University Agenda

Contents of this section:

[Note. An asterisk denotes a reference to a previously published or recurrent entry.]
  • * Note on procedures in Congregation
  • * List of forthcoming Degree Days
  • * List of forthcoming Matriculation Ceremonies

    Return to Contents Page of this issue


    CONGREGATION 24 March

    Notice

    The meeting of Congregation is cancelled. The sole business comprises questions to which no opposition has been notified and in respect of which no request for an adjournment has been received, and Mr Vice-Chancellor will accordingly declare the preambles adopted and the special resolutions carried without a meeting under the provisions of Tit. II, Sect. iii, cl. 11 (Statutes, 1997, p. 8).

    Return to List of Contents of this section


    CONGREGATION 28 April 2 p.m.

    ¶ Members of Congregation are reminded that written notice of any intention to vote against the preambles of the following statutes, signed by at least two members of Congregation, must be given to the Registrar by noon on Monday, 20 April (see the Guide to Procedures in Congregation cited in the note at the end of `University Agenda').

    Promulgation of Statutes

    Statute (1): Revision of Title XIII, concerning university discipline

    Explanatory note

    In Michaelmas Term 1996 Council referred the report of the University's Committee to Review Disciplinary Procedures and the interim report of the Harassment Review Committee to the Conference of Colleges for the Conference's views on the various recommendations. The Conference in turn set up a small working party under the chairmanship of the Principal of St Hugh's to consider the reports. The report of that working party was considered by Council's General Purposes Committee in Michaelmas Term 1997. In the light of consideration of the various recommendations made, a substantial revision of the provisions of Title XIII has been undertaken.

    The purpose behind the following amended statute is four-fold. First, to enable greater congruence of action between the University and colleges by the adoption of common definitions and offences (although it is appreciated that not all colleges will necessarily wish to adopt the model by-laws put forward by the Conference of Colleges Working Party). Secondly, and in line with recommendations contained in the report prepared for the CVCP in 1994 (the Zellick Report), the range of offences has now been widened to include violent and offensive behaviour and misuse of drugs. Thirdly, and again in line with recommendations contained in the Zellick Report, the amendments are intended to clarify the University's procedures.

    Fourthly, the amendments are intended to replace the regulation on harassment with two new offences in Title XIII. The first of these is the offence, recommended by Zellick, of `violent, indecent, disorderly, threatening, or offensive behaviour or language' which will catch any substantial act of harassment. The second new offence is one of harassment, to catch behaviour where, while a particular incident might not individually attract disciplinary censure, repeated incidents cause offence and may warrant disciplinary action.

    (1) WHEREAS it is expedient, in the light of the review undertaken by the University of its disciplinary procedures, to revise Title XIII of the Statutes, NOW THE UNIVERSITY OF OXFORD, in exercise of the powers in that behalf conferred upon it by the Universities of Oxford and Cambridge Act, 1923, and of all other powers enabling it, ENACTS, subject to the approval of Her Majesty in Council, AS FOLLOWS.

    Delete Title XIII (Statutes, 1997, pp. 97–105) and substitute:

    `TITLE XIII

    OF UNIVERSITY DISCIPLINE

    (This Title is a `Queen-in-Council' statute—see Title XIV, Section VII.)

    1. For the purposes of this Title, the following words shall have the following meanings:

    (a) `college' shall include any of the societies recognised in Title VII;

    (b) the term `Junior Member' shall include both a member of the University who has not been admitted to membership of Convocation, and a member of the University who has been admitted to Convocation but who is registered as a student, or as a candidate, for a degree or diploma of the University;

    (c) `expulsion' by the University shall mean the permanent loss of membership of the University and college (and where college statutes or by-laws so provide, loss of membership of the University shall also mean loss of membership of the college concerned);

    (d) `banning' by the University shall mean a withdrawal of the rights of access to specified premises or facilities for a fixed period or pending the fulfilment of certain conditions;

    (e) `rustication' by the University shall mean the withdrawal of the right of access to the premises or facilities of the University for a fixed period or pending the fulfilment of certain conditions;

