable repairs and alterations of the
President’s lodgings.
18. Other offices and activities. (1) The President shall not hold any office
(other than that of Vice-Chancellor of Oxford University) or engage
in any activity either of which, whether or not combined with any
other office or activity, the President and Fellows shall deem to be
incompatible with the duties of the President.
(2) The President shall inform the President and Fellows of any office
or any activity either of which, whether or not combined with any
other office or activity, he considers to interfere substantially with his
duties.
19. Notice of intention to retire. If the President intends to retire from
his office he shall give formal notice of his intention at a General
Meeting.
7
Magdalen College
III
III. offICers
1. College officers. The Officers of the College shall be elected by the
President and Fellows, and shall be the Vice-President, the Dean of
Divinity, the Senior Tutor, the Senior and Junior Deans of Arts, the
Dean of Degrees, the Bursar or Bursars, the Librarian, and the Clerk
to the College. There may also be an Acting President. Upon being
admitted to their respective offices they shall make such declaration
as the President and Fellows shall from time to time by Bylaw ap-
point, to the effect that they will faithfully perform the duties of their
respective offices, and obey the Statutes and Bylaws of the College in
force for the time being.
2. Acting President. If the President is Vice-Chancellor of Oxford Uni-
versity, or if the President is suffering from an illness which is likely to
be prolonged or if the President has been granted dispensation from
duties or if there is a vacancy in the office of President, the President
and Fellows may elect a Fellow of the College as Acting President.
Notwithstanding Clause 3 of this Statute, the Acting President shall
act as President.
3. Vice-President. The Vice-President shall take precedence of all other
Fellows, and shall have power in the absence of the President or Act-
ing President or during a vacancy in the office of President, to do all
acts relating to the College which the President being present is, or
at any time shall be, enabled to perform. In the absence of the Vice-
President all powers belonging to him shall be vested in the Senior
Fellow in residence.
4. Dean of Divinity. It shall be the duty of the Dean of Divinity, who
shall always be a Fellow of the College in Priest’s Orders, to enforce
the observance of the Statutes and Bylaws of the College so far as
they relate to the members of the Choir and to the performance by
them of Divine Service in the College Chapel, and to take such part
in the instruction, whether religious, theological, or other, of the jun-
ior members of the College as the President and Fellows shall from
8
Magdalen College
III
time to time require.
5. Senior Tutor. Subject to the direction of the Tutorial Board, it shall
be the duty of the Senior Tutor to oversee the education of junior
members and the general academic organisation of the College.
6. Deans of Arts. It shall be the duty of the Senior and Junior Deans
of Arts to maintain discipline among and deal with issues relating to
the welfare of the junior members of the College.
7. Dean of Degrees. It shall be the duty of the Dean of Degrees to
present members of the College to the Vice-Chancellor for matricu-
lation, and to the Vice-Chancellor and Proctors for those degrees for
which candidates are presented by a College under any University
Statute or decree for the time being in force.
8. Bursar. The Bursar or Bursars shall be charged with the care of the
property of the College and its financial management.
9. Clerk to the College. It shall be the duty of the Clerk to the College to
act as Secretary to the Governing Body.
10. Librarian. It shall be the duty of the Librarian to ensure the devel-
opment, efficient organisation, smooth running and security of the
libraries and archives.
11. Stipends. In the execution of the powers and duties entrusted to
them, either by Clauses 4 to 10 of this Statute, or by any Bylaws of
the College, the several Officers of the College therein mentioned
shall be subject to the general authority and superintendence of the
President. All Officers of the College shall receive such stipends for
the performance of the duties of their respective offices as the Presi-
dent and Fellows shall from time to time determine.
12. Tenure. Subject to other Clauses of this Statute, the President and
Fellows may elect an Officer who is not a Fellow. If an Officer of the
9
Magdalen College
III, IV
College, being a Fellow, ceases to be a member of the Governing
Body, the holding of the office shall lapse unless the President and
Fellows shall (where the office may be held by a person who is not a
Fellow) resolve otherwise.
IV. fellows and fellowshIPs
Part I – General
1. Classes of Fellowships. The Fellowships in the College shall, subject
to the provisions of this Statute, include the following classes:
(a) Official Fellowships (stipendiary), tenable by Tutors or Officers of
the College.
(b) Fellowships by Special Election (stipendiary or non-stipendiary),
tenable by persons elected or re-elected under special conditions
hereinafter contained.
(c) Fellowships by Examination (stipendiary), to which persons may
be elected under conditions hereinafter contained.
(d) Professorial Fellowships (non-stipendiary), the tenure of which
is restricted to University Professors, University Readers, and hold-
ers of other University Offices which are declared by any University
Statute or Decree to qualify the holder for a Professorial Fellowship.
(e) Supernumerary Fellowships (non-stipendiary).
There may also be Honorary Fellowships, Waynflete Fellowships,
Emeritus Fellowships and Visiting Fellowships of the College.
2. Number of Stipendiary Fellowships. Subject to any special provisions
of this Statute, the President and Fellows shall not be bound either to
fill up any Stipendiary Fellowship by an election to the same class of
Fellowship, or to fill it up at all so long as the number of Stipendiary
10
Magdalen College
IV
Fellowships held in College is not reduced below twenty-five.
3. Transfer of Fellows to a different class. If any person holding a Fellow-
ship under the conditions applicable to one class of Fellowship shall
be elected to a Fellowship under the conditions applicable to another
class, he shall vacate the Fellowship previously held by him.
4. Grants to Fellows. (1) The President and Fellows may make grants
to Fellows to meet expenses which their teaching, study or research
may involve.
(2) The President and Fellows may establish schemes under which
such grants are paid.
5. Vacation of Fellowships. (1) No Fellowship shall be tenable with a
Headship or with a Fellowship (other than an Honorary Fellowship
or Emeritus Fellowship) in any other College or Private Hall within
the University.
(2) Every Stipendiary Fellow shall vacate his Fellowship on accepting
any office or engaging in any occupation either of which in the opin-
ion of the President and Fellows interferes with the proper discharge
of his duties to the College. Nothing in this sub-clause shall apply to
any member of the academic staff to whom Statute XIV applies.
6. Declaration by Fellows. Every Fellow shall on his admission as such
make a declaration in the presence of the President and Fellows to the
effect that he will be true and faithful to the College, that he will ob-
serve its Statutes and Bylaws in force for the time being, and that he will
endeavor to promote its interests as a place of learning and education.
7. Seniority of Fellows. The seniority which a Fellow shall hold in the
College shall be determined (subject to any resolution which the
President and Fellows may pass at the time of the election of any
particular Fellow) by the date and order of his election (or admission,
in the case of Professorial Fellows) but any Fellow who shall before,
11
Magdalen College
IV
or within four months after, the determination of his Fellowship be
again elected to a Fellowship, shall retain in respect thereof the same
seniority in the College that he held in respect of the first-mentioned
Fellowship.
8. Rooms in College and housing allowance. (1) Every stipendiary Fellow,
declaring that he intends to reside, shall be entitled to the use of
rooms in College (free of rent and charges for service), so long as he
continues to pernoctate during an aggregate period of not less than
eighteen weeks in the academic year. But if in any academic year
after that in which he begins residence he shall fail so to pernoctate,
he shall cease to retain his rooms unless the President and Fellows
determine otherwise.
(2) The President and Fellows may in their discretion make a housing
allowance to any Stipendiary Fellow who does not declare that he
intends to reside in College. Such allowance shall be over and above
any stipend, allowance, or other payment which he may receive. The
amount of such allowance shall not exceed in any case such sum as
may from time to time be reasonably equivalent to the value of the
use of rooms in College (free of rent and charges for service).
(3) The President and Fellows may at any time require any Fellow
holding the office of Acting President, Vice-President, Dean, Senior
Tutor, Bursar or Tutor to reside in College during such periods and
for such hours as may be deemed necessary for the discharge of his
official duties, and every Fellow so required to reside shall be entitled
to the use of rooms in College (free of rent and charges for service)
during the period of such residence. A Fellow so required to reside
shall not be eligible to receive a housing allowance.
(4) Save as aforesaid, no Fellow shall be entitled to the use of rooms,
but the President and Fellows may allow the use of rooms (free of
rent and charges for service) to any Fellow, Lecturer, or other person
engaged in the educational or other work of the College or of the
University.
12
Magdalen College
IV
9. Common College Dinner and Luncheon. (1) The President and Fellows
may allow such moderate sums of money as they may from time to
time determine for the provision of a Common College Dinner and
Luncheon, whether in the Hall or in some other public room of the
College.
(2) The President, any Honorary Fellow, and any Fellow whether
Stipendiary or Non-Stipendiary shall be entitled to partake of the
Common College Dinner and Luncheon free of cost; and also, if
the President and Fellows think fit, the Master of the College School
in Oxford, the Usher of the College School in Oxford, the College
Physician, and any Lecturer, Bursar, Chaplain, or Organist not being
a Fellow.
10. Deprivation. If any Fellow, including any Honorary, Waynflete,
Emeritus or Visiting Fellow, shall be alleged to be guilty of grave mis-
conduct, or contumaciously to disobey any of the Statutes or Bylaws
of the College in force for the time being, the Visitor may, upon a
petition approved by a majority of the votes of the President and
Fellows present at a General Meeting, and after due inquiry held, de-
prive him of his Fellowship provided that no Fellow who is a member
of the academic staff to whom Statute XIV applies shall be required
to vacate his Fellowship by virtue of this provision.
Part II – OffIcIal fellOwshIPs
11. Qualifications for election. (1) The President and Fellows may elect
any person to an Official Fellowship as Dean of Divinity, Senior Tu-
tor, Bursar, Librarian, or Tutor in the College.
(2) No person shall be elected to any Official Fellowship as Tutor or
Senior Tutor unless he shall have been recommended for election to
such Fellowship by the Tutorial Board.
(3) The resolution by which a person is elected to an Official Fellow-
ship may declare his Fellowship to be dependent upon the holding of
13
Magdalen College
IV
a specified Readership, University Lecturership or other office within
the University.
12. Tenure and re-election. (1) Subject to the provisions of this Statute
every Official Fellow shall be entitled to hold his Fellowship for such
period not exceeding seven years from the date of his election as the
President and Fellows may at the time of his election determine and
may at any time within one year before the expiration of the period
for which he was elected or last re-elected be re-elected for a further
period not exceeding seven years to be reckoned from the expiration
of the period for which he was elected or last re-elected as the case
may be.
(2) Before proceeding to the re-election of any person holding an Of-
ficial Fellowship as Tutor or Senior Tutor, the President and Fellows
shall require and receive a recommendation from the Tutorial Board.
