Policy Guidelines & Procedrues on Termination of Appointment (other than Staff on Substantiated Appointment)
HONG KONG BAPTIST UNIVERSTIY
Policy Guidelines & Procedures on Termination of Appointment
Removal from appointment is a serious matter. However, under certain circumstances where removal from appointment is unavoidable, this document sets out the policy guidelines & procedures on removal from appointment of the following groups of staff :
(a) Staff on fixed-term contracts;
(b) Staff on non-substantiated appointment;
(c) Staff on Continuous Contract Appointment (CCA) (including teaching staff on the Lecturer/Instructor Grade and Non-teaching Staff on Managerial/Senior Professional Category (i.e. Band F & above); and
(d) Staff on Open-ended Continuous Appointment (OCA) / Confirmed Appointment (CA) (including Non-teaching Staff on General/Executive/Professional Categories (i.e. Band A - E).
(a) Poor performance - The Dean/Head of Office may recommend termination of appointment of a staff member if he/she fails persistently to perform his/her duties up to the expectation of the Faculty/Department/Office, and that opportunity has been given for him/her to improve.
(b) Misconduct - the Dean/Head of Office may recommend termination of appointment of a staff member if the staff member concerned has committed an act of "misconduct", which may include, but not limited to, the following situations : where the staff member could be involved in dishonesty, breach of terms of and conditions of service, breach of regulations and conditions governing fringe benefits, convicted criminal offence, conduct of an immoral, scandalous and disgraceful nature, continued unauthorized absence, wilful damage to the University property, physical violence, wilful negligence of duties or refusal to perform any of his/her duties, wilful non-compliance with University regulations and/or any lawful/reasonable request from the University or from any authorized officers acted on behalf of the University, and actions which bring disrepute to the University or other staff members.
(c) Redundancy / financial stringency - The Dean/Head of Office may recommend termination of appointment of a staff member if there no longer exists the relevant service need for such a position and/or there is financial difficulty in retaining the position. For termination of appointment on the ground of redundancy/financial stringency, the relevant Faculty/Department/Office should not seek for replacement of the same position.
(a) For staff on substantiated appointment, removal from appointment will follow a different set of policies and procedures.
4. A staff member who is terminated from his/her appointment may appeal to the appropriate appeal authority as below :
(a) 2 senior academic/teaching and senior non-teaching staff member(s) who are at least of the same rank/grade as the staff under review; and
(b) a lay Council member or, as considered necessary by the appeal authority, an external member.
The appeal authority will appoint one of the above 3 members to be the Chairman of the Appeal Committee. The Appeal Committee will make a recommendation to the appeal authority, whose decision shall be final.