University Acts

Contents of this section:

[Note. An asterisk denotes a reference to a previously published or recurrent entry.]

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CONGREGATION 21 October

Conferment of Honorary Degree

The Degree of Doctor of Letters, honoris causa, approved by Special Resolution of Congregation on 21 March 1995, was conferred upon ARTHUR MILLER (AB Michigan), Fellow of St Catherine's College and Cameron Mackintosh Visiting Professor of Contemporary Theatre.

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CONGREGATION 23 October

Degree by Special Resolution

No notice to the contrary having been received under the provisions of Tit. II, Sect. vi, cl. 6 (Statutes, 1995, p. 13), the following resolution is deemed to have been approved at noon on 23 October.

Text of Special Resolution

That the Degree of Master of Arts be conferred upon the following:

ELIZABETH JANE CRAWFORD, University College

SHERIDAN GOULD, MA status, Lady Margaret Hall

MARY JANE HILTON, Pembroke College

DAVID MICHAEL HODGSON, Oriel College

JOUNI TAPIO KUHA, Nuffield College

ROBIN ANTHONY MASON, Nuffield College

HELEN ELIZABETH RUSSELL, M.SC., Nuffield College

PETER SORENSEN, Nuffield College

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HEBDOMADAL COUNCIL 23 October

1 Decrees

Council has made the following decrees, to come into effect on 10 November.

List of the decrees:

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Explanatory note to Decrees (1)–(6)

No notice of opposition having been given, Mr Vice-Chancellor will declare carried, without holding the meeting of Congregation on 31 October, Statutes (2), changing the composition of the Ashmolean Visitors, (3), establishing an electoral board for the Directorship of the Ashmolean Museum, (4), abolishing the Delegates of University Police and establishing the Committee for the Proctors' Office, (5), changing the title of the Gladstone Professorship, (6), renaming the Professorship of European Law, and (7), establishing an American Standard Companies Professorship of Operations Management, which were promulgated on 10 October. Council has accordingly made the following decrees, which give effect to consequential changes.

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Decree (1)

1 In Ch. II, Sect. VI, §1, SCHEDULE, concerning official members of faculty boards (Statutes, 1993, p. 216, as amended by Decree (2) of 23 June 1994, Gazette, Vol. 124, p. 1286), under Law, after `European Law' insert `, Clifford Chance'.

2 In Ch. VII, Sect. I, §5. B, SCHEDULE A, concerning professorships (p. 359, as amended by the same decree), before `Professor of European Law' insert `Clifford Chance'.

3 Ibid., Sect. III, §138, title, concerning the Director of the Centre for the Advanced Study of European and Comparative Law and Professor of European Law (p. 425, as amended by the same decree, and subsequently renumbered by Decree (2) of 2 February 1995, Gazette, Vol. 125, p. 700), before `Professor of European Law' insert `Clifford Chance'.

4 Ibid., cl. 1, before `Professor of European Law' insert `Clifford Chance'.

5 Ibid., cl. 4, before `Professorship of European Law' insert `Clifford Chance'.

[Note. The provisions of the above decree have been incorporated into Statutes,, 1995, pp. 230, 369, 436–7, with a footnote to the effect that they were subject to the approval of Congregation.]

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Decree (2)

1 In Ch. II, Sect. VI, § 1, SCHEDULE, concerning official members of faculty boards (Statutes, 1995, pp. 230 and 231), under Modern History and Social Studies, in each case after `Government' delete `and Public Administration'.

2 In Ch. VII, Sect. I, § 5. B, SCHEDULE A, concerning professorships (p. 369), after `Gladstone Professor of Government' delete `and Public Administration'.

3 Ibid., Sect. III, § 87, title, concerning particular professorships (p. 414), delete `and Public Administration'.

4 Ibid., delete cl. 1 and substitute:

`1. The Gladstone Professor of Government shall lecture and give instruction in empirical politics, and shall promote generally the study of that subject in the University.'

5 Ibid., cl. 2 (p. 415), insert new items (5) and (6) as follows, renumber existing items (5) and (6) as items (7) and (8), and delete existing item (7):

`(5), (6) two persons appointed by the General Board;'.

6 Ibid., insert item (9):

`(9) a person elected by the Sub-faculty of Politics.'

7 Clauses 1–4 of this decree shall be effective from 1 October 1996; clauses 5 and 6 shall have immediate effect.

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Decree (3)

1 In Ch. II, Sect. VI, §1, SCHEDULE, concerning official members of faculty boards (Statutes, 1993, p. 217), under Social Studies, after `Management Studies, Peter Moores.' insert:

`Operations Management, American Standard Companies.'

2 In Ch. VII, Sect. I, §5. B, SCHEDULE A, concerning professorships (p. 359), after `Peter Moores Professor of Management Studies.' insert:

`American Standard Companies Professor of Operations Management.'