13. Vacation of Official Fellowships. (1) Any Official Fellow who shall va-
cate the office in virtue of which he was elected to his Official Fellow-
ship shall thereupon vacate such Fellowship; but he may be re-elected
to an Official Fellowship in virtue of any other office qualifying him
for election under Clause 11 of this Statute.
(2) Any Official Fellow who shall vacate the Readership, University
Lecturership or other office within the University upon the holding
of which his Fellowship is declared to be dependent shall thereup-
on vacate such Fellowship; but he may be re-elected to an Official
Fellowship in virtue of any office qualifying him for election under
Clause 11 of this Statute.
Part III – fellOwshIPs by sPecIal electIOn
14. Qualifications for election. The President and Fellows may by resolu-
tion passed at a Stated General Meeting by the votes of not less than
two-thirds of those present and voting, elect to a Fellowship any per-
son who is included in either of the following classes:
14
Magdalen College
IV
(a) Readers, University Lecturers and other persons declared by the
University to be entitled to a College Fellowship;
(b) Persons whose attainments and distinction are in the judgement
of the President and Fellows such as to warrant their election to a
Fellowship and who shall undertake, as a condition of the tenure of
a Fellowship, to carry on study or research for the advancement of
learning in a specified subject, or to perform some special educa-
tional or other work within the College.
The resolution by which any person is elected to a Fellowship under
this clause shall specify the nature of his qualification for election,
and shall, if such person be elected in virtue of his inclusion in Class
(b), also specify the particular work which he undertakes to perform.
15. Tenure and re-election. Subject to the provisions of this Statute every
Fellow by Special Election shall be entitled to hold his Fellowship for
such period not exceeding seven years from the date of his election
as the President and Fellows may at the time of his election deter-
mine, and may at any time within one year before the expiration of
the period for which he was elected or last re-elected be re-elected in
the manner and under the conditions prescribed in Clause 14 of this
Statute for a further period not exceeding seven years to be reckoned
from the expiration of the period for which he was elected or last re-
elected as the case may be.
16. Stipendiary Fellowships. The President and Fellows may determine
that a Fellowship by Special Election shall be stipendiary. The stipend
shall be payable in respect of work done for the College and shall
be such sum as the President and Fellows may from time to time
determine. All other Fellowships by Special Election shall be non-
stipendiary.
17. Variation in specified work. The President and Fellows may at a Stat-
ed General Meeting by the votes of not less than two-thirds of those
present and voting at the request or with the consent of a Fellow
15
Magdalen College
IV
elected or re-elected under Clause 14(b) of this Statute vary the speci-
fied subject or work set forth in the resolution by which such Fellow
was elected or last re-elected.
18. Vacation of Fellowships by Special Election. (1) Any Fellow elected or
re-elected under Clause 14(a) of this Statute shall vacate his Fellow-
ship upon ceasing to hold the Readership, Lecturership, office, or
appointment in virtue of which he was so elected or re-elected, but
he may be re-elected to a Fellowship by Special Election in virtue of
any other qualification for election under Clause 14 of this Statute.
(2) Any Fellow elected or re-elected under Clause 14(b) of this Stat-
ute shall vacate his Fellowship if he shall cease to carry on the work
undertaken by him as a condition of the tenure of such Fellowship,
or if, being required by the President and Fellows to furnish evidence
that he is engaged in such work, he shall fail to furnish within four
months from the date of such requirement such evidence as shall be
satisfactory to them: provided that the President and Fellows may,
on the ground of sickness or for any reasonable cause approved by
them, grant to such Fellow a dispensation from the performance of
the obligation undertaken by him for a period not exceeding one year
provided that, subject to the provisions of Statute XIV.7(1), nothing
in this sub-clause shall apply to any member of the academic staff to
whom Statute XIV applies.
Part IV – fellOwshIPs by examInatIOn
19. At least one to be awarded every year. (1) Subject to the provisions of
this Statute at least one Fellowship shall be awarded in each academic
year after examination.
(2) The President and Fellows may determine that the examination
be in a specified subject or subjects or that a specified subject or sub-
jects be excluded from the examination.
20. Form of examination. The examination shall be conducted either by
16
Magdalen College
IV
means of written papers or by oral examination or by the considera-
tion of a thesis or theses whether previously published or not, or by
any combination of these methods, as the President and Fellows may
in each case determine.
21. Qualifications for election. The President and Fellows may stipulate
conditions as to eligibility.
22. Mode of election. The election to any such Fellowship shall be made
within thirty days from the conclusion of the examination and the
President and Fellows shall elect that candidate (being otherwise duly
qualified according to the Statutes in force for the time being) who
after the examination shall appear to them to be of the greatest merit
and most fit to be a Fellow of the College as a place of learning and
education.
23. Power to make no election. Notwithstanding the provisions of the
last preceding clause, whenever it shall appear to the President and
Fellows after the examination that there is no candidate of sufficient
merit, it shall be lawful for them to make no election.
24.
Leave of absence. The President and Fellows may in their discretion
grant leave of absence to a Fellow by Examination for any period
or periods not exceeding four years in the aggregate. Such leave of
absence shall not be counted as forming part of his tenure of his Fel-
lowship for the purposes of Clause 27 of this Statute.
25. Course of study or research. Every candidate for a Fellowship by
Examination shall be required to undertake to pursue a course of
advanced study or of research, such course to be approved by the
President and Fellows in each case of a person elected to a Fellow-
ship by Examination; and he shall vacate his Fellowship if he fails
to fulfil his undertaking to their satisfaction provided that, subject to
the provisions of Statute XIV.7(1), nothing in this clause relating to
the removal of a Tutor or Lecturer shall apply to any member of the
academic staff to whom Statute XIV applies.
17
Magdalen College
IV
26. Stipend. A Fellow by Examination shall receive such reasonable
stipend as the President and Fellows shall from time to time deter-
mine.
27. Tenure. Every Fellow by Examination shall be entitled to hold his
Fellowship for a period of three years and shall not be eligible for re-
election as a Fellow by Examination for a further period.
Part V – Other fellOwshIPs
28. Professorial Fellowships. The holders of any Professorships which
may from time to time be attached to the College under Clause 30 of
this Statute or allocated to the College by the University from time
to time shall, by virtue of their offices, be Professorial Fellows of the
College.
29. Admission of Professorial Fellows. Any person duly elected to a Pro-
fessorship or office to which a Fellowship has been permanently at-
tached under Clause 28 or Clause 30 of this Statute shall be deemed
to be thereby elected to the Non-Stipendiary Fellowship attached to
such Professorship.
30. Additional Professorial Fellowships. (1) The President and Fellows
may at any Stated General Meeting, upon fourteen days’ notice and
by the votes of not less than three-fourths of those present and vot-
ing, attach an additional Professorial Fellowship permanently to any
Professorship or Readership in the University of Oxford or to any
administrative or educational office within the University which is
declared by any University Statute or Decree to qualify the holder
for a Professorial Fellowship, or may elect to a Supernumerary Fel-
lowship the existing holder of any such Professorship, Readership, or
office.
(2) No such attachment or election shall become effective unless the
consent of the University has been obtained.
18
Magdalen College
IV
(3) In the event of such consent being obtained, the tenure of such
Fellowship shall begin as from the date of election.
31. Supernumerary Fellowships. (1) The President and Fellows may at
any Stated General Meeting, by the votes of not less than two-thirds
of those present and voting, elect to a Supernumerary Fellowship any
person who is included in either of the following classes:
(a) Readers, University Lecturers and other persons declared by the
University to be entitled to a College Fellowship.
(b) Persons whose attainments and distinction are in the judgement
of the President and Fellows such as to warrant their election to a
Fellowship and who shall undertake, as a condition of the tenure of
a Fellowship, to carry on study or research for the advancement of
learning in a specified subject, or to perform some special educa-
tional or other work within the College.
The resolution by which any person is elected to a Fellowship under
this clause shall specify the nature of his qualification for election,
and shall, if such person be elected in virtue of his inclusion in Class
(b), also specify the particular work which he undertakes to perform.
(2) The President and Fellows may at a Stated General Meeting by
the votes of not less than two-thirds of those present and voting at
the request or with the consent of a Fellow elected or re-elected un-
der sub-clause (1)(b) of this clause vary the specified subject or work
set forth in the resolution by which such Fellow was elected or last
re-elected.
(3) Subject to the provisions of sub-clause (4) of this clause every such
Fellow shall be entitled to hold his Fellowship for such period not ex-
ceeding seven years from the date of his election as the President and
Fellows may at the time of his election determine, and may at any
time within one year before the expiration of the period for which
he was elected or last re-elected be re-elected for a further period
19
Magdalen College
IV
not exceeding seven years to be reckoned from the expiration of the
period for which he was elected or last re-elected as the case may be.
(4) (a) Any Fellow elected or re-elected under sub-clause (1)(a) of this
clause shall vacate his Fellowship upon ceasing to hold the Reader-
ship, Lecturership, office, or appointment in virtue of which he was
so elected or re-elected, but he may be re-elected to a Supernumer-
ary Fellowship in virtue of any other qualification for election under
sub-clause (1) of this clause.
(b) Any Fellow elected or re-elected under sub-clause (1)(b) of this
clause shall vacate his Fellowship if he shall cease to carry on the
work undertaken by him as a condition of the tenure of such Fellow-
ship, or if, being required by the President and Fellows to furnish evi-
dence that he is engaged in such work, he shall fail to furnish within
four months from the date of such requirement such evidence as shall
be satisfactory to them: provided that the President and Fellows may,
on the ground of sickness or for any reasonable cause approved by
them, grant to such Fellow a dispensation from the performance of
the obligation undertaken by him for a period not exceeding one
year.
(5) Supernumerary Fellows shall not be entitled to vote on any occa-
sion as Fellows, nor to rooms in College, nor to receive any emolu-
ment whatever as Supernumerary Fellows, but shall be entitled to
enjoy such other privileges and advantages as the President and Fel-
lows shall by resolution from time to time determine.
32. Honorary Fellowships. (1) The President and Fellows may at any
Stated General Meeting by the votes of not less than three-fourths
of those present and voting elect distinguished persons to Honorary
Fellowships in the College.
(2) Honorary Fellows shall not be entitled to vote on any occasion
as Fellows, nor to rooms in College, nor to receive any emolument
whatever as Honorary Fellows, but shall be entitled to enjoy such
20
Magdalen College
IV
other privileges and advantages as the President and Fellows shall by
resolution from time to time determine.
(3) The President and Fellows may from time to time determine the
conditions of eligibility to and tenure of Honorary Fellowships, and
the mode of election thereto.