    (f) `suspension' by the University shall mean a withdrawal of the right of access as in (e) above where action is taken as an interim measure pending further investigation, or where action is required in a non-disciplinary situation. Such withdrawal may be for a limited period pending the fulfilment of certain conditions, or may be indefinite;

    (g) `in a university context' shall mean any of the following:

    (i) on university/college premises;

    (ii) in the course of university activity in Oxford, be it academic, sporting, cultural, or social;

    (iii) in the course of university-based activities outside Oxford, such as field trips, laboratory or library work, or sporting, musical, or theatrical tours;

    ( h) an `offence' shall be any breach of clause 2 below, breaches of the regulations and rules covering the dress of Junior Members, the use of libraries, or conduct in examinations, breaches of any regulations or rules relating to clubs, publications, and motor vehicles, breaches of any regulations made by the Rules Committee, or breaches of any rule referred to in clause 6 below;

    (i) `harassment' shall mean a course of unwarranted behaviour such as to cause and as may reasonably be expected to cause such distress or annoyance as seriously to disrupt the work or substantially to reduce the quality of life of another person.

    2.

    (a) No member of the University shall in a university context intentionally or recklessly

    (i) disrupt or attempt to disrupt teaching or study or research or the administrative, sporting, social, or other activities of the University, or disrupt or attempt to disrupt the lawful exercise of freedom of speech by members, students, and employees of the University and by visiting speakers, or obstruct or attempt to obstruct any employee or agent of the University in the performance of his or her duties;

    (ii) damage or deface any property of the University or of any college or of any member, officer, or employee of the University or of any college, or knowingly misappropriate such property;

    (iii) occupy or use or attempt to occupy or use any property or facilities of the University or of any college except as may be expressly or impliedly authorised by the university or college authorities concerned;

    (iv) forge or falsify any university certificate or similar document or knowingly make false statements concerning standing or results obtained in examinations;

    (v) engage in any activity likely to cause injury or to impair safety;

    (vi) engage in violent, indecent, disorderly, threatening, or offensive behaviour or language;

    (vii) engage in any dishonest behaviour in relation to the University or the holding of any university office;

    (viii) refuse to disclose his or her name and other relevant details to an officer or an employee or agent of the University or of any college in circumstances where it is reasonable to require that that information be given;

    (ix) use, offer, sell, or give to any person drugs, the possession or use of which is illegal;

    (x) engage in the harassment of any member, visitor, employee, or agent of the University or of any college.

    (b) Every member of the University shall, to the extent that such provisions may be applicable to that member, comply with the provisions of the Code of Practice on Freedom of Speech issued from time to time by Council pursuant to the duty imposed by Section 43 of the Education (No. 2) Act 1986 and duly published in the University Gazette.

    3. There shall be a Rules Committee, the constitution and powers of which shall be as set out in Schedule I hereto.

    4. Alleged breaches of clause 2 above shall be dealt with in the following manner:

    (a) In the case of a Senior Member of the University who is an employee of the University, complaints shall be made to the Registrar, who shall invoke the relevant procedures under Title XVI, Part III.

    (b) In the case of a Senior Member of the University who is not an employee of the University and who is not registered as a student for a degree or diploma of the University, complaints shall be made to the Registrar, who shall notify the relevant authority.

    (c) In the case of a Junior Member, alleged breaches shall be dealt with by the procedure set out below.

    5. A penalty of suspension or rustication imposed by a college shall apply also to university premises and facilities, subject to a right of appeal in writing to the Proctors, who shall have discretion to hear oral representations from the Junior Member concerned. Where the Proctors are satisfied that there are special circumstances, they may permit the Junior Member concerned to continue to have access to university premises and facilities, with or without conditions as to such access.

