University Acts

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HEBDOMADAL COUNCIL

1 Decree

Council has made the following decree, to come into effect on 9 August:
(1) Establishing disciplinary and other procedures in relation to academic and related staff

Explanatory note to Decree (1)

The following decree puts into place procedures for the determination of disciplinary cases relating to academic and academic-related staff of the University, for the determination of cases arising out of alleged medical incapacity, for the hearing of appeals, and for the consideration of grievances, in accordance with the provisions of Parts III–VII of Title XVI of the Statutes. The decree also includes provision for the appointment of alternates, and for the procedures to be adopted under Title VIII, where offences occurred before the current statute came into effect in October 1993.

Decree (1)

In Ch. XI, delete Sect. II (Statutes, 1995, p. 695, as amended by Decree (7) of 26 October 1995, Gazette, p. 246) and substitute:

`Section II. Procedures of the Visitatorial Board, and other procedures required under Title XVI to be determined by decree

§ 1. The Visitatorial Board

1. The Visitatorial Board (hereinafter called the board) shall be constituted in accordance with Tit. VIII, Sect. I, cl. 1. Five members of the board, inclusive of the Chairman, shall be necessary to constitute a quorum, and in a case in which the board is evenly divided the Chairman shall have a second or casting vote.

2. The board shall consider any reference made by the Vice-Chancellor under Tit. XVI, cl. 14 (6) (d) concerning a person subject to its jurisdiction, namely any person included in the Schedule to Tit. VIII, Sect. I.

3. When the Vice-Chancellor under cl. 14 (6) (d) has directed that a charge or charges be preferred for hearing by the board he or she shall appoint under cl. 15 (2) a suitable person to formulate the charge or charges and to present the said charge or charges before the board (hereinafter called the person presenting the case).

4. The Registrar shall act as secretary of the board or shall appoint a person to act on his or her behalf.

5. The board may direct that charges against more than one person shall be heard together, due regard being given to the principles of justice and fairness.

6. The parties to a hearing by the board shall be

(a) the person or persons charged (hereinafter called the person charged);

(b) the person presenting the case;

(c) such other person, if any, as the board may add, either on application or otherwise. Reference to the person charged shall include, where the context so permits, reference to such other person.

Any person charged shall be entitled to be represented, but at his or her own expense, by another person, who need not be legally qualified. Where a person charged is so represented, references to the person charged shall include, where the context permits, that person's representative.

PREPARATION

7. The person presenting the case shall notify the person charged in writing that the referral has been made and shall send to him or her a statement of the charge or charges together with any documents therein specified.

8. The Chairman shall appoint a date, time, and place for the hearing, but shall have power, if he or she judges this to be advisable, to cancel a proposed hearing at any time before it has begun and substitute alternative arrangements for the hearing.

9. The secretary of the board shall give to the person charged at least twenty-one days' notice of the date appointed for the hearing by the board. Such notice shall be in writing and shall be accompanied by a copy of Title XVI and of this decree.

10. The person presenting the case shall give to the person charged and to the secretary of the board at least fourteen days before the hearing date a list of the witnesses to be called in support of the charges, statements of the evidence that the witnesses are expected to give, and copies of documents to be submitted in support of the charges.

11. The person charged shall give to the person presenting the case and to the secretary of the board at least seven days before the hearing date a list of the witnesses that he or she intends to call, statements of the evidence that the witnesses are expected to give, and copies of any documents to be submitted at the hearing.

HEARING

12. Subject to the prior consent of the board, either party may introduce witnesses or documents notwithstanding the fact that the appropriate provisions in clauses 10 and 11 above have not been observed, but in that event the hearing may be adjourned to enable the other party to consider the proposed testimony or further evidence and to introduce further evidence in support of its response.