(4) References to Fellows or Fellowships in these Statutes shall not
include Honorary Fellows or Honorary Fellowships.
(5) The number of Honorary Fellowships in the College shall not at
any one time exceed thirty.
33. Waynflete Fellowships. (1) The President and Fellows may at any
Stated General Meeting by the votes of not less than two-thirds of
those present and voting elect persons who have conferred exception-
al benefits upon the College to Waynflete Fellowships in the College.
(2) Waynflete Fellows shall not be entitled to vote on any occasion
as Fellows, nor to rooms in College, nor to receive any emoluments
whatever as Waynflete Fellows, but shall be entitled to enjoy such
other privileges and advantages as the President and Fellows shall by
resolution from time to time determine.
(3) The President and Fellows may from time to time determine the
conditions of eligibility to and tenure of Waynflete Fellowships, and
the mode of election thereto.
(4) References to Fellows or Fellowships in these Statutes shall not
include Waynflete Fellows or Waynflete Fellowships.
(5) The number of Waynflete Fellowships in the College shall not at
any one time exceed twenty-four.
34. Emeritus Fellowships. (1) The President and Fellows may at any
Stated General Meeting elect to an Emeritus Fellowship any person
21
Magdalen College
IV
in one of the following classes:
(a) any person who has held a Fellowship in the College for a total
period or periods of not less than fifteen years;
(b) any person who has held a Fellowship in the College for a total
period or periods of not less than ten years, and has held a Professo-
rial Fellowship in the College;
(c) any person who has held a Fellowship in the College and has ren-
dered exceptional service to the College.
(2) Emeritus Fellows shall not be entitled to vote on any occasion as
Fellows, nor to rooms in College, nor to receive any emolument what-
ever as Emeritus Fellows, but shall be entitled to enjoy such other
privileges and advantages as the President and Fellows shall by reso-
lution from time to time determine.
(3) References to Fellows or Fellowships in these Statutes shall not
include Emeritus Fellows or Emeritus Fellowships.
35. Visiting Fellowships. (1) The President and Fellows may at any Stat-
ed General Meeting by the votes of not less than two-thirds of those
present and voting, elect to a Visiting Fellowship any person whose
presence would in their opinion be of advantage to the College as a
place of learning and education.
(2) Every such Visiting Fellow shall be entitled to hold his Fellowship
for such period not exceeding one year as the President and Fellows
may determine.
(3) Visiting Fellows may at the discretion of the President and Fel-
lows receive emoluments and payment of expenses, be permitted to
occupy rooms in College free of rent and charges for service, and be
permitted to partake of the Common College Dinner and Luncheon
free of cost during the period of their Fellowship.
22
Magdalen College
IV
(4) Visiting Fellows shall not be entitled to vote on any occasion as
Fellows.
(5) References to Fellows or Fellowships in these Statutes shall not
include Visiting Fellows or Visiting Fellowships.
36. Robert S. Campbell, Jr. Visiting Fellowships. (1) The President and Fel-
lows may at any Stated General Meeting by the votes of not less than
two-thirds of those present and voting, elect to a Robert S. Camp-
bell, Jr. Visiting Fellowship any person whose presence would in their
opinion be of advantage to the College as a place of learning and
education.
(2) Candidates for Robert S. Campbell, Jr. Visiting Fellowships shall
declare their intention to research or write on a legal or legally re-
lated topic (legally related topics shall be topics within Economics,
History, Politics and Economics). The President and Fellows may
stipulate further conditions as to eligibility.
(3) Every such Robert S. Campbell, Jr. Visiting Fellow shall be enti-
tled to hold his Fellowship for such a period not exceeding one year
as the President and Fellows may determine.
(4) Robert S. Campbell, Jr. Visiting Fellows may at the discretion of
the President and Fellows receive emoluments and payment of ex-
penses, be permitted to occupy rooms in College free of rent and
charges for service, and be permitted to partake of the Common
College Dinner and Luncheon free of cost during the period of their
Fellowship.
(5) Robert S. Campbell, Jr. Visiting Fellows shall not be entitled to
vote on any occasion as Fellows.
(6) Reference to Fellows or Fellowships in these Statutes shall not in-
clude Robert S. Campbell, Jr. Visiting Fellows or Robert S. Camp-
bell, Jr. Visiting Fellowships.
23
Magdalen College
IV, V
(7) References to Visiting Fellows and Visiting Fellowships in these
Statutes shall include Robert S. Campbell, Jr. Visiting Fellows and
Robert S. Campbell, Jr. Visiting Fellowships.
37. Payment to Fellows and contracts with Fellows. (1) Payments of stipends
and allowances may be made to Fellows in accordance with these
Statutes and the provisions of their contracts of employment.
(2) Fellows may receive remuneration from companies controlled by
the College, provided that all such payments constitute a fair reward
for work undertaken for such companies and are reported to the
President and Fellows in each year in which they are paid.
(3) Fellows may receive payment for work done for the benefit of the
College, in circumstances in which similar payments would be made
to persons who are not Fellows.
(4) The President and Fellows may stipulate when contracts may be
made with Fellows (including provision for payments, other than re-
muneration for work or services) and any requirements which must
be satisfied before such contracts can be made.
(5) This clause shall also apply to payments to the President and con-
tracts with the President.
V. meetIngs and theIr Powers
1. Meetings. (1) There shall be at least four Stated General Meetings
of the President and Fellows in each year on such days as the Presi-
dent and Fellows may from time to time appoint.
(2) The President at any time may, and upon a requisition presented
to him by any three Fellows shall, convene a General Meeting by
giving or sending six days’ notice to all Fellows, specifying the day on
which the said meeting is to be held, and the business to be transacted
thereat.
24
Magdalen College
V
(3) Notice to any Fellow shall be deemed sufficient if given in such
manner (inclusive of electronic means) as shall have been prescribed
by the President and Fellows.
(4) Any General Meeting may be adjourned by resolution of the
meeting to a day to be specified in the resolution.
2. Bylaws and resolutions. Subject to the provisions of the Statutes in
force for the time being, it shall be lawful for the President and Fel-
lows, by Bylaws or resolutions passed at a Stated General Meeting,
from time to time to make, alter, or revoke any regulations respecting
any matter connected with the College.
3. Amendment of Statutes. These Statutes shall be subject to alteration in
the manner provided by the Universities of Oxford and Cambridge
Act, 1923.
4. Voting at meetings. Except in any case in which the concurrence of a
specified proportion of the President and Fellows is by the Statutes of
the College in force for the time being made requisite, every matter
to be decided at any meeting of the President and Fellows shall be
determined by a majority of the votes of those present and voting.
Whenever the votes shall be equal the President shall have an addi-
tional casting vote.
5. Executive Committee. The President and Fellows may by the votes of
three-fourths of those present and voting at a Stated General Meet-
ing or at a General Meeting specially summoned for the purpose ap-
point an Executive Committee which shall hold office for not longer
than one year and delegate to it such powers as may seem expedient.
The members of such an Executive Committee shall be the Presi-
dent, the Vice-President, the Senior Tutor, the Senior Dean of Arts,
the Bursar or Bursars, and six other Fellows elected by a majority of
the votes of those present and voting. Among the members of the
Committee there shall be at least one Professorial Fellow.
25
Magdalen College
VI, VII
VI. waynflete leCturershIPs
1. Waynflete Lecturer. The President and Fellows may elect a person to
hold for not more than one year the office of Waynflete Lecturer, on
such conditions not inconsistent with this Statute as they shall from
time to time determine, provided that not more than one Waynflete
Lecturer shall hold office at any one time.
2. Duties. It shall be the duty of a Waynflete Lecturer to give a course
of lectures on a subject approved by the President and Fellows.
3. Stipend and privileges. A Waynflete Lecturer shall be entitled to such
stipend as the President and Fellows may from time to time deter-
mine, and may in addition at the discretion of the President and
Fellows be permitted to occupy furnished rooms in College free of
rent and charges for service and to partake of the Common College
Dinner and Luncheon free of cost during the whole or part of his
period of office.
VII. tutorIal board, tutors, and tuItIon fund
1. Composition of Tutorial Board. There shall be a Tutorial Board which
shall consist of the President, the Vice-President, the Dean of Divin-
ity, the Senior Tutor, the Senior and Junior Deans of Arts, any Bursar
who is a Fellow of the College, all Official Fellows, and not more than
two other persons, whether or not they are Fellows of the College, as
the President and Fellows may from time to time determine.
2. Duties of Tutorial Board. It shall be the duty of the Tutorial Board
to perform such functions as may be assigned to it by the Statutes
of the College in force for the time being, and to perform such ad-
ditional functions and to exercise (as need shall require) such further
powers as the President and Fellows may from time to time assign or
delegate to it by resolution or Bylaw in any matters relating to the
selection, appointment, and removal of Tutors and Lecturers, or to
the election of Demies, Scholars, and Exhibitioners, or to the admis-
26
Magdalen College
VII, VIII
sion, instruction, discipline, and removal of junior members of the
College provided that the appointment or removal of a Tutor or of
a Lecturer who is a member of the Tutorial Board shall in every case
be subject to confirmation by the President and Fellows. Nothing in
this clause shall affect the right of any Fellow of the College to appeal
to the Visitor, as provided in Statute XIII.5 provided that, subject to
the provisions of Statute XIV.7(1), nothing in this Clause relating to
the removal of a Tutor or Lecturer shall apply to any member of the
academic staff to whom Statute XIV applies.
3. Tuition Fund. For payment of the salaries of Tutors and Lecturers,
and for the defraying of other ordinary expenses connected with the
instruction of the junior members of the College there shall be a
budget to be called the Tuition Budget.
The Tuition Budget shall be administered by the Tutorial Board sub-
ject to the authority of the President and Fellows.
4. Provision of instruction. The President and Fellows shall provide
courses of instruction for the undergraduate members of the College
during at least twenty-four weeks in the academical year.
VIII. remuneratIon
1. Power to remunerate. Reasonable remuneration, including housing
allowance, may be paid to Stipendiary Fellows and Visiting Fellows
in respect of work and research undertaken for the College. Other
reasonable benefits, as authorised by these Statutes, may be provided
for Fellows.
2. Connected persons. Reasonable remuneration and benefits may be
paid or provided for persons connected with Fellows, in circumstanc-
es approved by the President and Fellows.
3. Remuneration Committee. There shall be a Remuneration Committee,
at least one member of which shall be a person who is not a Fellow
27
Magdalen College
VIII, IX
of the College. The Remuneration Committee shall make recom-
mendations to the President and Fellows regarding:
(a) remuneration payable to Fellows, including housing allowance; and
(b) benefits provided for Fellows and remuneration and benefits with-
in Clause 2 above.
