Oxford University Gazette, 23 September 2004: University Agenda

University Agenda

Contents of this section:

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

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CONGREGATION 5 October 12 noon

Due to the need to carry out urgent repairs to the ceiling of the Sheldonian Theatre, the meeting of Congregation will be held in the Univesity Church of St Mary the Virgin, High Street.

1 Retiring Vice-Chancellor's Oration

Mr Vice-Chancellor will address the House.

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2 Admission of Vice-Chancellor for 2004–9

J.A. HOOD, MA, M.PHIL. (BE, PH.D. Auckland), will be admitted to office as Vice-Chancellor for five years from October 2004.

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3 Admission of Pro-Vice-Chancellors

The following persons will be nominated by the Vice-Chancellor to be his deputies for the year 2004–5 and will be admitted to office:

W.D. MACMILLAN, MA (B.SC., PH.D. Bristol), Fellow of Hertford College (Academic)

PROFESSOR P.A. SLACK, MA, D.PHIL., Principal of Linacre College (Academic Services and University Collections)

PROFESSOR S.D. IVERSEN, MA, D.PHIL., D.SC. (MA, PH.D., SC.D. Cambridge), Fellow of Magdalen College (Planning and Resource Allocation)

SIR PETER NORTH, CBE, QC, DCL, Principal of Jesus College

R.G. SMETHURST, MA, Provost of Worcester College

DAME FIONA CALDICOTT, DBE, BM, B.CH., MA, Principal of Somerville College

PROFESSOR A.M. CAMERON, CBE, MA (PH.D. London), Warden of Keble College

SIR ALAN BUDD, MA, D.PHIL. (B.SC. London, PH.D. Cambridge), Provost of Queen's College

PROFESSOR R.W. AINSWORTH, MA, D.PHIL., Master of St Catherine's College

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4 Admission of Clerks of the Market

W. HAYES, MA, D.PHIL. (M.SC., PH.D. Dublin), Honorary Fellow of St John's College, nominated by the Chancellor, and M.H. KEEN, MA, D.PHIL., FBA, FSA, F.R.HIST.S., Emeritus Fellow of Balliol College, nominated by the Vice-Chancellor, will be admitted to office as Clerks of the Market for the year 2004–5.

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CONGREGATION 12 October 2 p.m.

¶ Members of Congregation are reminded that written notice of any intention to vote against, or any proposed amendment to, the statute at item 1 below, to the proposed changes in Congregation regulations at item 2 below, or to the resolution at item 3 below, signed in each case by at least two members of Congregation, must be given to the Registrar by noon on Monday, 4 October (see the note on the conduct of business in Congregation at the end of `University Agenda').

1 Voting on Statute: University Discipline

Explanatory note

The following changes, promoted by Council on the recommendation of the Committee on the University Statutes and Regulations, amend the existing Statute concerning University discipline in the light of further experience of the new disciplinary procedures which came into effect on 1 October 2002.

Section 1 provides that a student member who is banned, rusticated or suspended under Statute XI is debarred from entering or participating in any University examination unless a University Court otherwise orders. Section 2 enlarges the membership of the Appeal Court from two members to five members.

Section 3 provides for action to be taken in the event that a breach of the disciplinary regulations relating to conduct in examinations is neither intentional nor reckless.

WHEREAS it is expedient to amend certain existing provisions in the statute concerning University discipline, THE UNIVERSITY ENACTS AS FOLLOWS.

[Note: new wording is indicated by underlining.]