    6. The Proctors shall have power, if they consider the matter urgent, to make rules to cover a matter not covered by clause 2 above or by any other provision. Such rules shall have immediate effect, and shall be published. Any exercise of this power shall be reported at once to the Rules Committee, and the rule shall lapse unless the Rules Committee confirms it by a regulation, in the same or substantially the same terms, made and published in the University Gazette within three weeks of Full Term from the day the rule was made by the Proctors. If the rule is not confirmed, it shall none the less have effect from the time at which it was made until the time the Rules Committee decides not to confirm it, or until it lapses, whichever is the earlier.

    7. The Proctors shall have the duty of taking such steps as they may consider necessary to enforce and prevent breaches of clause 2 above, the regulations made by the Rules Committee, and the regulations, rules, or other provisions covering the matters referred to in clause 6 above; and to identify those responsible when an offence has been committed. They shall have the power to summon any member of the University before them to assist them in their inquiries, and failure to attend without reasonable cause shall be an offence under clause 2 (a) (i) above.

    8. If the Proctors believe that there is prima facie evidence that an offence has been committed they shall, if they decide to proceed,

    (a) if the alleged offender is a Senior Member, inform him or her in writing of the offence alleged against him or her and that the charge will be brought to the attention of the Registrar, who shall invoke the relevant procedures under Title XVI, Part III if the Senior Member is an employee of the University, and who shall in any other case notify the relevant authority;

    (b) if the alleged offender is a Junior Member, inform him or her in writing of the alleged offence and summon him or her before them. In the event of non-compliance, they may rusticate the Junior Member concerned. In the event that the Junior Member notifies the Proctors in writing that he or she proposes to opt for a hearing before the Disciplinary Court, the Proctors may dispense with his or her personal attendance.

    9.

    (a) When a Junior Member attends under clause 8 above, the Proctors shall

    (i) if the offence is a minor offence, inform the person charged that the offence will be dealt with by them;

    (ii) in any other case, offer the person charged the choice between having the charge dealt with by them and having it dealt with by the Disciplinary Court. If in their opinion the circumstances of the case so warrant, the Proctors may refuse to deal with the charge and may instead refer it for consideration by the Disciplinary Court.

    (b) An offence shall be treated as a minor offence when the Proctors are satisfied that they should, if the charge were proved, not impose expulsion, rustication, or a monetary penalty exceeding the sum set out in (c) below.

    (c) The maximum financial penalty excluding damages which may be imposed in the case of a minor offence shall be £60, and in any other case shall be £1,000.

    (d) From 1 October 1998 the maximum penalties shall be fixed every three years by Council by a decree to be published with the University's financial decrees, provided always that any increase in the amount shall not exceed the increase over the preceding three years in the Retail Price Index.

    10. The Disciplinary Court shall be constituted in accordance with the provisions of Schedule II hereto.

    11. If the alleged offence is one for which the alleged offender is liable to be prosecuted in a court of law, the Proctors shall not proceed, if at all, unless they are satisfied either that any criminal proceedings in respect of that act or conduct have been completed, whether by conviction or acquittal or discontinuance of the proceedings, or that the alleged offender is unlikely to be prosecuted in a court of law in respect of that act or conduct.

    12. In the event that criminal proceedings are pending or that the Proctors are of the opinion that action is necessary to safeguard the interests of other members of the University, the Proctors shall be entitled to suspend the alleged offender from some or all of the premises or facilities of the University pending the outcome of such criminal proceedings or hearing before the Proctors or the Disciplinary or Appeal Court. A Junior Member suspended in this way for more than seven days shall have a right of appeal to the Vice-Chancellor or to his of her duly authorised deputy.

    13. In the event that a Junior Member has been convicted of a criminal offence of such seriousness that an immediate term of imprisonment might have been imposed (and whether or not such a sentence was in fact imposed on the Junior Member), the Proctors shall have power to expel such Junior Member or to impose such lesser penalty as they think fit, subject to a right of appeal to the Disciplinary Court.

    14. If the offence is to be dealt with by the Proctors, the person charged shall have the right to have the proceedings adjourned so that he or she may prepare his or her defence. The Proctors and the person charged may call witnesses (and failure by a member of the University to attend when summoned shall, unless there was reasonable cause for such failure, be an offence under clause 2 (a) (i) above) and may question any witness. The person charged may bring any member of Congregation to help him or her in his or her defence. If the Proctors find the charge proved, they may, subject to the provisions of clause 9 above, impose such penalty as they think fit.