4. Effect of recommendations. In considering the recommendations of
the Remuneration Committee, the President and Fellows shall take
into account the question whether the expenditure would comply
with the Policy Document established under Statute XVII(3).
5. Conflicts of interest. The President and Fellows shall maintain a code
on conflicts of interest. Subject to the provisions of that code, mem-
bers of the Governing Body may vote on issues arising under this
Statute notwithstanding that they may have a conflict of interest.
6. Joint Equity Schemes. (1) The President and Fellows may establish
joint equity schemes, whereby the College may purchase property
jointly with Fellows, employees and connected persons.
(2) Such schemes may contain provisions whereby the Fellow, em-
ployee or connected person may purchase the share of the College.
7. Application. This Statute, including Clause 3 but excluding Clause
6, applies to the President and to Honorary, Waynflete, Emeritus and
Visiting Fellows as it applies to Fellows.
IX. PensIons
1. Universities Superannuation Scheme. Any President or Stipendiary
Fellow and any person to whom Clause 4 of this Statute applies is
entitled to become a member of the Universities Superannuation
Scheme in respect of his total annual stipend as defined in Clause 2
of this Statute. The President and Fellows shall discharge the duties
28
Magdalen College
IX
and exercise the rights of a member Institution under that Scheme.
2. Definition of total annual stipend. For the purposes of this Statute the
total annual stipend of the President or of a Stipendiary Fellow shall
be taken in the case of the President to signify the stipend payable
to him under Statute II.17, and in the case of a Stipendiary Fellow
to include all emoluments paid to him by the College (including any
housing allowance paid) except the stipend of an office tenable from
year to year and any payments made under Statute IV.4.
3. Power to increase pensions. (1) If it appears to the President and Fel-
lows that the benefits applicable under this Statute are inadequate in
the case of any President, any Stipendiary Fellow or any person to
whom Clause 4 hereof applies they may subject to the provisions of
this clause make such additional provision for his benefit as they may
in their absolute discretion from time to time determine.
(2) No additional provision made for any person under this clause
shall exceed such a sum as will together with the benefits applicable
on his behalf under this Statute provide (a) an annuity equal to two-
thirds of his total annual stipend at the date when he ceases to be in
the service of the College and payable from that date until the date
of his death and (b) an annuity equal to one-half of his total annual
stipend at the date when he ceases to be in the service of the College
and payable from the date of his death until the date of the death of
his spouse or partner.
(3) Such additional provision shall be supplemental to and held on the
same trusts as the benefits applicable under this Statute or on such
of the said trusts as may be subsisting and capable of taking effect.
4. Provision for persons other than Fellows. If any person other than a Sti-
pendiary Fellow of the College is engaged by the President and Fellows
to perform religious, educational or administrative duties in the Col-
lege which the President and Fellows deem to be an employment in
a pensionable post the President and Fellows may determine that the
provisions of this Statute shall apply to that person.
29
Magdalen College
X, XI
X. demyshIPs, sCholarshIPs, and eXhIbItIons
1. Senior Demyships. There may be maintained within the College Sen-
ior Demyships.
2. Regulation of Senior Demyships. The President and Fellows may deter-
mine the number, qualifications, tenure and emoluments of Senior
Demies.
3. Other awards. There may be maintained within the College Junior
Demyships, Scholarships and Exhibitions.
4. Regulations of awards. Subject to the requirements of specific trusts
for named awards, the Tutorial Board may determine the number,
qualifications, tenure and emoluments of Junior Demies, Scholars
and Exhibitioners. The Tutorial Board shall elect Demies, Scholars
and Exhibitioners.
XI. ChaPel serVICes
1. Chaplains. There shall be one or more Chaplains to ensure the per-
formance during full term of choral services in the College Chapel
according to the use of the Church of England. Nothing shall pre-
vent a person from being at one and the same time a Fellow and
Chaplain of the College.
2. Duties of Chaplains. It shall be the duty of the Chaplains to perform
Divine Service in the College Chapel at such times and in such man-
ner as the President and Fellows shall from time to time appoint.
3. Stipend of Chaplains. The Chaplains shall receive such stipends as
the President and Fellows may from time to time determine. If a
Chaplain is also a Fellow of the College, his stipend as Chaplain shall
be additional to any stipend to which he may be entitled as Fellow.
4. Rooms in College. The President and Fellows may if they so think fit
30
Magdalen College
XI, XII
allow the use of rooms in College free of rent and charges for service
to any Chaplain.
5. Tenure of Chaplains. A Chaplain shall be appointed for such period
as the President and Fellows may determine and shall be eligible for
reappointment.
6. Deprivation of Chaplains. The President and Fellows may deprive of
his appointment any Chaplain who is guilty of grave immorality or
misconduct, or who has persisted in disobeying any of the Statutes or
Bylaws of the College in force for the time being.
7. Choir. (1) The Choir shall consist of not fewer than eight Clerks
and fourteen Choristers.
(2) Subject to sub-clause (1) of this clause the President and Fellows
may from time to time determine the number, duties, and stipends of
members of the Choir.
8. Organist and Informator Choristarum. (1) There shall be an Organist
and Informator Choristarum. Nothing shall prevent a person from
being at one and the same time a Fellow of the College and Organist
and Informator Choristarum.
(2) The Organist and Informator Choristarum shall receive such sti-
pend, if any, as the President and Fellows may from time to time
determine.
(3) The Organist and Informator Choristarum shall be appointed for
such period as the President and Fellows may determine and shall be
eligible for re-appointment.
XII. dIsPosal of reVenue
1. College contribution for University purposes. The application of the rev-
enues of the College under the provisions and to the purposes of
31
Magdalen College
XII, XIII
these Statutes shall be subject to any Statute or Statutes made for
the University under the powers of the Universities of Oxford and
Cambridge Act, 1923, for enabling or requiring the Colleges to make
contributions out of their revenues to University purposes and to the
payment of the charges imposed thereby.
XIII. VIsItor
1. The Visitor. The Bishop of Winchester for the time being shall al-
ways be the Visitor of the College.
2. Power to visit. It shall be lawful for the Visitor in person, or by his
Commissary or Commissaries duly appointed, once in ten years (or
oftener, if and when he shall deem it expedient for enforcing the due
observance of the Statutes in force for the time being to do so), with-
out any request or application by the College or any of its members,
to visit the College, and to exercise at such visitation all the powers
which are by law incident to the office of general Visitor of a College,
any Statute or usage of the College to the contrary notwithstanding.
It shall be lawful for the Visitor at any such visitation or, if he shall
think fit, at other times, to require the President and Fellows to an-
swer in writing touching any matter as to which the Visitor may deem
it expedient to inquire, for the purpose of satisfying himself whether
the Statutes in force for the time being are duly observed.
3. Power to direct suspension of Fellowships and Demyships and abatement of
charges. If at any time it shall be made to appear, to the satisfaction of
the Visitor, that owing to any cause the revenues of the College are, or
without the exercise of the powers hereby conferred would be likely
to become, insufficient to meet the charges created by these Statutes
and to defray the rest of its necessary or ordinary expenditure, it shall
be lawful for the Visitor, on a petition in writing presented to him by
order of the President and Fellows at a General Meeting, to direct
that any vacant Fellowship or Demyship shall, either permanently or
during any limited period, be kept vacant, or that the charges created
by the Statutes shall be rateably diminished, either permanently or
32
Magdalen College
XIII
for a limited period: provided that no such diminution shall be made
in any charges specifically imposed by these Statutes for University
purposes.
4. Power to declare true construction of Statutes. As often as any question
shall arise on which the President and Fellows shall be unable to
agree, depending wholly or in part on the construction of any of the
Statutes of the College, it shall be lawful for the President and Fel-
lows, or for the President, or for any three of the Fellows, to submit
the same to the Visitor, and it shall be lawful for the Visitor to declare
what is the true construction of such Statutes or Statute with refer-
ence to the case submitted to him.
5. Appeals to Visitor. It shall be lawful for the President, or for any
Fellow, if he shall conceive himself aggrieved by any act, resolution,
or decision of the President and Fellows, to appeal against such act,
resolution, decision, or sentence to the Visitor; and it shall be lawful
for the Visitor to adjudicate on such appeal, and to confirm or to an-
nul or to vary such act, resolution, decision, or sentence.
6. Power to annul Bylaws and resolutions. It shall be lawful for the Visitor,
either proprio motu or on the complaint of the President or of any
of the Fellows, to disallow or to annul any Bylaw or resolution of
the President and Fellows which shall in the Visitor’s judgement be
repugnant to any of the Statutes of the College in force for the time
being.
7. Power to validate irregularities. The Visitor shall have power at any
time at his discretion, on the application or request in writing of the
President and any ten of the Fellows, to make valid and confirm any-
thing done that might be done under the Statutes for the time being
of the College, but which, by reason of any irregularity or omission
or any other matter whatsoever preliminary thereto or connected
therewith, may be invalid or of doubtful validity, provided that in
the judgement of the Visitor such irregularity or omission or other
matter is not of substantial importance with reference to the thing
33
Magdalen College
XIII, XIV
proposed to be made valid or confirmed.
8. Provisions. In accordance with the provisions of the Education Re-
form Act 1988, nothing in these Statutes shall enable or require the
Visitor
(a) to hear any appeal or determine any dispute relating to a member
of the academic staff to whom Statute XIV applies which concerns
the member’s appointment or employment or the termination of
that appointment or employment; or
(b) to disallow or annul any Bylaw or resolution made under or hav-
ing effect for the purposes of Statute XIV.
XIV. aCademIC staff
Part I – cOnstructIOn, aPPlIcatIOn and InterPretatIOn
1. Guiding principles. This Statute and any Bylaw made under this Stat-
ute shall be construed in every case to give effect to the following
guiding principles, that is to say
(a) to ensure that members of the academic staff of the College have
freedom within the law to question and test received wisdom, and
to put forward new ideas and controversial or unpopular opinions,
without placing themselves in jeopardy of losing their jobs or privi-
leges;
(b) to enable the College to provide education, to promote learning,
and to engage in research efficiently and economically; and
(c) to apply the principles of justice and fairness.
2. Reason for dismissal. No provision in Part II, Part III, Part IV or Part
VII shall enable any member of the academic staff to be dismissed
unless the reason for the dismissal may in the circumstances (includ-
34
Magdalen College
XIV
ing the size and administrative resources of the College) reasonably
be treated as a sufficient reason for dismissal.