1 In Statute XI, concerning University Discipline (Supplement (1) to Gazette No. 4633, 9 October 2002), as amended on 21 January 2003 (Gazette, Vol. 133, p. 663), 18 May 2004 (Gazette, Vol. 134, pp. 966–7) and 29 June 2004 (Gazette, Vol. 134, p. 1144), in Part A delete existing section 1 and substitute as follows:

`1. (1) In this statute unless the context otherwise requires the following words and expressions shall have the following meanings:

(a) for the purposes of this statute and of any regulations made under this statute, the words "member of the University" or "student member" mean any person so defined under the provisions of Statute II or any other person who, though not a member or student member under those provisions, is a candidate for any university examination;

(b) "ban" means withdraw the right of access to specified premises or facilities of the University for a fixed period or pending the fulfilment of certain conditions;

(c) "college" means any college, society, or Permanent Private Hall recognised by or established under Statute V;

(d) "expel" means deprive a member permanently of his or her membership of the University;

(e) "harassment" means unwanted and unwarranted conduct towards another person which has the purpose or effect of:

(i) violating that other's dignity; or

(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for that other; (f) "in a university context" means any of the following:

(i) on university or college premises;

(ii) in the course of university activity within or outside Oxford whether academic, sporting, social, cultural, or other;

(g) "rusticate" means withdraw the right of access to the premises and facilities of the University for a fixed period or until the fulfilment of specified conditions;

( h) "suspend" means withdraw the right of access referred to in sub-section (g) above for a fixed or indeterminate period or until the fulfilment of specified conditions where action is taken as an interim measure pending further investigation, or where action is taken under the statutes or regulations for non-disciplinary reasons.

(2) Unless a University court otherwise orders a student member who is banned, rusticated or suspended under this Statute shall not for so long as the ban suspension or rustication is in force be entitled to enter or participate in any University examination for the award of any degree, diploma, certificate or prize or other award of the University or any qualifying examination for entry into such examination.

(3) For the purposes of sub-section (2) above "examination" includes the submission and assessment of a thesis, dissertation, essay, practical work, or other coursework and any other exercise which is not undertaken in formal examination conditions that counts towards or constitutes the work for a degree or other academic award.'

2 Ibid., in Part B, in section 26(1), delete the word `two' and insert the word `five'.

3 Ibid., in Part C, in section 32, insert a new sub-section (3) as follows and renumber existing sub-sections (3)–(4) as (4)–5):

`(3) If it appears to the Proctors after due investigation that a student member has committed a breach of the regulations referred to in section 6(2) above (disciplinary regulations relating to conduct in examinations) but are satisfied that the breach is neither intentional nor reckless they may remit the case to the examiners with a recommendation that they do one or more of the following:

(a) reduce the mark awarded to any piece of work;

(b) award no mark to or disregard any piece of work;

(c) substitute an alternative mark for any piece of work;

(d) reduce by one or more classes any degree classification;

(e) permit a student member to re-sit an examination or resubmit a piece of work on such conditions as they think fit;

(f) award a pass degree instead of an honours degree.'

Regulations to be made by Council if the Statute is approved

In Council Regulations 37 of 2002, concerning appeals to the Appeal Court, (Supplement (2) to Gazette No. 4630, 24 July 2002, p.1526) renumber existing regulation 1.4 as 1.4(1) and insert new sub-sections 1.4(2) and (3) as follows:

[Note: new wording is indicated by underlining.]

`(2) the High Steward shall invite each member of the Appeal Court in rotation to hear and determine an application for permission to appeal and any subsequent appeal sitting alone.

(3) the application and any subsequent appeal shall be heard by the first member of the Court who is able to accept the High Steward's invitation.'

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2 Voting on Changes in Congregation Regulations: Conduct of Business in Congregation

Explanatory note

The following changes to Parts 1–4 of Congregation Regulations 2 of 2002 (Supplement (1) to Gazette No. 4633, 9 October 2002, p.160) aim to clarify and streamline some of the procedures in the light of experience.

[Note: new wording is indicated by underlining.]

Congregation Regulations 2 of 2002

REGULATIONS OF CONGREGATION FOR THE CONDUCT OF BUSINESSS IN CONGREGATION

Made by Congregation on 5 March 2002

PART 1: Definitions and General Provision for Meetings

1.1. In these regulations:

(1) references to `members' are references to members of Congregation; and

(2) the expression `a legislative proposal' means a proposal made by Council under section 1 (1) or (2) of Statute IV to amend or repeal a statute or add to the statutes.