13. No charge shall be determined without an oral hearing at which the person charged is entitled to be present.

14. All hearings of or in connection with proceedings before the board shall take place in camera.

15. The board may proceed with a hearing in the absence of any of the persons entitled to be present, except where, in the case of the person charged, the board is of the opinion that the person's absence was due to circumstances beyond his or her control. The Chairman of the board may exclude any person from a hearing if in the opinion of the Chairman such exclusion is necessary for the maintenance of order.

16. Each of the parties to the proceedings shall be entitled to give evidence at the hearing, to make an opening statement, to call witnesses, and to question any witness concerning any relevant evidence. After all the evidence has been heard, the person presenting the case, and the person charged, in that order, may address the board.

17. The board may dismiss a charge for want of prosecution.

18. The board may remit any charge to the Vice-Chancellor for further consideration.

19. (a) The jurisdiction and powers of the board shall not be affected by the fact that the person charged has been, or is liable to be, prosecuted, but has not yet been convicted, in a court of law in respect of any act or conduct which is the subject of proceedings before the board; but the board shall consider the advisability of referring the matter to the police. In the event that the matter has been referred to the police, by the board or otherwise, the board shall adjourn the proceedings for such periods as the board judges to be reasonable to enable a prosecution to be undertaken.

(b) Evidence that a person has been convicted of any offence by or before any court of law, or that any court of law has found proved an offence with which a person was charged, shall, for the purpose of proving that the person committed that offence or was guilty of any act or conduct in respect of which he or she was so convicted or charged, be admissible in any proceedings before the board.

20. Subject to the provisions of Title XVI and of this decree, the board shall determine its own procedure and may make such interlocutory orders for the conduct of the proceedings as it considers appropriate. The Chairman may set time limits for each stage of the proceedings, to the intent that any charge shall be heard and determined by the board as expeditiously as is reasonably practicable consonantly with the principles of justice and fairness. Within the limits of that intent, any meeting of the board may nevertheless be postponed or adjourned at the discretion of the Chairman.

21. The secretary of the board shall be entitled to be present throughout the hearing and at any meeting of the board, and shall keep a sufficient record of the proceedings of the board.

22. No costs shall be awardable by the board to parties to the proceedings.

DETERMINATION

23. In deciding whether a charge has been proved, the board shall apply the civil standard of proof, i.e. the balance of probabilities.

24. If the board decides that a charge has been proved, it shall, after giving the parties to the proceedings or their respective representatives an opportunity to address it concerning the penalty to be imposed, determine its recommendations, if any, as to the appropriate penalty in accordance with the provisions of Tit. XVI, cl. 19.

25. The board's decision shall be recorded in a document signed by the Chairman which shall also contain:

(a) the board's findings of fact regarding the charge or charges;

(b) the reasons for the board's decision; and

(c) the board's recommendations, if any, as to the appropriate penalty or penalties.

The secretary of the board shall ensure that a copy of the document is sent to the Vice-Chancellor, to the person presenting the case, and to the person charged, and also that a copy of Part V of Title XVI and of the associated procedural decree accompanies the document sent to the person charged.

26. The Chairman of the board may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the board.

§ 2. Medical Boards

1. When a Medical Board is appointed to determine a case referred to it under Tit. XVI, cl. 22 (3), the appropriate officer for the purposes of Part IV of that statute shall appoint a person to present the case to the board.

2. The Registrar shall act as secretary of the board or shall appoint a person to act on his or her behalf.

3. If after the commencement of proceedings a member of a board ceases to be available to serve as a member, the appropriate officer shall discharge the board and a new board shall be appointed in accordance with the provisions of Tit. XVI, cl. 22 (3).

4. The parties to a hearing before a board shall be:

(a) the person whose retirement on medical grounds is to be considered by the board, hereinafter referred to as the person concerned, which term shall include any person authorised to act on behalf of the person concerned, in addition to (or instead of) the person concerned, in accordance with Tit. XVI, cl. 21 (4);

(b) the person presenting the case.