3. Application. (1) This Statute shall apply
(a) to any person holding a College Office designated by the Govern-
ing Body as one to which this Statute applies;
(b) to any person employed by the College to carry out teaching or
research save for those holding appointments which have been ex-
cluded by the President and Fellows from the scope of this Statute on
the ground that the duties in that regard are only of a limited nature;
and
(c) to the President, to the extent and in the manner set out in Part
VII of this Statute.
(2) In this Statute any reference to “a member of the academic staff ”
is a reference to a person to whom this Statute applies.
4. Meaning of dismissal. In this Statute, “dismiss” and “dismissal” mean
dismissal of a member of the academic staff and
(a) include remove or, as the case may be, removal from office; and
(b) in relation to employment under a contract, shall be construed in
accordance with section 55 of the Employment Protection (Consoli-
dation) Act 1978.
5. Meaning of good cause. (1) For the purposes of this Statute “good
cause” in relation to the dismissal or removal from office or place of
a member of the academic staff, being in any case a reason which is
related to conduct or to capability or qualifications for performing
work of the kind which the member of the academic staff concerned
was appointed or employed to do, means
35
Magdalen College
XIV
(a) conviction for an offence which may be deemed by an Academic
Disciplinary Committee appointed under Part III to be such as to
render the person convicted unfit for the performance of the duties
of the office or employment as a member of the academic staff; or
(b) conduct of an immoral, scandalous or disgraceful nature incom-
patible with the duties of the office or employment; or
(c) conduct constituting failure or persistent refusal or neglect or in-
ability to perform the duties or comply with the conditions of office
or employment; or
(d) physical or mental incapacity established under Part IV; or
(e) wilful disruption of the activities of the College; or
(f) wilful disobedience of any of the Statutes or Bylaws of the College
in force for the time being.
(2) In this Clause
(a) “capability”, in relating to such a member, means capability as-
sessed by reference to skill, aptitude, health or any other physical or
mental quality; and
(b) “qualifications”, in relation to such a member, means any degree,
diploma or other academic, technical or professional qualification
relevant to the office or position held by that member.
6. Meaning of redundancy. For the purposes of this Statute dismissal
shall be taken to be a dismissal by reason of redundancy if it is at-
tributable wholly or mainly to
(a) the fact that the College has ceased, or intends to cease, to carry
on the activity for the purposes of which the person concerned was
appointed or employed or has ceased, or intends to cease, to carry on
36
Magdalen College
XIV
that activity in the place in which the person concerned worked; or
(b) the fact that the requirements of that activity for members of the
academic staff to carry out work of a particular kind in that place
have ceased or diminished or are expected to cease or diminish.
7. Incidental, supplementary and transitional matters. (1) In any case of
conflict, the provisions of this Statute shall prevail over those of any
other Statute of the College in force on the date on which the instru-
ment making these modifications was approved under sub-section (9)
of section 204 of the Education Reform Act 1988, and over those of
any Bylaw, and the provisions of any Bylaw made under the Statute
shall prevail over those of any Bylaw made under such other Statutes:
Provided that Part III, Part IV and Part VII of his Statute shall not
apply in relation to anything done or omitted to be done before the
date on which the instrument making these modifications was ap-
proved under subsection (9) of section 204 of the Education Reform
Act 1988;
Provided also that disciplinary proceedings in relation to anything
done or omitted to be done before that date may continue or be in-
stituted after that date under the relevant College Statutes in force
before that date.
(2) Nothing in any appointment made, or contract entered into, shall
be construed as overriding or excluding any provision made by this
Statute concerning the dismissal of a member of the academic staff
of the College by reason of redundancy or for good cause provided
that this shall not invalidate any waiver made under section 142 of
the Employment Protection (Consolidation) Act 1978.
(3) For the avoidance of doubt it is hereby declared that nothing in
Part III shall be construed as affecting the Statutes and Bylaws of
the College concerning re-election on the expiry of a fixed term of
a Fellowship.
37
Magdalen College
XIV
(4) In any case where an officer of the College or any person is des-
ignated to perform any duties or exercise any powers under this Stat-
ute, and that officer or person is himself involved in the matter in
question, the Governing Body may appoint an alternate to act in
his place under procedures prescribed by Bylaws made under this
Statute.
(5) Nothing in any other Statute shall enable the Governing Body to
delegate its power to reach a decision under Clause 10(2).
(6) No one shall sit as a member of any of the bodies established
under this Statute, and no one shall be present at a meeting of such
body when the body is considering its decision or discussing a point
of procedure, except as provided by this Statute or by Bylaws made
under this Statute.
(7) In this Statute references to numbered Parts, Clauses, and sub-
clauses are references to Parts, Clauses, and sub-clauses so numbered
in this Statute.
Part II – redundancy
8. Redundancy. This Part enables the Governing Body, as the appropri-
ate body, to dismiss any member of the academic staff by reason of
redundancy.
9. Exclusions. (1) Nothing in this Part shall prejudice, alter or affect
any rights, powers or duties of the College or apply in relation to a
person unless
(a) his appointment is made, or his contract of employment is entered
into, on or after 20th November 1987; or
(b) he is promoted on or after that date.
(2) For the purposes of this Clause in relation to a person, a reference
38
Magdalen College
XIV
to an appointment made or a contract entered into on or after 20th
November 1987 or to promotion on or after that date shall be con-
strued in accordance with subsections (3) to (6) of section 204 of the
Education Reform Act 1988.
10. The appropriate body. (1) The Governing Body shall be the appro-
priate body for the purposes of this Part.
(2) This Part applies where the Governing Body has decided that
there should be a reduction in the academic staff
(a) of the College as a whole; or
(b) of any area of academic work within the College by way of re-
dundancy.
11. Decision by Governing Body. (1) Where the Governing Body has
reached a decision under Clause 10(2)
(a) it may itself decide to select the requisite members of the aca-
demic staff for dismissal by reason of redundancy if such a course
satisfies the guiding principles set out in Clause 1; or
(b) it shall appoint a Redundancy Committee to be constituted in
accordance with sub-clause (3) of this Clause to give effect to its de-
cision by such date as it may specify and for that purpose to select
and recommend the requisite members of the academic staff for dis-
missal by reason of redundancy; and
(ii) to report their recommendations to the Governing Body.
(2) The Governing Body shall either approve any selection recom-
mendation made under sub-clause (1)(b)(i), or shall remit it to the Re-
dundancy Committee for further consideration in accordance with
its further directions.
39
Magdalen College
XIV
(3) A Redundancy Committee appointed by the Governing Body
shall comprise
(a) a Chairman; and
(b) two members chosen from amongst members of the Governing
Body to whom this Statute does not apply, Honorary Fellows and
Emeritus Fellows; and
(c) two members chosen from amongst members of the academic
staff.
(4) A member of the academic staff shall not be selected for dismissal
under this Clause unless he has been afforded a reasonable opportu-
nity to make representations to the Governing Body.
12. Notices of intended dismissal. (1) Where the Governing Body has
either itself made a selection or has approved a selection recommen-
dation made by the Redundancy Committee under Clause 11(1) it
may authorise an officer of the College as its delegate to dismiss any
member of the academic staff so selected.
(2) Each member of the academic staff selected shall be given sepa-
rate notice of the selection approved by Governing Body.
(3) Each separate notice shall sufficiently identify the circumstances
which have satisfied the Governing Body that the intended dismissal
is reasonable and in particular shall include
(a) a summary of the action taken by the Governing Body under this
Part;
(b) an account of the selection processes it has used;
(c) a reference to the rights of the person notified to appeal against
the notice and to the time within which any such appeal is to be
40
Magdalen College
XIV
lodged under Part V of this Statute; and
(d) a statement as to when the intended dismissal is to take effect.
Part III – dIscIPlIne, dIsmIssal and remOVal frOm OffIce
13. Minor faults. (1) Minor faults shall be dealt with informally.
(2) Where the matter is more serious but falls short of constituting
possible good cause for dismissal the following procedure shall be
used
Stage 1 – Oral Warning. If conduct or performance does not meet
acceptable standards the member of the academic staff will normally
be given a formal oral warning. The member will be advised of the
reason for the warning, that it is the first stage of the disciplinary
procedure and of the right of appeal under this Clause. A brief note
of the oral warning will be kept but it will be spent after 12 months,
subject to satisfactory conduct and performance.
Stage 2 – Written Warning.
If the offence is a serious one, or if a fur-
ther offence occurs, a written warning will be given to the member of
the academic staff by the Vice-President. This will give details of the
complaint, the improvement required and the timescale. It will warn
that a complaint may be made to the President seeking the institution
of charges to be heard by a Disciplinary Committee appointed under
Clause 15 if there is no satisfactory improvement and will advise of
the right of appeal under this Clause. A copy of this written warn-
ing will be kept by the Vice-President but it will be disregarded for
disciplinary purposes after 2 years subject to satisfactory conduct and
performance.
Stage 3 – Appeals.
A member of the academic staff who wishes to
appeal against a disciplinary warning shall inform the President with-
in two weeks. The President shall hear the appeal and his decision
shall be final.
41
Magdalen College
XIV
14. Preliminary examination of serious disciplinary matters. (1) If there has
been no satisfactory improvement following a written warning given
under Stage 2 of the procedure in Clause 13, or in any case where it
is alleged that conduct or performance may constitute good cause for
dismissal or removal from office, a complaint seeking the institution
of charges to be heard by a Disciplinary Committee appointed under
Clause 15 may be made to the President.
(2) To enable the President to deal fairly with any complaint brought
to his attention under sub-clause (1) he shall institute such enquiries
(if any) as appear to him to be necessary.
(3) If it appears to the President (whether on receipt of a complaint
or otherwise) that there are grounds for believing that the conduct
or performance of a member of the academic staff could constitute
good cause for dismissal, he shall write to the person concerned invit-
ing comment in writing and, if he considers that the College might
otherwise suffer significant harm may, at this stage or at any stage
prior to the conclusion of any hearing by a Disciplinary Committee,
suspend the person concerned from the performance of his duties
without loss of pay or emolument.
(4) As soon as may be following the comments (if any) or in any event
not later than 28 days after they were invited the President shall con-
sider the matter in the light of all the available material and may
dismiss the matter summarily, or issue a formal warning to the person
concerned, or determine that the matter be considered by a Discipli-
nary Committee appointed under Clause 15.