1.2. Meetings of Congregation shall be held on Tuesday in each of the first, second, fourth, sixth, and eighth weeks in each Full Term, on the second Tuesday after each Full Term and at such other times as the Chancellor or Vice-Chancellor may determine.

1.3. If there is no business for a meeting it shall be cancelled.

1.4. Notice of every meeting of Congregation and of the business to be conducted at it shall be published by the Registrar in the University Gazette not later than the day specified in the relevant Part of these regulations.

1.5. (1) A notice published under regulation 1.4 above must state a period, beginning with the date of the notice, within which notice of opposition to any item of business or of a proposed amendment must be given or a request for an adjournment must be made by any member.

(2) If no notice of opposition is given amendment proposed or request for an adjournment made by at least two members the provisions of section 7 of Statute IV shall apply and the meeting may be cancelled.

1.6. When—

(1) a legislative proposal is made; or (2) a regulation is proposed under section 1(2) of Statute IV; and

(3) the passing of the proposal or the making of the regulation will involve additional expenditure from University funds Council shall either in the notice of the proposal or in a separate notice published with it state whether the expenditure can be met without the curtailment of existing services or of services for which money has already been allocated.

Adjournments

1.7. The discussion of a question at a meeting of Congregation may be adjourned in accordance with regulations 1.8–1.12 below.

1.8. In the case of any question on the agenda for a meeting in respect of which a notice of objection must under any statute or regulation be given before the meeting of Congregation any twenty members of Congregation may, not later than noon on the eighth day before a meeting of Congregation, give notice in writing to the Vice-Chancellor that they request the adjournment of that question.

1.9. (1) Whenever a request is received under regulation 1.8 above, the Vice-Chancellor shall refer it to the Proctors, who shall decide whether or not it shall be granted.

(2) The Proctors' decision shall be published in the University Gazette not less than four days before the meeting of Congregation to which the question or questions concerned was or were originally due to be submitted.

(3) If the Proctors decide that the request shall not be granted, any two members of Congregation may, by rising in their places at the meeting, demand that a vote be taken on whether or not the question or any of the questions in respect of which the request was submitted shall nevertheless be adjourned; and, if such a demand is made, the Chairman shall, after any debate on the question of adjournment, put that question to the vote in accordance with the provisions of regulation 1.11 below.

1.10. Consideration of any question adjourned under the provisions of regulation 1.8 above shall be resumed at the next meeting of Congregation (or at such later meeting as the Chairman may determine), and the Registrar shall give not less than five days' notice in the University Gazette that the debate will be resumed.

1.11. (1) At any meeting of Congregation the Chairman may at any time propose the adjournment of the House.

(2) The motion shall be put immediately, and, if it is carried, the House shall be adjourned.

(3) After any meeting has lasted two full hours the Chairman shall have the power of adjourning the House without question put.

(4) Any adjournment of the House under this regulation shall be to the following day, unless the Chairman shall fix another day.

1.12. No question shall be adjourned more than once.

Speaking at meetings

1.13. No member of Congregation shall without leave of the Chairman speak more than once on any item, except that the mover of an item shall have the right to reply at the close of the debate on that item.

1.14. If the Chairman considers that a speaker's remarks are irrelevant to the question concerned, the Chairman may direct the speaker to confine his or her remarks to that question, and the speaker shall comply with the Chairman's direction.

1.15. (1) Any student member, as defined in section 4 of Statute II, may speak at a meeting of Congregation, if called upon to do so by the Chairman at the Chairman's discretion.

(2) The Vice-Chancellor may make rules governing speaking by student members in Congregation. [See Gazette 10 June 2004]

(3) The Chairman may, nevertheless, at any time terminate a debate on the floor of the House and proceed to the final speeches and the taking of a vote.

1.16. Council may make rules governing the circulation of flysheets on matters before Congregation, or Convocation in regard to the election of the Professor of Poetry, or relating to matters of general interest to the University. [See Gazette 10 June 2004]

Correction of errors, slips, and omissions

1.17. If the Vice-Chancellor is satisfied that the text of a legislative proposal made or passed under Part 2 or of a resolution proposed or passed under Part 3 of these regulations contains a clerical error or other accidental slip or omission, he or she may, after consultation with the Registrar and the Proctors, correct the error, slip, or omission without further reference to Congregation, and the correction made shall be as fully effective as an amendment duly passed under the Part in question.