    15. There shall be no appeal from decisions taken by the Proctors on minor offences unless the Junior Member concerned is given leave to appeal by the Chairman of the Disciplinary Court.

    16. The Disciplinary Court shall hear

    (a) appeals from decisions taken by the Proctors under clause 14 above, on offences where the person charged elected to have the case dealt with by the Proctors, or from decisions taken on minor offences where leave has been given under clause 15 above;

    (b) cases of offences where the person charged or the Proctors have elected to have the case dealt with by the Disciplinary Court.

    17. Where a case is referred for hearing before the Disciplinary Court, the person charged shall be given the choice of a hearing in public or in private, and with or without two Junior Members sitting on the court under the provisions of clause 1 of Schedule II.

    18. Notice of intention to appeal under clause 16 (a) above must be lodged with the Proctors within seven days of the Proctors' decision and specify whether the appeal is against verdict or penalty, or both. The appellant must in addition state within fourteen days of the Proctors' decision the grounds for his or her appeal, whether he or she wishes two Junior Members to sit on the Disciplinary Court under the provisions of clause 1 of Schedule II, and whether he or she wishes the Disciplinary Court to sit in public.

    19. In the case of appeals under clause 16 (a) above, the Proctors and the Chairman of the Disciplinary Court shall have power to suspend the application of a penalty pending the outcome of an appeal against the imposition of that penalty.

    20. Subject to the provisions of this statute, the Disciplinary Court shall determine its own procedure and shall be empowered to make interlocutory orders on procedural matters. It shall also have power to strike out an appeal on the grounds of non-prosecution.

    21. In any case before the Disciplinary Court, the person charged may be represented by any person he or she chooses (including, if he or she so wishes, a barrister or solicitor engaged in professional practice).

    22. The Chairman of the Disciplinary Court shall be empowered to act alone in uncontentious procedural or technical matters.

    23. (a) In the case of a hearing under clause 16 (a) above, the Disciplinary Court, if it finds the case proved, may confirm, reduce, or increase the penalty imposed by the Proctors, and the Disciplinary Court's decision in such cases shall be final.

    (b) In the case of a hearing under clause 16 (b) above, the Disciplinary Court, if it finds the case proved, may impose such penalty as it thinks fit.

    24. The Disciplinary Court may reach a decision by a simple majority of members present and voting.

    25. The Disciplinary Court shall sit in private unless the person charged asks that the hearing be held in public.

    26. In all cases coming before the Disciplinary Court, the onus of proof shall lie on the Proctor bringing the charge, and the burden of proof shall be to the civil standard. He or she and the person charged may call witnesses, may be represented by anyone they choose (including, if they so wish, a barrister or solicitor engaged in professional practice), and may cross-examine any witness. Failure by a member of the University to attend when summoned to appear before the Court as defendant or witness, unless after inquiry the Court is satisfied that there was reasonable cause for such failure, in the case of a Junior Member shall be summarily punishable by the Court by fine, suspension from membership of the University, or rustication, on such terms as the Court may think fit; and in the case of a Senior Member shall be punishable by making a complaint to the Registrar, who shall invoke the relevant procedures under Title XVI, Part III. The person charged shall be given a reasoned decision in writing.

    27. In the case of conviction by the Disciplinary Court under clause 16 (b) above, the person convicted may appeal, against sentence or conviction or both, to an Appeal Court, which shall be constituted in accordance with the provisions of Schedule III hereto.

    28. The Chairman of the Disciplinary Court or of the Appeal Court may suspend the application of a penalty pending the outcome of an appeal against the imposition of that penalty under clause 23 (b) above.