15. Consideration by Disciplinary Committee. If the President has deter-
mined that the matter is to be considered by a Disciplinary Commit-
tee, he shall request the Governing Body to appoint such a committee
to hear the charge or charges and to determine whether the conduct
or performance of the person charged constitutes good cause for
dismissal or otherwise constitutes a serious complaint relating to his
appointment or employment, and to make recommendations con-
42
Magdalen College
XIV
cerning the action (if any) to be taken as a result of the Commit-
tee’s findings. Pending the consideration of such recommendations,
the President, after consulting the Governing Body, may suspend the
person charged from the performance of his duties without loss of
emolument.
16. Disciplinary Committee. (1) A Disciplinary Committee shall consist
of three persons selected by the Governing Body from a panel of
seven persons appointed annually by the Governing Body. The mem-
bers of the panel shall be members of Governing Body, Honorary
Fellows or Emeritus Fellows of the College.
(2) In selecting members of the panel for appointment as members
of a Disciplinary Committee, the Governing Body shall exclude the
person charged, and any person who has been involved in or associ-
ated with the making of the complaint or any part of it, or who has
been involved in any preliminary hearing or investigation.
17. Presentation of charges. (1) When a Disciplinary Committee has
been appointed, the Executive Committee shall instruct a solicitor
or other suitable person to formulate the charge or charges and to
present, or arrange for the presentation of, the charges before the
Disciplinary Committee.
(2) It shall be the duty of the person formulating the charge or charges
(a) to forward the charge or charges to the Committee and to the
member of the academic staff concerned, together with the other
documents therein specified and a list of all witnesses the College
proposes to call, with statements containing the evidence they are
expected to give; and
(b) to make any necessary administrative arrangements for the sum-
moning of witnesses, the production of documents and generally for
the proper presentation of the case before the Committee.
43
Magdalen College
XIV
18. Procedure. The procedure to be followed in respect of the prepa-
ration, hearing, and determination of any charge by a Disciplinary
Committee shall be prescribed by Bylaws made under this Statute.
Such Bylaws shall ensure
(a) that the person charged is entitled to be represented by another
person, whether such person is legally qualified or not, in connection
with and at any hearing of charges by a Disciplinary Committee;
(b) that a charge shall not be determined without an oral hearing at
which the person charged and any person appointed to represent
him are entitled to be present;
(c) that witnesses may be called, both on behalf of the person charged
and by the person presenting the charge, and may be questioned con-
cerning any relevant evidence;
(d) that no new witness or documentary evidence may be introduced
by the person presenting the charge without the Committee’s con-
sent, which shall not be given save for good reason, and that if late
introduction is allowed, the member of the academic staff shall be
allowed an adjournment sufficient to allow him to consider and re-
spond to the new evidence; and
(e) that any charge is heard and determined as expeditiously as is
reasonably practicable.
19. Notification of Disciplinary Committee decisions. (1) The Disciplinary
Committee shall send its decision on any charge referred to it (to-
gether with its findings of fact and the reasons for its decision regard-
ing that charge and its recommendations, if any, as to the appropriate
penalty) to the President, the person charged, the person presenting
the charge and any person who shall have been added as a party by
the Disciplinary Committee.
(2) The Disciplinary Committee shall draw attention to the period
44
Magdalen College
XIV
of time within which any appeal should be made by ensuring that a
copy of Part V (Appeals) accompanies each copy of its decision sent
to a party to the proceedings under this Clause.
20. Powers of the appropriate officer where charges are upheld. (1) Where any
charge or charges are upheld and the Disciplinary Committee finds
good cause and recommends dismissal or removal from office, but
in no other case, the President, after consulting the Governing Body,
shall decide whether or not to dismiss the person concerned.
(2) Where any charge is upheld, other than where the President has
decided under sub-clause (1) to dismiss the person concerned, the ac-
tion available to the President, after consulting the Governing Body
(not comprising a greater penalty than that recommended by the Dis-
ciplinary Committee) shall be
(a) to discuss the issues raised with the person concerned; or
(b) to advise the person concerned about his future conduct; or
(c) to warn the person concerned; or
(d) to suspend the person concerned for such period as the President
shall think fair and reasonable, provided that the suspension shall
not extend beyond three months after the Disciplinary Committee’s
decision; or
(e) to take such further or other action under the member’s contract
of employment of terms of appointment as appears fair and reason-
able in all the circumstances of the case; or
(f) any combination of any of the above.
21. Appropriate Officers. (1) The President shall be the appropriate of-
ficer to exercise the powers conferred by Clause 20 but he may ap-
point a delegate to exercise those powers.
45
Magdalen College
XIV
(2) Any action taken by the President or his delegate shall be con-
firmed in writing and notified to the Governing Body.
Part IV – remOVal fOr IncaPacIty On medIcal GrOunds
22. Incapacity on medical grounds. (1) This Part makes separate provision
for the assessment of incapacity on medical grounds as a good cause
for dismissal or removal from office.
(2) In this Part references to medical grounds are references to capa-
bility assessed by reference to health or any other physical or mental
quality.
(3) In this Part the President shall be the appropriate officer to per-
form any duties or exercise any powers, but he may appoint a del-
egate to act on his behalf.
(4) In this Part reference to the member of the academic staff for the
purposes of notification, giving consent, agreement, nomination or
providing evidence include, in cases where the nature of the alleged
disability so requires, a responsible relative or friend or other person
with authority to act on behalf of that member in addition to (or
instead of) that member.
23. Removal on medical grounds. (1) Where it appears to the President
that the removal of a member of the academic staff on medical
grounds should be considered, the President
(a) shall inform the member accordingly; and
(b) may if the member agrees or if the President considers that the
College might otherwise suffer significant harm, suspend the mem-
ber from duty without loss of pay; and
(c) shall notify the member in writing that it is proposed to make an
application to the member’s medical practitioner for a medical report
46
Magdalen College
XIV
and shall seek the member’s consent in writing in accordance with
the requirements of the Access to Medical Reports Act 1988.
(2) If the member elects to apply for early retirement on medical
grounds he shall be allowed to do so and the College shall meet the
reasonable costs of any medical opinion required.
(3) If the member does not elect to apply for early retirement on med-
ical grounds the President may refer the case in confidence, with any
medical and other evidence (including any such evidence submitted
by the member), to a Medical Board comprising one person nomi-
nated by the Governing Body; one person nominated by the member
concerned or, in default of the latter nomination, by the President;
and a medically qualified chairman jointly agreed by the Governing
Body and the member or, in default of agreement, to be nominated
by the President of the Royal College of Physicians.
(4) The procedure to be followed in respect of the preparation, hear-
ing, and determination of a case by a Medical Board under this Part
shall be prescribed by Bylaws made under this sub-clause. Such By-
laws shall ensure
(a) that the member concerned is entitled to be represented by an-
other person, whether such person is legally qualified or not, in con-
nection with and at any hearing by the Board;
(b) that a case shall not be determined without an oral hearing at
which the person charged and any person appointed to represent
him are entitled to be present;
(c) that witnesses may be called and may be questioned concerning
any relevant evidence; and
(d) that the case is heard and determined as expeditiously as is reason-
ably practicable.
47
Magdalen College
XIV
(5) The Board may require the member concerned to undergo medi-
cal examination at the College’s expense.
24. Termination of employment. (1) If the Board determines that the
member should be required to retire on medical grounds, the Presi-
dent shall consult the Governing Body, and may terminate the em-
ployment of the member concerned on those medical grounds.
(2) Any action taken by the President shall be confirmed in writing
and notified to the Governing Body.
Part V – aPPeals
25. Appeal procedures. This Part establishes procedures for hearing and
determining appeals by members of the academic staff who are dis-
missed or under notice of dismissal or who are otherwise disciplined.
26. Application and interpretation. (1) This Part applies
(a) to appeals against any decisions of the Governing Body to dismiss
in the exercise of its powers under Part II;
(b) to appeals arising in any proceedings, or out of any decision
reached, under Part III other than appeals against disciplinary warn-
ings under Clause 13;
(c) to appeals against any dismissal otherwise than in pursuance of
Part II, Part III, Part IV or Part VII;
(d) to appeals against any disciplinary decision otherwise than in pur-
suance of Part III;
(e) to appeals against any decisions reached under Part IV; and
(f) to appeals against any decision reached under Part VII
48
Magdalen College
XIV
and “appeal” and “appellant” shall be construed accordingly.
(2) No appeal shall however lie against
(a) a decision of the Governing Body under Clause 10(2);
(b) any findings of fact of a Disciplinary Committee under Part III,
or of a Tribunal under Part VII save where, with the consent of the
person or persons hearing the appeal, fresh evidence is called on be-
half of the appellant at that hearing;
(c) any medical finding by a Board set up under Clause 23(3) save
where, with the consent of the person or persons appointed, fresh
evidence is called on behalf of the appellant at that hearing.
(3) In this Part references to “the person appointed” are references
to the person appointed by the Governing Body under Clause 29 to
hear and determine the relevant appeal.
(4) The parties to an appeal shall be the appellant and the President
and any other person added as a party at the direction of the person
appointed.
27. Institution of appeals. A member of the academic staff shall insti-
tute an appeal by serving on the President, within the time allowed
under Clause 28, notice in writing setting out the grounds of the
appeal.
28. Time for appealing and notice of appeal. (1) A notice of appeal shall be
served within 28 days of the date on which the document recording
the decision appealed from was sent to the appellant or such longer
period, if any, as the person appointed may determine under sub-
clause (3).
(2) The President shall bring any notice of appeal received (and the
date when it was served) to the attention of the Governing Body and
49
Magdalen College
XIV
shall inform the appellant that he has done so.
(3) Where the notice of appeal was served on the President outside
the 28 day period the person appointed under Clause 29 shall not
permit the appeal to proceed unless he considers that justice and fair-
ness so require in the circumstances of the case.
29. Persons appointed to hear and determine appeals. (1) Where an appeal is
instituted under this Part the Governing Body shall appoint a person
described in sub-clause (2) to hear and determine that appeal subject
to sub-clause (3) of this Clause.
(2) The persons described in this sub-clause are persons not employed
by the College holding, or having held, judicial office or being bar-
risters or solicitors of at least ten years’ standing.
(3) The person appointed shall sit alone unless he considers that jus-
tice and fairness will best be served by sitting with two other persons.
(4) The other persons who may sit with the person appointed and
who shall be appointed by the Governing Body shall be
(a) one member chosen from amongst members of the Governing
Body to whom this Statute does not apply, Honorary Fellows and
Emeritus Fellow; and
(b) one other member chosen from amongst members of the Govern-
ing Body.
30. Provisions concerning appeal procedures and powers. (1) The procedure
to be followed in respect of the preparation, consolidation, hearing
and determination of appeals shall be that set out in Bylaws made
under this Clause.