PART 2: Legislative Proposals

2.1 The provisions of this Part in addition to those of Part 1 shall apply to legislative proposals.

2.2. Every legislative proposal to be submitted to Congregation shall be preceded by a preamble shortly stating the principle of the measure.

2.3. The Registrar shall publish in the University Gazette notice of every legislative proposal not less than nineteen days before the date of the meeting at which it is to be considered.

2.4. Any two members may not later than noon on the eighth day before the date of the meeting:

(1) give notice in writing to the Registrar that they intend to vote against the proposal in question; or

(2) submit to the Registrar in writing a proposed amendment signed by the mover and seconder; or

(3) both.

2.5. (1) If no notice is given or amendment proposed in accordance with regulation 2.4 above, the legislative proposal in question shall unless Council has decided otherwise be declared at the conclusion of proceedings on it to be passed without question put.

(2) Paragraph (1) of this regulation does not exclude or limit the exercise of the Vice-Chancellor's powers under section 7 of Statute IV.

2.6. The Vice-Chancellor shall report to Council all amendments which in his or her judgement are not inconsistent with or irrelevant to the principle of the proposal in question as stated in the preamble, and Council shall forward them to Congregation together with any amendments which Council itself may propose.

2.7. All amendments forwarded to Congregation under regulation 2.6 above, and any notice of opposition given under regulation 2.4, shall be published by the Registrar in the University Gazette not less than four days before the date of the meeting at which the legislative proposal is to be considered.

First meeting

2.8. At the first meeting at which the legislative proposal is considered Congregation may:

(1) pass the legislative proposal; or

(2) reject it; or

(3) approve or reject amendments to it which have been duly proposed in accordance with regulations 2.4, 2.6, and 2.7 above.

2.9. Where an amendment is proposed the Chairman in consultation with the Proctors shall decide:

(1) whether each amendment is a true amendment or in substance an alternative proposal;

(2) whether, if more than one amendment is proposed, the amendments are inconsistent with each other or may be taken cumulatively; and

(3) in the light of (1) and (2) above the order in which they should be put to the vote.

2.10. (1) If amendments to a legislative proposal are approved by Congregation under regulation 2.8 above, the proposal in question shall be republished in the University Gazette and printed so as to show the amendments made, and there shall be further proceedings on it at a second meeting in accordance with regulations 2.11–2.16 below.

(2) If amendments have been proposed but are rejected or under regulation 2.17 below have lapsed, Congregation may then at the first meeting pass or reject the legislative proposal in the form in which it was originally proposed.

Second meeting

2.11. The second meeting shall take place on a date to be fixed by the Chairman which is at least fourteen days after the date on which the amendments were passed.

2.12. The Registrar shall publish notice of the second meeting in the University Gazette at least eleven days before the date on which those proceedings are due to take place.

2.13. At any time before the date fixed for the second meeting under regulation 2.11 above Council may propose further amendments or submit to Congregation the choice between contradictory or inconsistent provisions which may have been introduced into the legislative proposal.

2.14. All proposals or submissions made by Council under regulation 2.13 above shall be published by the Registrar in the University Gazette not less than four days before the meeting at which they are to be considered.

2.15. On the date fixed for the second meeting under regulation 2. 11 above Congregation may:

(1) accept or reject any amendments proposed under regulation 2.13 above; and

(2) if any amendment has been approved, accept or reject the legislative proposal as amended by that amendment.

2.16. If an amended legislative proposal is approved by Congregation under regulation 2. 15 (2) above, the amended proposal shall come into effect.

Other provisions

2.17. Any amendment proposed under any of the preceding regulations which is not moved and seconded in Congregation shall lapse.