    29. No witnesses or new evidence shall be allowed (unless the Appeal Court is satisfied that a serious miscarriage of justice might otherwise result, in which event it may either hear and act upon such new evidence or remit the case to be heard again by the Disciplinary Court), but the Proctor bringing the charge and the appellant may be represented by any person they choose (including, if they so wish, a barrister or solicitor engaged in professional practice). The Appeal Court, if it affirms the decision of the Disciplinary Court, may confirm or reduce the penalty imposed by the Disciplinary Court, and its decision shall be final. The appellant shall be given a reasoned decision in writing.

    30. The Clerk of the Disciplinary Court shall be responsible in all cases under clause 16 (b) above for keeping such records as may be required should there be an appeal under Clause 23 (b) above. Written notice of an appeal under clause 23 (b) above must be lodged with the Clerk within a week of the Disciplinary Court's decision, and when lodging the appeal the appellant must state whether he or she wishes the appeal to be held in public, and whether he or she wishes to be represented by a solicitor or barrister engaged in professional practice. The Clerk shall at once inform the Vice-Chancellor, who shall thereupon appoint another member of the panel set up under clause 6 of Schedule II below, to make the necessary arrangements for the hearing of the appeal and to act as Clerk of the Appeal Court.

    31. The Appeal Court may reach a decision by a simple majority of members present and voting. If any one vacancy shall occur in the Appeal Court after the hearing of a case has begun, the remaining members may, if they think fit, complete that hearing and decide upon it.

    32. Subject to the provisions of this statute, the Appeal Court shall determine its own procedure.

    33. The Appeal Court shall sit in private unless the appellant asks that the hearing be held in public.

    34. In the event of any dispute or uncertainty, and notwithstanding the provisions of Title I, the Appeal Court shall be empowered to interpret Statutes, Decrees, and Regulations as they bear on cases before it.

    35. If during a hearing before the Disciplinary Court or the Appeal Court the conduct of any person is disorderly or otherwise in breach of clause 2 above in respect of the Court, the Court shall, if he or she is a Junior Member of the University, have summary power to fine, suspend from membership of the University, or rusticate him or her, on such terms as the Court may think fit, and if he or she is a Senior Member of the University, have power to make a complaint to the Registrar, who shall invoke the relevant procedures under Title XVI, Part III. A Junior Member of the University convicted under this clause shall be given a reasoned decision in writing.

    36. (a) In the case of conviction by the Disciplinary Court acting in the exercise of the summary powers conferred on it under clauses 26 and 35 above, the person convicted may appeal against conviction or against a monetary penalty exceeding the amount of the maximum penalty which the Proctors may impose for minor offences under clause 9 (c) above or against a sentence of rustication or suspension of membership of the University, or against both conviction and such sentence, to an Appeal Court constituted as under Schedule III below. The appellant may be represented by any person he or she chooses (including, if he or she so wishes, a barrister or solicitor engaged in professional practice). Written notice of such an appeal must be lodged with the Clerk of the Disciplinary Court within seven days from such conviction, and when lodging the appeal the appellant must state whether he or she wishes the appeal to be held in public and whether he or she wishes to be represented by a solicitor or barrister engaged in professional practice. The Clerk shall at once inform the Vice-Chancellor, who shall thereupon appoint another member of the panel set up under clause 6 of Schedule II below, to make the necessary arrangements for the hearing of the appeal and to act as Clerk of the Appeal Court, which shall hear the appeal according to whatever procedure the Court shall think fit. If the Appeal Court affirms the conviction, the Court may confirm or reduce the penalty imposed by the Disciplinary Court, and its decision shall be final. The appellant shall be given a reasoned decision in writing. Notwithstanding the right of appeal hereby conferred, the Disciplinary Court shall (unless satisfied that a serious miscarriage of justice might otherwise result) continue the hearing of the case during which the offence summarily punished was committed.