5. The person concerned shall be entitled, but at his or her own expense, to be represented by another person, who need not be legally qualified, in connection with and at any hearing by the board.

PREPARATION

6. The person presenting the case shall notify the person concerned in writing that a referral has been made.

7. The Chairman of the board shall appoint a date, time, and place for a hearing by the board, but shall have power, if he or she judges this to be advisable, to cancel a proposed hearing at any time before it has begun and substitute alternative arrangements for the hearing.

8. The secretary of the board shall give to the person concerned at least twenty-one days' notice of the date appointed for the hearing by the board. Such notice shall be in writing and shall be accompanied by a copy of Title XVI and of this decree.

9. The person presenting the case shall give to the person concerned and to the secretary of the board at least fourteen days before the hearing date a written statement of the case together with copies of any relevant medical and other evidence, copies of any other documents intended to be produced at the hearing, a list of the witnesses whom it is proposed to call, and statements of the evidence that they are expected to give.

10. The person concerned shall give to the secretary of the board at least seven days before the hearing copies of any medical evidence that he or she intends to produce, a list of the witnesses that he or she intends to call, and statements of the evidence that they are expected to give.

HEARING

11. Subject to the prior consent of the board, either party may introduce witnesses or documents notwithstanding the fact that the appropriate provisions in clauses 9 and 10 above have not been observed, but in that event the hearing may be adjourned at the request of either party to enable the other party to consider the proposed testimony or further evidence in support of its response.

12. A case shall not be determined without an oral hearing at which the person concerned is entitled to be present. Any hearing of or in connection with any case before a Medical Board shall take place in camera.

13. The board may proceed with a hearing in the absence of any of the persons entitled to be present, except where, in the case of the person concerned, the board is of the opinion that his or her absence was due to circumstances beyond his or her control. The Chairman of the board may exclude any person from a hearing if in the opinion of the Chairman such exclusion is necessary for the maintenance of order.

14. Each party to a hearing before a board shall be entitled to give evidence at the hearing and, either personally or through a representative, to make an opening statement, to call witnesses, to question any witness concerning any relevant evidence, and to address the board after the evidence has been heard. 15. Subject to the provisions of Title XVI and of this decree, a Medical Board shall determine its own procedures and may make such interlocutory orders for the conduct of the proceedings as it considers appropriate. The Chairman of the board may set time limits for each stage of the proceedings, to the intent that the case shall be heard and determined by the board as expeditiously as is reasonably practicable consonantly with the principles of justice and fairness. Within the limits of that intent, any meeting of a board may nevertheless be postponed or adjourned at the discretion of the Chairman.

DETERMINATION

16. A Medical Board shall not determine that any person to whom Title XVI applies shall be required to retire on medical grounds unless it is satisfied that the person's physical or mental incapacity has been established, and it shall apply the civil standard of proof, i.e the balance of probabilities, in so satisfying itself.

17. The secretary of the board shall be entitled to be present throughout the hearing and at any meeting of the board, and shall keep a sufficient record of the proceedings of the board.

18. The board's decision shall be recorded in a document signed by the Chairman which shall also contain:

(a) the board's medical findings;

(b) the board's other findings of fact; and

(c) the reasons for the board's decision.

The secretary of the board shall ensure that a copy of the document is sent to the person concerned, to his or her representative (if any), to the person responsible for presenting the case to the board, and to the Vice-Chancellor, and also that a copy of Part V of Title XVI and of the associated procedural decree accompanies the copy of the document sent to the person concerned.

19. The Chairman of the board may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the board.

§ 3. Appeals

1. The procedure to be followed in respect of the preparation, consolidation, hearing, and determination of appeals under the provisions of Title XVI, cll. 24-30 shall be as follows.

2. The person appointed under ibid., cl. 28 (1) to hear and determine this appeal shall be referred to hereinafter as the Chairman. The body constituted under ibid., cl. 28 (iii) shall be referred to hereinafter as the Appeal Body, which term shall also refer to the Chairman in the event that the Chairman sits alone.