2.18. A legislative proposal made by Council under section 1 (1) of Statute IV may be withdrawn by Council at any time.

2.19. At any meeting of Congregation the Chairman shall have the right to withdraw a legislative proposal made under section 1 (1) of Statute IV at any time before it has been submitted to a vote, and Council may resubmit the proposal to Congregation at a subsequent meeting.

2.20. Council shall not be entitled to reintroduce a legislative proposal which has been rejected by Congregation earlier than the beginning of the fourth term after the term in which it was rejected.

2.21. A statute shall come into effect on the date on which it is approved by Congregation, or (if it is so approved) on such later date as may be specified in that statute, or (where applicable) on the date on which it is approved by Her Majesty in Council, whichever is the latest.

Voting

2.22. (1) The rules for voting on any legislative proposal are as follows.

(2) In the case of:

(a) a proposal made by Council under section 1 (1) of Statute IV, or

(b) a proposal which Council is instructed to make under section 1 (2) of Statute IV which is supported by or acceptable to Council, or

(c) an amendment which is proposed or supported by or acceptable to Council,

the proposal or amendment shall be deemed to have been passed unless at least 125 members vote against it and constitute a majority against it.

(3) All other proposals made under this Part shall be determined by a simple majority.

(4) The rules for the casting of votes and postal voting set out in Part 4 of these regulations apply to legislative proposals.

Part 3: RESOLUTIONS

3.1. This Part applies to resolutions submitted under section 1 (2) of Statute IV by twenty or more members of Congregation that Council should be instructed to make legislative proposals, and to all other resolutions which are not legislative proposals.

Resolutions for the suspension of statutory procedures

3.2. Council or any twenty or more members of Congregation may at any time submit a resolution providing for the suspension of the operation of sections 5–7 of Statute IV or any regulations made by Congregation under them including these regulations.

3.3. (1) A resolution proposed under regulation 3.2 above shall be published in the University Gazette not less than four days before the meeting at which it is to be moved.

(2) The resolution shall contain both a reference to any statute or regulation to be suspended and a statement of the procedure to be followed if the suspension is approved. 3.4. If the resolution is published not less than nineteen days before it is to be moved, Council may include in the notice of the resolution a requirement that any member who intends to oppose the resolution must, by noon on the eighth day before the meeting at which the resolution is to be moved, give notice in writing to the Registrar of his or her opposition.

3.5. If notice is received under regulation 3.4 above from at least two members in respect of a resolution for which Council has imposed such a requirement, the Registrar shall publish that notice in the University Gazette not less than four days before the meeting.

3.6. (1) If no notice is received under regulation 3.4 above, the resolution shall unless Council has decided otherwise be declared by the Chairman at the conclusion of proceedings on it to be carried without question put.

(2) A resolution proposed with less than nineteen days' notice shall not be moved if twenty or more members signify their objection by rising in their places after the resolution has been read by the Registrar.

(3) Paragraph (1) of this regulation does not exclude or limit the exercise of the Vice-Chancellor's powers under section 7 of Statute IV.

3.7. Council shall be bound by the vote on a resolution providing for the suspension of the operation of statutes or regulations.

Other resolutions

3.8. Council or any twenty or more members of Congregation may at any time submit a resolution on any topic.

3.9. If a resolution is submitted by twenty or more members, the Vice-Chancellor may rule that resolution inadmissible:

(1) if it is not in his or her opinion on a topic concerning the policy or administration of the University; or

(2) if it relates to a particular college, society, or Permanent Private Hall, or (subject to paragraph (1) above) to a particular person other than the Vice-Chancellor.

3.10. For the purposes of regulation 3.9 above a resolution calling upon Council or any other body or person to propose, amend, or repeal a regulation shall be deemed to concern the policy or administration of the University.

3.11. Notice of a resolution proposed by twenty or more members, signed by all the members concerned, shall be delivered to the Registrar not later than noon on the twenty-second day before any stated meeting of Congregation at which they propose to move it.

3.12. Subject to the provisions of regulation 3.3 above and of regulation 3.13 below, notice of a resolution shall be published in the University Gazette not less than nineteen days before the meeting of Congregation at which it is to be moved.