    (b) In the case of conviction by the Appeal Court acting in the exercise of the summary powers conferred on it under clause 35 above the person convicted may apply in writing to the High Steward within seven days from such conviction for leave to appeal against conviction or against a monetary penalty exceeding a sum equivalent to twice the amount of the maximum penalty which the Proctors may impose for minor offences under clause 9 (c) above or against a sentence of rustication or suspension from membership of the University or against both conviction and such sentence. If he or she allows the application, the High Steward (or any person being a barrister or solicitor of not less than five years' standing, and not being a member of the Appeal Court, whom the High Steward shall nominate as his or her deputy) shall hear the appeal according to whatever procedure the High Steward (or his or her deputy) shall think fit. If the High Steward (or his or her deputy) affirms the conviction, he or she may confirm or reduce the penalty imposed, and his or her decision shall be final. Notwithstanding any application for leave to appeal (whether or not granted), the Appeal Court shall (unless satisfied that a serious miscarriage of justice might otherwise result) continue the hearing of the appeal during which the offence summarily punished was committed.

    37. The Proctors shall at the end of Hilary Term in each year make a report to Congregation giving the number and kinds of offences dealt with during the year by them, by the Disciplinary Court, and by the Appeal Court, and giving the number and kinds of penalty imposed.

    38. At the conclusion of a hearing before the Disciplinary or the Appeal Court, the court shall be empowered to direct the University to pay costs to the Junior Member; the amount of such costs shall be at the discretion of the Court concerned.

    39. (a) Where any fine is imposed upon a Junior Member, whether by the Proctors under clause 14 above or by the Disciplinary Court under clauses 23, 26, and 35 above or by the Appeal Court under clause 35 above, it shall be paid within seven days whether or not an appeal is pending, and in the event of non-payment the Proctors or the Disciplinary Court or the Appeal Court, whoever or whichever imposed the fine, may rusticate the Junior Member.

    (b) Fines or any damages imposed by the Proctors shall be paid through the Clerk to the Proctors and fines or any damages imposed by the Disciplinary Court or the Appeal Court shall be paid through the respective Clerks of the Courts.

    SCHEDULE I

    Rules Committee

    1. There shall be a Rules Committee consisting of:

    (1) the Senior Proctor (or in his or her absence the Junior Proctor), who shall act as chairman;

    (2), (3) the two persons who will be Proctors in the following year;

    (4), (5) two College Deans appointed by a special meeting to which each college or other society included in Title VII except the Permanent Private Halls shall be entitled to send two representatives;

    (6) one member of Congregation appointed by Council;

    (7), (8) two Junior Members (who must at the time they take up office have been matriculated for at least three terms) elected by the Council of the Oxford University Student Union from among its members;

    (9), (10) two Junior Members (who must at the time they take up office have been matriculated for at least three terms) elected by the Executive of the Oxford University Student Union not necessarily from among its members;

    (11), (12) two Junior Members elected by the Graduate Committee of the Oxford University Student Union from among its members.

    The members under (4)–(6) shall hold office for three years, and shall not be eligible for reappointment until the expiry of three years from the date on which their period of office expires. The members under (7)–(12) shall hold office for one year and shall not be eligible for reappointment under (7)–(12). If a member under (4)–(12) dies or resigns or leaves the University during his or her period of office, his or her place shall either be filled for the remainder of his or her period of office by the body which appointed him or her or (if the appointing body shall so decide) be left vacant. If he or she dies or resigns or leaves the University before the expiry of one-half of his or her period of office, the rules about re-eligibility shall apply to his or her successor as if his or her successor had served for a full period; otherwise the rules shall not apply. Except in the case of casual vacancies, the members under (4)–(12) shall take up office on the Wednesday in the week after the end of Michaelmas Full Term.

    2. The Rules Committee shall make regulations for the conduct of Junior Members governing such matters as it shall think fit, except that it shall not make regulations

    (a) covering matters covered by clause 2 of Title XIII above;

    (b) covering the dress of Junior Members, the use of libraries, or conduct in examinations.

    3. The Rules Committee shall in each Hilary Term review the regulations of the committee in force and shall make any amendments or new regulations it considers necessary before the end of each Hilary Full Term. Any such amendments or new regulations shall be published as having effect from the beginning of the following Michaelmas Full Term. The Proctors shall arrange for all the regulations of the committee to be printed, and for copies to be sent to each college and other society for distribution to all Junior Members on first coming into residence. The committee shall not make or amend regulations at other times except for regulations confirming a rule made by the Proctors under clause 6 of Title XIII above.