(2) Without prejudice to the generality of the foregoing such Bylaws
shall ensure
50
Magdalen College
XIV
(a) that an appellant is entitled to be represented by another person,
whether such person is legally qualified or not, in connection with
and at any hearing of his appeal;
(b) that an appeal shall not be determined without an oral hearing at
which the appellant and any person appointed by him to represent
him are entitled to be present and, with the consent of the person or
persons hearing the appeal, to call witnesses;
(c) that full and sufficient provision is made for postponements, ad-
journments, dismissal of the appeal for want of prosecution and for
the correction of accidental errors; and
(d) that the person appointed may set appropriate time limits for each
stage (including the hearing itself) to the intent that any appeal shall
be heard and determined as expeditiously as is reasonably practica-
ble.
(3) The person or persons hearing the appeal may allow or dismiss
an appeal in whole or in part and, without prejudice to the foregoing,
may
(a) remit an appeal from a decision under Part II to the Governing
Body (or any issue arising in the course of such an appeal) for further
consideration as the person or persons hearing the appeal may direct;
or
(b) remit an appeal arising under Part III for re-hearing or reconsid-
eration by the same or by a differently constituted Disciplinary Com-
mittee to be appointed under that Part; or
(c) remit an appeal from a decision under Part IV for further consid-
eration as the person or persons hearing the appeal may direct; or
(d) remit an appeal by the President arising under Part VII for re-
hearing or reconsideration by the same or by a differently constituted
51
Magdalen College
XIV
Tribunal to be appointed under that Part; or
(e) substitute any lesser alternative penalty that would have been open
to the President following the finding by the Disciplinary Committee
which heard and pronounced upon the original charge or charges.
31. Notification of decisions. The person appointed shall send a reasoned
decision, including any decision reached in exercise of his powers un-
der Clause 30(3) (a), (b), (c) or (d) on any appeal and a statement of
any findings of fact different from those of the Governing Body un-
der Part II or by the Disciplinary Committee under Part III or of the
Board under Part IV or of the Tribunal appointed under Part VII,
as the case may be, to the President and to the parties to the appeal.
Part VI – GrIeVance PrOcedures
32. Grievance procedures. The aim of this Part is to settle or redress in-
dividual grievances promptly, fairly and, so far as may be, within the
relevant area by methods acceptable to all parties.
33. Application. The grievances to which this Part applies are ones by
members of the academic 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 College,
not being matters for which express provision is made elsewhere in
this Statute.
34. Exclusions and informal procedures. (1) If other remedies within the
relevant area have been exhausted the member of the academic staff
may raise the matter with the President.
52
Magdalen College
XIV
(2) If it appears to the President that the matter has been finally de-
termined under Part III, IV or V or that the grievance is trivial or
invalid, he may dismiss it summarily, or take no action upon it. If it so
appears to the President he shall inform the member and may inform
the Governing Body accordingly.
(3) If the President is satisfied that the subject matter of the grievance
could properly be considered with (or form the whole or any part of)
(a) a complaint under Part III; or
(b) a determination under Part IV; or
(c) an appeal under Part V
he shall defer action upon it under this Part until the relevant com-
plaint, determination or appeal has been heard or the time for insti-
tuting it has passed and he shall notify the member accordingly.
(4) If the President does not reject the complaint under sub-clause
(2) or if he does not defer action upon it under sub-clause (3) he shall
decide whether it would be appropriate, having regard to the inter-
ests 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.
35. Grievance Committee procedure. If the grievance has not been dis-
posed of informally under Clause 34(4), the President shall refer the
matter to a Grievance Committee for consideration.
36. Composition of Grievance Committee. A Grievance Committee shall
comprise three Fellows of the College appointed by the Governing
Body.
37. Procedure and right to representation. The procedure in connection
with the consideration and determination of grievances shall be de-
termined in Bylaws in such a way as to ensure that the aggrieved
53
Magdalen College
XIV
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.
38. Notification of decisions. The Committee shall inform the Govern-
ing Body 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.
Part VII – remOVal Of the PresIdent frOm OffIce
39. Complaints. Any three members of the Governing Body may make
complaint to the Vice-President seeking the removal of the President
from office for good cause.
40. Referral to Governing Body. The Vice-President shall refer such a
complaint to the Governing Body, exclusive of the President and the
members making the complaint. If it appears to the Governing Body
that the complaint is not supported by sufficient evidence of good
cause for the removal of the President from office, it may determine
that no further action shall be taken upon it.
41. Appointment of Tribunal. If it appears to the Governing Body that
the complaint is supported by sufficient evidence of good cause for
the removal of the President from office, it shall appoint a Tribunal
to hear and determine the matter.
42. Composition of the Tribunal. The Tribunal appointed by the Gov-
erning Body shall comprise
(a) an independent Chairman; and
(b) one member chosen from amongst members of the Governing
Body to whom this Statute does not apply, Honorary Fellows and
Emeritus Fellows; and
54
Magdalen College
XIV, XV
(c) one member chosen from amongst members of the Governing
Body to whom this Statute applies.
43. Procedures of the Tribunal. A charge referred to the Tribunal shall
be dealt with in accordance with the procedure prescribed in Clauses
17 to 19, provided
(a) that the Vice-President shall perform any duty and exercise any
power there assigned to the President; and
(b) that the only recommendation the Tribunal may make is whether
or not the President should be removed from his office.
44. Where charges upheld. Where a charge or charges have been upheld
and the Tribunal finds good cause and recommends dismissal, but in
no other case, the Vice-President shall consult the Governing Body
and may then dismiss the President.
45. Suspension of President. Where a complaint is to be referred to a
Tribunal under Clause 41, the Vice-President may, if he considers
that the College might otherwise suffer significant harm, suspend the
President from his duties in all matters relating to the government
and discipline of the College without loss of salary.
46. Removal from office on medical grounds. For the purpose of the re-
moval of the President from his office for incapacity on medical
grounds, the provisions of Part IV shall have effect, provided that the
Vice-President shall perform any duty or exercise any power there
assigned to the President.
47. Appeals. For the purpose of appeals by the President against re-
moval from office, the provisions of Part V shall have effect, provided
that the Vice-President shall perform any duty or exercise any power
there assigned to the President.
55
Magdalen College
XV, XVI
XV. ProVIsIons relatIVe to the unIVersIty
1. Power for Council to make representations to Visitor. If at any time it ap-
pear to the Council of the University that any provision of the Stat-
utes of the College in force for the time being respecting the accounts
of the College, or the audit or publication thereof, or the exercise of
the borrowing powers of the College, or any other provision by the
non-observance of which any interest of the University is liable to be
prejudicially affected, is not duly observed, the Council may submit
a representation to the Visitor; and the Visitor shall, upon receiving
such representation, inquire into the matter, and after considering
any representation made by the President and Fellows, make such
order therein as he shall deem just for enforcing the due observance
of the Statutes in the matter to which the representation relates.
2. Notice to President. Before any representation is made under the last
preceding clause, the Vice-Chancellor shall communicate the matter
of the proposed representation to the President, for the information
of the College, and, when a representation is made, shall forthwith
send him a copy of it.
XVI. form of aCCounts of the College and the audIt
and PublICatIon thereof
1. Accounts. The President and Fellows shall cause proper books of
account to be kept with respect to:
(i) all sums of money received and expended by or on behalf of the
College and the matters in respect of which such receipts and ex-
penditure take place;
(ii) the assets and liabilities of the College.
Proper books of account shall not be deemed to be kept if there are
not kept such books of account as are necessary to give a true and fair
view of the state of the financial affairs of the College and to explain
56
Magdalen College
XVI
its transactions.
2. Trust Funds. Separate accounts shall be kept of all property held in
trust for any purpose other than the general purposes of the College,
and of receipts and payments in respect of such property.
3. Audit. (1) The College accounts shall be audited once at least in
each year. The President and Fellows shall appoint for that purpose
an auditor or auditors.
(2) The auditor or auditors so appointed shall be qualified as required
by the University Statute for the time being in force.
(3) The auditor or auditors shall report in writing to the President and
Fellows whether the accounts of the College are duly kept in proper
books of account in conformity with the provisions of this Statute,
and whether the abstracts and balance sheet prepared pursuant to
the provisions of this Statute contain a full and true account of the
financial condition of the College.
(4) The auditor or auditors shall report specially as to any payment
which he or they may judge to have been made without sufficient
authority.
4.
Publication of Accounts. The President and Fellows shall in every year
cause to be prepared and delivered to the Registrar of the University
for publication such information relating to the accounts of the Col-
lege as may be prescribed from time to time by any Statute of the
University made or to be made under the powers of the Universities
of Oxford and Cambridge Act, 1923. The date on or before which
such information shall be delivered to the Registrar, the forms of the
statements in which it shall be shown, and the certificate accompany-
ing such forms shall be as prescribed from time to time in the Statutes
of the University, made or to be made under the like authority; and
the certificate shall be signed by the auditor or auditors aforesaid.
57
Magdalen College
XVI, XVII
5. Contribution for University purposes. The President and Fellows shall, on
or before a date prescribed as aforesaid, furnish to the University such
information as may be required for determining the amount to be paid
by the College to the University as a contribution for University pur-
poses under any Statute of the University made or to be made under
the powers of the Universities of Oxford and Cambridge Act, 1923.
XVII. Powers of InVestment and eXPendIture
1. Power to invest. Subject to the provisions of this Statute, the Presi-
dent and Fellows may arrange for the investment of all funds and
endowments to which this Statute applies which are not required for
immediate use in such securities, shares, stocks, funds, or other invest-
ments (including land) in any part of the world and whether involv-
ing liability or not as they shall in their absolute discretion think fit, so
that they shall be empowered to invest and transpose the investments
of such funds in the same unrestricted manner as if they were the
beneficial owner thereof.
In exercising any power of investment under this Statute, the Presi-
dent and Fellows must have regard to (a) the suitability to the College
of investments of the same kind as any particular investment pro-
posed to be made or retained and of that particular investment as an
investment of that kind, and (b) the need for diversification of invest-
ments of the College, insofar as is appropriate to the circumstances
of the College.
2. Power to expend. Subject to Clause 3 of this Statute, the capital and
income of the funds and endowments to which this Statute applies
may be expended or allocated for the purpose for which those funds
and endowments exist. The President and Fellows shall apply the
criteria set out in the Policy Document to be approved as set out
in Clause 3 of this Statute and shall have regard to the total return
achieved. Total return means return in terms of both income wheth-
er received or accrued, and capital appreciation, whether realized or
unrealized.
58
Magdalen College
XVII
The President and Fellows shall in the exercise of their powers under
Clause 2 of this Statute exercise such care and skill as is reasonable
in the circumstances.