3.13. (1) A resolution submitted by Council conferring a Degree by Resolution under the provisions of Part 7 of these regulations shall be published in the University Gazette and shall be deemed to have been approved without opposition at noon on the fourth day after the day on which it was published, unless by that time the Registrar has received notice in writing from two or more members that they wish the resolution to be put to a meeting of Congregation.

(2) If such notice is received, Council may either withdraw the resolution (in which case the Registrar shall publish notice of this withdrawal in the University Gazette) or republish the resolution not less than four days before it is to be moved in Congregation.

Amendments to resolutions

3.14. (1) Any two members may propose an amendment to any resolution, except a resolution submitted under the provisions of regulation 3.2 or regulation 3.13 above.

(2) Notice of any such amendment, signed by the proposer and seconder, shall be delivered to the Registrar not later than noon on the eighth day, and published in the University Gazette not later than five days, before the meeting of Congregation at which the resolution is to be moved.

3.15. Members proposing an amendment under the provisions of regulation 3.14 (1) above shall state whether or not they would oppose the resolution if their amendment were rejected.

3.16. (1) If an amendment is proposed under regulation 3.15 above, Council may decide that proceedings on the resolution and the proposed amendment shall be adjourned to a meeting of Congregation held not less than fourteen days after the meeting at which the resolution was originally to be moved under regulation 3.11 above.

(2) (a) If proceedings have been adjourned under paragraph (1) above, Council may also, by publication of a notice in the University Gazette not later than the twelfth day before the meeting of Congregation to which the proceedings have been adjourned, require that any two members who intend to vote against the amendment shall give notice in writing to the Registrar of that intention not later than the eighth day before the meeting to which the proceedings have been adjourned.

(b) Notice received under sub-paragraph (a) above shall be published by the Registrar in the University Gazette not later than the fourth day before the meeting.

(3) Unless notice of opposition has been received under paragraph (2) above, and unless Council has decided that the proposed amendment is unacceptable to it, Council may publish a notice to that effect in the University Gazette not later than the fourth day before the meeting; in which case:

(a) the amended resolution shall, at the conclusion of any proceedings on the amendment and the resolution, be declared by the Chairman to be carried without question put; or

(b) Council may nevertheless decide that a division shall be taken on the amended resolution at the conclusion of those proceedings.

Amendments acceptable to Council which are unopposed

3.17 If—

(1) no notice of opposition to an amendment has been received under regulation 3.16(2) above; and

(2) Council decides that the amendment proposed is acceptable to it

Council may publish a notice to that effect in the University Gazette not later than the fourth day before the meeting.

(3) In a case to which paragraph (1) of this regulation applies

(a) the amended resolution shall, at the conclusion of any proceedings on the amendment and the resolution, be declared by the Chairman to be carried without question put; or

(b) Council may nevertheless decide that a division shall be taken on the amended resolution at the conclusion of those proceedings.

Voting on amendments

3.18 Where an amendment is proposed the Chairman in consultation with the Proctors shall decide

(1) whether each amendment is a true amendment or in substance an alternative proposal;

(2) whether, if more than one amendment is proposed, the amendments are inconsistent with each other or may be taken cumulatively; and

(3) in the light of (1) and (2) above the order in which they should be put to the vote.

3.19 (1) At the conclusion of any debate and voting on any proposed amendments, the resolution shall be put.

(2) If an amendment has been carried, the resolution as finally amended shall be put to the House as a substantive resolution, and the proposer of the resolution shall have the right to speak first in the debate on the amended resolution.

(3) If all amendments have been rejected or have lapsed, the unamended resolution in the form in which it was originally proposed shall be put without further debate.

Opposition to resolutions

3.20 (1) Except in the case of resolutions to which regulations 3.2–3.6 and 3.13 above apply, any two members may, not later than noon on the eighth day before the meeting at which the resolution is to be moved, give notice in writing to the Registrar that they intend to oppose the resolution; or Council may instruct the Registrar to give notice that the resolution is unacceptable to Council.