3. The Registrar shall act as secretary in the Appeal Body or shall appoint a person to act on his or her behalf.

4. The parties to an appeal shall be

(a) the appellant;

(b) such person as the Vice-Chancellor has appointed to act as respondent in the proceedings;

(c) such other person, if any, as the Chairman may add, either on application or otherwise.

5. Any party to an appeal shall be entitled, but at his or her own expense, to be represented by another person, who need not be legally qualified, in connection with and at the hearing of the appeal.

PREPARATION

6. The Chairman shall appoint a date, time, and place for the hearing of the appeal, but shall have power, if he or she judges this to be advisable, to cancel a proposed hearing at any time before it has begun and substitute alternative arrangements for the hearing.

7. When a hearing has been arranged, the secretary of the Appeal Body shall send to each party, at least fourteen days before the date appointed for the hearing,

(a) notice of the hearing, together with information on the right of representation by another person, on attendance, on the right to produce documents, and on the calling of fresh evidence; and

(b) a copy of the notice provided by the appellant in accordance with Tit. XVI, cl. 26.

8. The Appeal Body may at any time make such interlocutory orders for the conduct of the proceedings as it considers appropriate, and it shall have power, on application by the appellant, to suspend, in whole or in part, the operation of penalties pending the determination of the appeal.

HEARING

9. An appeal shall not be determined without an oral hearing at which the appellant and his or her representative, if any, are entitled to be present, save as is provided in clause 11 below. Subject to the provisions of clause 10 below, any hearing of or in connection with an appeal shall take place in camera.

10. If it considers it appropriate to do so, the Appeal Body may hear appeals by two or more appellants at the same hearing.

11. The Appeal Body may proceed with a hearing in the absence of any of the persons entitled to be present, except where, in the case of the appellant, it is of the opinion that that person's absence was due to circumstances beyond his or her control. The Chairman may exclude any person from a hearing if in the opinion of the Chairman such exclusion is necessary for the maintenance of order.

12. Each party to a hearing shall be entitled to make a statement and to address the Appeal Body, but witnesses may not be called without the consent of the Appeal Body. Leave to adduce fresh evidence, or to recall witnesses examined at first instance, shall be given only if the Appeal Body is satisfied that it is necessary or expedient in the interests of justice.

13. Subject to the provisions of Title XVI and of this decree, the Appeal Body shall determine its own procedure. The Chairman may set time limits for each stage of the proceedings, to the intent that any appeal shall be heard and determined as expeditiously as is reasonably practicable consonantly with the principles of justice and fairness. Within the limits of that intent, any meeting of the Appeal Body may nevertheless be postponed or adjourned at the discretion of the Chairman.

DETERMINATION

14. The Appeal Body may allow or dismiss an appeal in whole or in part, may dismiss an appeal for want of prosecution, or may remit an appeal for further consideration in accordance with the provisions of Tit. XVI, cl. 29 (3) and, in the case of an appeal arising under Part III of that Title, may substitute any lesser alternative penalty available under cl. 19 (2) thereof following a finding by the Visitatorial Board on the original charge or charges.

15. The secretary of the Appeal Body shall be entitled to be present throughout the hearing and at any meeting of the Appeal Body, and shall keep a sufficient record of the proceedings.

16. The decision of the Appeal Body shall be recorded in a document, signed by the Chairman, and including:

(a) any findings of fact which differ from those reached by any other university authority which has previously considered the case;

(b) the reasons for the decision of the Appeal Body; and

(c) any penalty determined by the Appeal Body under cl. 29 (3) (e).

The secretary of the Appeal Body shall send a copy of the document to the Vice-Chancellor (or to the Chancellor, where the appeal is against a decision reached under Part VII of Title XVI), the appellant, and the other parties to the appeal.