    4. Any six members shall constitute a quorum for meetings of the Rules Committee. In the case of equality of votes at any meeting at which not all members are present, the matter shall be adjourned until a further meeting. If at this further meeting the voting is still equal, or if there is an equality of votes at a meeting at which all members are present, the chairman shall have a casting vote.

    Return to List of Contents of this section


    SCHEDULE II

    Disciplinary Court

    1. The Disciplinary Court shall consist of three members of Congregation, not being Proctors or persons who will be Proctors in the following year or persons who have been Proctors during the preceding five years, except that two Junior Members appointed in the way laid down in clause 4 below shall also be members of the Court if the person charged so wishes and Junior Members so appointed consent to serve.

    2. The three Congregation members of the Disciplinary Court shall hold office for two years. Of the two members of the Court other than the chairman one shall retire at the beginning of each Trinity Term. In the case of these two members the Rules Committee shall in each Hilary Term draw up a list of ten names from which the Registrar shall by lot

    (a) fill the vacancy that will arise at the beginning of the following Trinity Term;

    (b) fill any ad hoc vacancy that may arise through the inability or refusal of a member to attend any particular hearing;

    (c) fill any vacancies that may arise through any member dying, resigning, or leaving the University; a person so appointed shall hold office for the remainder of the period of the person whom he or she replaces.

    3. The High Steward shall appoint the chairman of the Disciplinary Court, to serve for two years, from amongst members of Congregation who are barristers or solicitors of at least five years' standing or who have judicial experience, provided that if the chairman is unable to attend on any occasion the High Steward, or if he or she is unable to act the Vice-Chancellor, shall appoint a member of Congregation who is a barrister or solicitor of at least five years' standing or who has judicial experience to act for him or her on that occasion. If a vacancy arises through the chairman dying or resigning or ceasing to be a member of Congregation before the completion of his or her period of office, the person next appointed shall hold office for the remainder of the period of the person whom he or she replaces.

    4. The Junior Members of the Disciplinary Court under clause 1 above shall hold office for one year from the beginning of Trinity Term. The Rules Committee shall in each Hilary Term draw up a list of ten names from which the Registrar shall by lot

    (a) fill the vacancies that will arise at the beginning of the following Trinity Term;

    (b) fill any ad hoc vacancy that may arise through the inability or refusal of a member to attend any particular hearing;

    (c) fill any vacancies that may arise through any member dying, resigning, or leaving the University; a person so appointed shall hold office for the remainder of the period of the person whom he or she replaces.

    5.

    (a) If any member of the Disciplinary Court is prevented from attending after a hearing has begun, the remaining members may complete that hearing and reach a decision. If more than one vacancy in a Court originally of three members, or more than two vacancies in a Court originally of four or five members, shall arise, the proceedings shall start afresh.

    (b) Whenever any case, the hearing of which has already begun, is still outstanding at the beginning of Trinity Term, any member or members of the Disciplinary Court then retiring in accordance with the provisions of clauses 2 and 4 above shall, notwithstanding those provisions, continue to serve as a member or members of the Disciplinary Court for the purpose of such a case until the hearing thereof has been completed, a decision reached, and a reasoned decision given in writing.

    6. The Disciplinary Court shall always have a Clerk of the Court, who shall be appointed by the Vice-Chancellor from a panel of four names, consisting of solicitors practising in Oxford or members of Congregation who have practised as barristers or solicitors, drawn up by the Rules Committee in each Hilary Term.

    Return to List of Contents of this section


    SCHEDULE III

    Appeal Court

    1. There shall be an Appeal Court which shall consist of:

    (1) the High Steward as chairman, provided that if he or she is unable to attend on any occasion he or she, or, if he or she is unable to act, the Vice-Chancellor, shall appoint a person who is a barrister or solicitor of at least five years' standing to act for him or her;

    (2), (3) two persons other than the Vice-Chancellor and Proctors appointed for each occasion by Council, not necessarily from its own number, in the absence of the Proctors and any members of the Disciplinary Court who are at the time members of Council.'