3 Ibid., Sect. III, concerning particular professorships (p. 429, as renumbered by Decree (2) of 23 June 1994 and Decree (2) of 14 July 1994, Gazette, Vol. 124, pp. 1286, 1352), insert new §149 as follows and renumber existing §§149–59 (pp. 429–32, as renumbered by the same decrees and by Decree (1) of 19 May 1994 and Decree (2) of 16 March 1995, Gazette, Vol. 124, p. 1122; Vol. 125, p. 888) as §§150–60:

§149. American Standard Companies Professor of Operations Management

1. The University accepts with deep gratitude the munificent benefaction provided by the American Standard Companies Inc. to establish a Professorship of Operations Management which shall be known as the American Standard Companies Professorship of Operations Management.

2. The American Standard Companies Professor of Operations Management shall lecture and give instruction in Operations Management.

3. The professor shall be elected by an electoral board consisting of:

(1) the Vice-Chancellor or, if the head of the college specified in (2) of this clause is Vice-Chancellor, a person appointed by Council;

(2) the head of the college to which the professorship shall for the time being be allocated by Council under any decree in that behalf, or, if the head is unable or unwilling to act, a person appointed by the governing body of the college;

(3) a person appointed by the governing body of the college specified in (2) of this clause;

(4) a person appointed by Council;

(5), (6) two persons appointed by the General Board;

(7) a person appointed by the Board of the Faculty of Social Studies;

(8), (9) two persons appointed by the Committee for the School of Management Studies.

4. The professor shall be subject to General Provisions of the decree concerning the duties of professors and to those Particular Provisions of the same decree which are applicable to this chair.'

[Note. The provisions of the above decree have been incorporated into Statutes,, 1995, pp. 232, 369, 442, with a footnote to the effect that they were subject to the approval of Congregation.]

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Decree (4)

1 In Ch. III, Sect. XI, § 1 (Statutes, 1995, p. 255), delete cl. 5 and substitute: `5. The Visitors shall set up a departmental committee, the membership of which shall be confined to academic staff working in the museum. The balance between elected and ex officio members (and the method of election of the former and the definition of the latter), and the provision (if any) for co-opted members, shall be subject to the approval of the General Board, which may modify a particular provision touching these matters if it shall think fit on grounds of general university policy. The function of the committee shall be to advise the director on all matters affecting the museum, with particular reference to annual estimates, allocation of resources and accommodation, and appointments of academic-related staff. Meetings shall be held not less often than once a term and minutes shall be kept of each meeting.'

2 Ibid. (p. 256), delete cl. 13 and renumber existing cl. 14 as cl. 13.

3 This decree shall be effective from 1 January 1996.

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Decree (5)

In Ch. III, Sect. XI, § 2 (Statutes, 1995, p. 257), insert cl. 5:

`5. The Director shall be elected by an electoral board consisting of:

(1) the Vice-Chancellor, or, if the head of the college with which the directorship is on that occasion associated is Vice- Chancellor, a person appointed by Council;

(2) the head of the college with which the directorship is on that occasion associated or, if the head is unable or unwilling to act, a person appointed by the governing body of the college;

(3) a person appointed by the governing body of the college specified in (2) of this clause;

(4) a person appointed by Council;

(5), (6) two persons appointed by the General Board;

(7)–(9) three persons appointed by the Visitors of the Ashmolean Museum.'

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Decree (6)

1 In Ch. III (Statutes, 1995, p. 310), insert new Sect. LXIII as follows and renumber existing Sectt. LXIII–LXVII (pp. 310–16) as Sectt. LXIV–LXVIII:

`Section LII. Proctors' Office, Committee for the

1. There shall be a Committee for the Proctors' Office which shall comprise:

(1) the Vice-Chancellor or his or her nominee, who shall be chairman;

(2), (3) the Proctors;

(4) the Chairman of the University Security Committee;

(5), (6) two members appointed by Council, at least one of whom shall be a former Proctor.

Those elected under (5)–(6) shall hold office for a period of five years and shall be eligible for re-election, provided that a casual vacancy shall be filled for the remainder of the period of office of the person being replaced.

2. The committee shall meet as frequently as business dictates.

3. The committee shall be responsible for ensuring that the Proctors' Office is organised and operates in a way which provides adequate support for the Proctors and the Assessor, and shall represent the interests of the Proctors' Office on a continuing basis within the University.

4. The committee shall, under Council, have control of any moneys placed at its disposal by Council for the staffing and running of the Proctors' Office and shall have responsibility for any staff appointed against such moneys, including such persons as the Vice-Chancellor may think fit to appoint as Constables under the powers reserved to the Chancellor or Vice-Chancellor in section 23 of the Oxford Police Act, 1881. The committee shall also be responsible for meeting the expenses of Special Constables appointed by the Chancellor and Vice-Chancellor and expenses incurred by the Proctors in connection with their duties.

5. The committee shall be responsible for the appointment, induction, appraisal, and career development of the Clerk to the Proctors, who shall have the general responsibility under the Proctors for the supervision and the direction of the staff of the office except for those members of staff, including the Constables, for whom responsibility is allocated by the Proctors to the University Marshal.