17. The Chairman may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the Appeal Body.

§ 4. Grievance Committee

1. When reference has been made to the Grievance Committee under Tit. XVI, cl. 34 the chairman of the committee shall invite the aggrieved person, and any person against whom the grievance lies, to submit a written statement to the committee. 2. The grievance shall not be disposed of without an oral hearing at which the aggrieved person, and any person against whom the grievance lies, shall be entitled to be heard and to be accompanied by a friend or representative.

3. After due consideration, the Grievance Committee shall inform Council whether in its opinion the grievance is or is not well founded. If of the opinion that the grievance is justified, the committee shall at the same time make such proposals for the redress of the grievance as it thinks fit.

§ 5. Appointment of alternates

1. Where any person, including the holder of any specified office of the University, is designated to perform any duties or exercise any power under Title XVI, and that person is, for the purposes of clause 7 (3) of that Title, involved in the matter or matters in question, the Vice-Chancellor may, either on application or of his or her own motion, appoint an alternate to act in that person's place.

2. No appointment under clause 1 above shall be effective unless it is made in writing, and a copy is delivered to the Registrar or, if the latter is involved in the matter or matters in question, to a Deputy Registrar. The Registrar or Deputy Registrar (as the case may be) shall ensure that notice of the appointment is given as soon as practicable to any other persons or bodies involved.

3. When the person referred to in clause 1 above is the Vice-Chancellor, the appointment under that clause shall be made by the Chancellor.

§ 6. Procedure under Tit. VIII, Sect. I, cll. 8–17

1. The meetings of the Visitatorial Board for the purpose of an inquiry under Tit. VIII, Sect. I, cl. 8 shall be held at such times and for such periods as may be convenient between the hours of 10 a.m. and 7 p.m.

2. All documents circulated or distributed in connection with any such inquiry shall be marked `Confidential' and shall be addressed to members of the board, and any other persons concerned, under sealed cover.

3. When notice is given under Tit. VIII, Sect. I, cl. 10 to the person concerned, the latter shall also be informed that under clause 11 of that section he or she has the right (a) to appear before the board to make his or her defence and (b) to be represented.

4. On the day fixed for the opening of the inquiry, the board may adjourn the inquiry if in its opinion such adjournment is necessary in order to enable the person concerned properly to prepare his or her defence, and for the same purpose the inquiry may be adjourned again for a further period or further periods; provided always that

(a) no one period of adjournment shall exceed twenty-one days; and

(b) if the person concerned fails to appear before the board on the day fixed for the resumption of the hearing, the board may (unless in its opinion that person's failure to appear was due to circumstances beyond his or her control) proceed with the hearing in that person's absence.

5. The board shall in every case cause statements of the evidence, sufficient to indicate its substance, to be supplied to the person concerned as promptly as may be possible; provided that it shall be at the discretion of the board to determine the form in which the statements, if they are not full transcripts, are presented.

6. The decision of the board shall be communicated in writing to the person concerned.'

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2 Status of Master of Arts

Mr Vice-Chancellor reports that the status of Master of Arts under the provisions of Ch. V, Sect. vi, cl. 1 (Statutes, 1995, p. 345) has been accorded to the following persons who are qualified for membership of Congregation:

CLAIRE RACHEL BROOKMAN, Careers Service

MIRIAM ANGELICA KARENA BURTON, Careers Service

ROBERT ANTHONY LEESE, St Catherine's College

JULIA HONOR NICHOLSON, Pitt Rivers Museum

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3 Register of Congregation

Mr Vice-Chancellor reports that the following names have been added to the Register of Congregation:

Brookman, C.R., MA status, Careers Service
Burton, M.A.K., MA status, Careers Service
Conlon, C.P., MA, New College
Green, R.M., MA, University
Leese, R.A., MA status, St Catherine's
Nicholson, J.H., MA status, Pitt Rivers Museum

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BOARDS OF FACULTIES

For changes in regulations for examinations, to come into effect on 9 August, see `Examinations and Boards' below.