    Return to List of Contents of this section


    Statute (2): Establishment of Andreas Idreos Professorship of Science and Religion

    Explanatory note

    Dr Andreas Idreos has offered the University the sum of £1.1m which, together with the sum of £200,000 obtained from other sources, will endow a Professorship of Science and Religion. The following statute, and the decree to be made by Council if the statute is approved, accept this munificent benefaction and establish the Andreas Idreos Professorship of Science and Religion accordingly.

    (2) WHEREAS it is expedient to establish an Andreas Idreos Professorship of Science and Religion, for which a munificent benefaction has been offered, THE UNIVERSITY ENACTS AS FOLLOWS.

    In Tit. XIV, Sect. II, cl. 1 (Statutes, 1997, p. 111), after `Boden Professorship of Sanskrit' insert: `Andreas Idreos Professorship of Science and Religion'.

    Return to List of Contents of this section


    Decree to be made by Council if the Statute is approved

    1 In Ch. II, Sect. VI, § 1, SCHEDULE, concerning official members of faculty boards (Statutes, 1997, p. 246), under Theology, after `Philosophy of the Christian Religion, Nolloth' insert: `Science and Religion, Andreas Idreos'.

    2 In Ch. VII, Sect. I, § 5. B, SCHEDULE A, concerning professorships (p. 393), after `Boden Professor of Sanskrit' insert: `Andreas Idreos Professor of Science and Religion'.

    3 Ibid., Sect. III, concerning particular professorships (p. 507), insert new § 292 as follows and renumber existing §§ 292–302 (pp. 507–13, as renumbered by Decree (2) of 11 December 1997, Gazette, p. 498) as §§ 293–303:

    `§ 292. Idreos Professor of Science and Religion

    1. The University accepts with deep gratitude the benefaction from the late Dr Andreas Idreos, together with any further sums received for the same purpose, for the establishment of the Andreas Idreos Professorship of Science and Religion.

    2. The Andreas Idreos Professor of Science and Religion shall engage in advanced study and research and shall lecture and give instruction in questions raised for Theology by the Natural and Human and Social Sciences, and the impact of Theology on the Natural and Human and Social Sciences.

    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 be for the time being 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)–(9) three persons appointed by the Board of the Faculty of Theology.

    4. The professor shall be subject to the 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.'

    Return to List of Contents of this section


    Statute (3): Vinerian Scholarship

    Explanatory note

    Following a review of the BCL and the M.Jur. (see Decree (3) of 19 March 1998 in `University Acts' above), Council has agreed, on the recommendation of the Law Board, that in addition to a prize for the best overall performance in the BCL, there should also be provision for a single proxime accessit award. The following statute provides accordingly. At the same time opportunity is taken to remove gender-discriminatory language from the existing statute.

    (3) WHEREAS it is expedient to establish a proxime accessit award in addition to the Vinerian Scholarship for work of the highest merit in the BCL, the university enacts as follows.

    1 In Tit. XV, Sect. VI, cl. 2 (Statutes, 1997, p. 125), after `One Vinerian Scholarship' insert `and one award of proxime accessit'.

    2 Ibid., delete `shall be such sum,' and substitute: `and proxime accessit award shall be set at such sums, together'.

    3 Ibid., after `the scholar' insert `and proxime accessit award winner'.

    4 Ibid., delete `his election' and substitute `their election'.

    5 Ibid., cl. 3, delete `his work renders him' and substitute `his or her work renders the candidate'.

    6 Ibid., cl. 3, after `election to the scholarship.' insert `The award of proxime accessit shall be awarded by the examiners for the Degree of Bachelor of Civil Law to the candidate whose work in the examination for that degree is of the second highest merit if in their opinion his or her work renders the candidate worthy of the award.'

    Return to List of Contents of this section