6. The committee shall be available for consultation on an informal basis by the Proctors.'

2 Ibid., delete Sect. LXXXIV, concerning the Delegates of University Police (p. 329), and renumber existing Sect. LXXXV as Sect. LXXXIV.

3 This decree shall have immediate effect, provided that the initial periods of office of the first members of the Committee for the Proctors' Office shall be so phased as to ensure a regular subsequent rotation of appointments.

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Explanatory note to Decree (7)

The following decree puts in place procedures for the determination of cases arising out of alleged medical incapacity, in accordance with the provisions of Tit. XVI, Part IV, cl. 22 (5) (Statutes, 1995, p. 166).

Decree (7)

In Ch. XI, Sect. II (Statutes, 1995, p. 696), insert new § 3 as follows and renumber existing §§ 3 and 4 (pp. 696–8) as §§ 4 and 5:

`§3. Medical Boards

1. When a Medical Board is appointed to determine a case referred to it under Tit. XVI, Part IV, cl. 22 (3), the appropriate officer for the purposes of that part 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 Vice-Chancellor shall discharge the board and a new board shall be appointed in accordance with the provisions of Tit. XVI, Part IV, cl. 22.

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

(1) 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 accordance with Tit. XVI, Part IV, cl. 21 (4);

(2) the person appointed to present the case to the board.

(a) Preparation

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.

6. The person appointed to present the case to the board shall send to the secretary of the board a written statement of the case together with copies of any relevant medical and other evidence (which shall include any medical evidence submitted by or on behalf of the person concerned), 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. The board may at any time before determining the case require the person concerned to undergo medical examination at the University's expense.

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 to substitute alternative arrangements for the hearing.

8. When a hearing has been arranged, the secretary of the board shall ensure that, not less than twenty-one days (or such shorter period as may be agreed with the person presenting the case and with the person concerned) before the date appointed for the hearing, notice of the hearing is sent to the person concerned, and to his or her representative (if any). The notice shall include:

(1) copies of Title XVI and of this sub-section, attention being drawn to the right of representation by another person, to the right of attendance, to the right to call and cross-examine witnesses, and to the right to produce documents and other written submissions; and

(2) a statement of the case, together with copies of all the written material referred to in clause 6 above.

9. It shall be the duty of the person presenting the case to make any necessary arrangements for the summoning of witnesses and the production of documents, and generally for the proper presentation of the case to the board.

(b) Hearing

10. The person presenting the case shall not, without the prior consent of the board, introduce any witness or documentary evidence of which notice has not already been given in accordance with clause 6 above. If such consent is given, the hearing shall be adjourned to enable the person concerned to consider the proposed testimony or further evidence and respond to it, and to introduce further evidence in support of the response.

11. A case shall not be determined without an oral hearing at which the person concerned is entitled to be present together with any representative, save as is provided in clause 12 below. Any hearing of or in connection with any case before a Medical Board shall take place in camera.

12. 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.

13. 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.

14. 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 a 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 the board may nevertheless be postponed or adjourned at the discretion of the chairman.

(c) Determination

15. 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 in so satisfying itself.

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

17. The board's decisions shall be recorded in a document signed by the chairman which shall also contain:

(1) the board's medical findings;

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

(3) 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 Title XVI, Part V, concerning Appeals, together with sub-section 4 of this section, accompanies the copy of the document sent to the person concerned.

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

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Decree (8)

Notwithstanding the provisions of Ch. VIII, Sect. I, § 6, cl. 3 (a) (Examination Decrees, 1995, p. 1049), Dr M.E. Roberts, St Catherine's, shall not be required to pay a composition fee in respect of his studies for the degree of D.Phil. in Trinity Term 1995.

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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:

SYLVIA MONICA BROWN, Keble College

JOHN RODNEY CLEMENTS, University Offices

MARIAN ELIZABETH HARRINGTON, St Hilda's College

DAVID JOHN PICKETTS, Somerville College

KIMBERLY ANN WATSON, D.PHIL., Linacre College

FRANCES MYFANWY WRIGHT, Worcester College

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3 Register of Congregation

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

Bjorken, J.D., MA, Balliol
Brown, S.M., MA status, Keble
Clements, J.R., MA status, University Offices
Crawford, E.J., MA, University
Edwards, C.W., MA, D.Phil., Lincoln
Eltis, S.A., MA, D.Phil., St John's
Griffiths, C.V.J., MA, Wadham
Harrington, M.E., MA status, St Hilda's
Hilton, M.J., MA, Pembroke
Hodgson, D.M., MA, Oriel
Kuha, J.P., MA, Nuffield
Mason, R.A., MA, Nuffield
Maw, D.N., MA, Queen's
Picketts, D.J., MA status, Somerville
Russell, H.E., MA, M.Sc., Nuffield
Sidebottom, E., BM, MA, D.Phil., St Hilda's
Sorensen, P., MA, Nuffield
Watson, K.A., MA status, D.Phil., Linacre
Wright, F.M., MA status, Worcester