3. Expenditure Criteria and Policy Document. The President and Fellows
shall approve a Policy Document setting out the criteria on the basis
of which the powers set out in Clause 2 of this Statute shall be ex-
ercised. The Policy Document shall permit only such expenditure as
is prudent in all the circumstances having regard to the total return
achieved and reasonably to be expected in the long term from the
endowments and funds within Clause 4 of this Statute. The Policy
Document will be reviewed by the President and Fellows from time
to time, and in any event no more than five years shall elapse between
the reviews.
The Policy Document shall establish the period by reference to which
total return is calculated, and it may contain provisions by which a
review is triggered if there is a significant reduction in the overall
value of assets after taking into account expenditure.
The approval of the Policy Document and any change to it shall be
subject to an affirmative vote of no less than two thirds of those pre-
sent and eligible to vote at the meeting of the President and Fellows
at which the matter is put to the vote.
The President and Fellows shall from time to time appoint a suitably
qualified person to review the total return and the investment criteria
referred to in this Statute.
4. Property to which powers of investment and expenditure extend. The powers
conferred by Clauses 1 to 3 of this Statute (subject to the provisos
hereinafter contained) extend to the investment (including the varia-
tion of the investment) and expenditure and allocation of all endow-
ments or other funds of the College and of the funds of any specific
trust for purposes connected with the College of which the College
is trustee.
59
Magdalen College
XVII, XVIII
Nothing in this Statute shall override the express terms of any Trust
or gift made after the date of 31 March 2002 nor any obligation to
distinguish between income and capital which may be imposed by
any Trust or gift made after 31 March 1942.
5. Investment Manager. The College may from time to time appoint
suitably qualified persons or companies as Investment Managers
who are empowered to make investment decisions. The College shall
specify in writing to the Investment Manager the objectives they are
expected to achieve and the limits of authority within which they
may act. Reasonable and proper remuneration may be paid to an
Investment Manager. The terms of appointment, including required
reporting procedures, the basis upon which remuneration will be
paid and the period of notice to terminate the appointment, shall be
agreed in writing before the appointment is effected.
XVIII. transItIonal ProVIsIons
1. Pensions. Clause 1 of Statute IX shall not apply to those who, being
already members of the Federated Superannuation Scheme for Uni-
versities, have not elected to transfer to the Universities Superannua-
tion Scheme but remain members of the Federated Superannuation
Scheme. In relation to such members the President and Fellows shall
continue to discharge the duties and exercise the rights of a member
Institution under that Scheme.
2. Rooms in College. The restriction of the entitlement to rooms in
College in Statute IV.11(1) to those Fellows holding stipendiary Fel-
lowships shall not affect any existing entitlement of Fellows holding
(or appointed to) non-stipendiary Fellowships on 28 February 2006.
3. Existing interests. The amendments to these Statutes passed by the
President and Fellows on 11th March 2009 shall not affect the right
of any person holding a Supernumerary Non-Stipendiary Fellowship
on that date to be a member of the Governing Body so long as that
Fellowship continues.
60
Magdalen College
XIX
XIX. InterPretatIon
1. In the interpretation of these Statutes, unless the contrary inten-
tion appears, words importing the masculine gender shall include fe-
males and words importing the feminine gender shall include males.
2. Clause headings in these Statutes shall not affect the interpretation
of these Statutes.
61
62
Contents
I. ConstItutIon 1. Composition
1
2. Governing Body
1
3. Objects
1
II. PresIdent
1. Qualifications
1
2. Vacancy in the office
1
3. Voting
2
4. Second voting
3
5. Subsequent votings
3
6. Withdrawal of candidates
3
7. Eligibility of candidates
3
8. Provision for equal votes
4
9. Adjournment of meeting
4
10. Date of election
4
11. Pre-election
4
12. Power for Visitor to extend time and decide questions
5
13. Notification of election and presentation of President
to Visitor
6
14. Declaration to Fellows
6
15. Duties of President
6
16. Residence in College
7
17. Stipend
7
18. Other offices and activities
7
19. Notice of intention to retire
7
III. offICers
1. College officers
8
2. Acting President
8
3. Vice-President
8
4. Dean of Divinity
8
5. Senior Tutor
9
6. Deans of Arts
9
7. Dean of Degrees
9
63
Magdalen College
8. Bursar
9
9. Clerk to the College
9
10. Librarian
9
11. Stipends
9
12. Tenure
9
IV. fellows and fellowshIPs
Part I – General
1. Classes of Fellowships
10
2. Number of Stipendiary Fellowships
10
3. Transfer of Fellows to a different class
11
4. Grants to Fellows
11
5. Vacation of Fellowships
11
6. Declaration by Fellows
11
7. Seniority of Fellows
11
8. Rooms in College and housing allowance
12
9. Common College Dinner and Luncheon
13
10. Deprivation
13
Part II – OffIcIal fellOwshIPs
11. Qualifications for election
13
12. Tenure and re-election
14
13. Vacation of Official Fellowships
14
Part III – fellOwshIPs by sPecIal electIOn
14. Qualifications for election
14
15. Tenure and re-election
15
16. Stipendiary Fellowships
15
17. Variation in specified work
15
18. Vacation of Fellowships by Special Election
16
Part IV – fellOwshIPs by examInatIOn
19. At least one to be awarded every year
16
20. Form of examination
16
21. Qualifications for election
17
22. Mode of election
17
64
Magdalen College
23. Power to make no election
17
24. Leave of absence
17
25. Course of study or research
17
26. Stipend
18
27. Tenure
18
Part V – Other fellOwshIPs
28. Professorial Fellowships
18
29. Admission of Professorial Fellows
18
30. Additional Professorial Fellowships
18
31. Supernumerary Fellowships
19
32. Honorary Fellowships
20
33. Waynflete Fellowships
21
34. Emeritus Fellowships
21
35. Visiting Fellowships
22
36. Robert S. Campbell, Jr. Visiting Fellowships
23
37. Payment to Fellows and contracts with Fellows
24
V. meetIngs and theIr Powers
1. Meetings
24
2. Bylaws and resolutions
25
3. Amendment of Statutes
25
4. Voting at meetings
25
5. Executive Committee
25
VI. waynflete leCturershIPs
1. Waynflete Lecturer
26
2. Duties
26
3. Stipend and privileges
26
VII. tutorIal board, tutors, and tuItIon fund 1. Composition of Tutorial Board
26
2. Duties of Tutorial Board
26
3. Tuition Fund
27
4. Provision of instruction
27
VIII. remuneratIon 1. Power to remunerate
27
65
Magdalen College
2. Connected persons
27
3. Remuneration Committee
27
4. Effect of recommendations
28
5. Conflicts of interest
28
6. Joint Equity Schemes
28
7. Application
28
IX. PensIons 1. Universities Superannuation Scheme
28
2. Definition of total annual stipend
29
3. Power to increase pensions
29
4. Provision for persons other than Fellows
29
X. demyshIPs, sCholarshIPs, and eXhIbItIons 1. Senior Demyships
30
2. Regulation of Senior Demyships
30
3. Other awards
30
4. Regulations of awards
30
XI. ChaPel serVICes 1. Chaplains
30
2. Duties of Chaplains
30
3. Stipend of Chaplains
30
4. Rooms in College
30
5. Tenure of Chaplains
31
6. Deprivation of Chaplains
31
7. Choir
31
8. Organist and Informator Choristarum
31
XII. dIsPosal of reVenue 1. College contribution for University purposes
31
XIII. VIsItor
1. The Visitor
32
2. Power to visit
32
3. Power to direct suspension of Fellowships and
Demyships and abatement of charges
32
4. Power to declare true construction of Statutes
33
66
Magdalen College
5. Appeals to Visitor
33
6. Power to annul Bylaws and resolutions
33
7. Power to validate irregularities
33
8. Provisions
34
XIV. aCademIC staff
Part I – cOnstructIOn, aPPlIcatIOn and InterPretatIOn
1. Guiding principles
34
2. Reason for dismissal
34
3. Application
35
4. Meaning of dismissal
35
5. Meaning of good cause
35
6. Meaning of redundancy
36
7. Incidental, supplementary and transitional matters
37
Part II – redundancy
8. Redundancy
38
9. Exclusions
38
10. The appropriate body
39
11. Decision by Governing Body
39
12. Notices of intended dismissal
40
Part III – dIscIPlIne, dIsmIssal and remOVal frOm OffIce
13. Minor faults
41
14. Preliminary examination of serious disciplinary matters
42
15. Consideration by Disciplinary Committee
42
16. Disciplinary Committee
43
17. Presentation of charges
43
18. Procedure
44
19. Notification of Disciplinary Committee decisions
44
20. Powers of the appropriate officer where charges are upheld 45
21. Appropriate Officers
45
Part IV – remOVal fOr IncaPacIty On medIcal GrOunds
22. Incapacity on medical grounds
46
23. Removal on medical grounds
46
24. Termination of employment
48
67
Magdalen College
Part V – aPPeals
25. Appeal procedures
48
26. Application and interpretation
48
27. Institution of appeals
49
28. Time for appealing and notice of appeal
49
29. Persons appointed to hear and determine appeals
50
30. Provisions concerning appeal procedures and powers
50
31. Notification of decisions
52
Part VI – GrIeVance PrOcedures
32. Grievance procedures
52
33. Application
52
34. Exclusions and informal procedures
52
35. Grievance Committee procedure
53
36. Composition of Grievance Committee
53
37. Procedure and right to representation
53
38. Notification of decisions
54
Part VII – remOVal Of the PresIdent frOm OffIce
39. Complaints
54
40. Referral to Governing Body
54
41. Appointment of Tribunal
54
42. Composition of the Tribunal
54
43. Procedures of the Tribunal
55
44. Where charges upheld
55
45. Suspension of President
55
46. Removal from office on medical grounds
55
47. Appeals
55
XV. ProVIsIons relatIVe to the unIVersIty 1. Power for Council to make representations to Visitor
56
2. Notice to President
56
XVI. form of aCCounts of the College and the audIt and
PublICatIon thereof
1. Accounts
56
2. Trust Funds
57
3. Audit
57
68
Magdalen College
4. Publication of Accounts
57
5. Contribution for University purposes
58
XVII. Powers of InVestment and eXPendIture 1. Power to invest
58
2. Power to expend
58
3. Expenditure Criteria and Policy Document
59
4. Property to which powers of investment and expenditure
extend
59
5. Investment Manager
60
XVIII. transItIonal ProVIsIons 1. Pensions
60
2. Rooms in College
60
3. Existing interests
60
XIX. InterPretatIon
61
69