(2) Such notice (whether of opposition by members or of unacceptability to Council) shall be published by the Registrar in the University Gazette not less than four days before the meeting.

(3) If such notice has not been given, and unless Council has decided otherwise, the resolution shall, at the conclusion of proceedings on it, be declared by the Chairman to be carried without question put.

Resolutions and amendments which lapse

3.21 Except in the case of a resolution declared carried without question put under the provisions of regulation 3.16 above or regulation 3.20 below, any resolution or amendment to a resolution which is not moved and seconded in Congregation shall lapse.

Obligations of Council

3.22 (1) Except in cases to which regulation 3.2 or regulation 3.13 above apply, if a resolution is:

(a) carried on a division with at least 125 members voting in favour, or

(b) carried without a division at a meeting at which at least 125 members are present on the floor of the House at the time when the resolution is declared by the Chairman to have been carried, or

(c) declared by the Vice-Chancellor to have been carried without holding the meeting under the provisions of section 7 of Statute IV, Council shall be bound, not later than the eighth week of the Full Term after the term in which the resolution is carried, to submit to Congregation a legislative proposal, or to make a regulation, or to take any other action it considers appropriate, as the case may be, in order to give effect to the resolution.

(2) For the purposes of paragraph (1) (b) above, the Proctors shall, whenever a resolution is carried without a division, certify the number of members present on the floor of the House [See regulation 4.3 below] at the time when the resolution is declared by the Chairman to have been carried.

3.23 (1) If Council is required by a resolution of Congregation to make a regulation under regulation 3.22 above, the regulation shall be put to Congregation for approval.

(2) Such a regulation shall be published in the University Gazette not less than nineteen days before the meeting, and amendments may be proposed under the same procedure as that laid down for amendments to resolutions in regulations 3.14–3.19 above.

PART 4: Voting

Votes at meetings of Congregation

4.1. (1) Every vote in Congregation shall be taken immediately after the close of the debate (if any) on the question concerned, unless that question has been adjourned under regulation 1.7 or regulation 1.8 in Part 1 of these regulations.

(2) Every question shall be settled by a simple majority (with the Chairman having a second or casting vote in the case of an equality of votes) except where the statutes or regulations provide otherwise. 4.2. (1) When any question has been put to Congregation by the Chairman he or she may direct that a division be taken, or may announce that in his or her opinion the proposal is accepted or rejected, as the case may be.

(2) If the Chairman's opinion so declared is challenged by at least six members rising in their places, he or she shall direct that a division be taken.

4.3. For the purposes of any regulation which refers to the number of members present `on the floor of the House', that expression shall, in the case of a meeting held in the Sheldonian Theatre, mean the Area and Semicircle of the Theatre.

Postal votes

4.4. (1) Any question decided or resolution carried or rejected at a meeting of Congregation shall, in the absence of provision to the contrary in the statutes and regulations, be submitted for confirmation or rejection to a postal vote of the members if, not later than 4 p.m. on the sixth day after that meeting,

(a) Council so decides, or

(b) the question has been decided, or the resolution has been carried or rejected on a division, at a meeting at which not fewer than twenty-five members were present on the floor of the House at the time when the division was taken and if a requisition for such a postal vote signed by at least fifty members is delivered to the Vice-Chancellor.

(2) For the purposes of paragraph (1) (b) above, the Proctors shall, whenever a division is taken at a meeting of Congregation, certify the number of members present on the floor of the House at the time of the division.

4.5. No decision taken, or resolution carried or rejected, by Congregation on a division otherwise than by a postal vote under regulation 4.4 above shall be deemed to be operative or to have been carried or rejected:

(1) before 4 p.m. on the sixth day after the meeting of Congregation at which the question was decided or the resolution carried or rejected; or

(2) where a postal vote is required to be taken under regulation 4.4 above, before the decision has been confirmed by that vote.

4.6. A postal vote shall not be taken on:

(1) any decision of Congregation relating to the adjournment of the House;

(2) a resolution approving the conferment of a degree of the University (including a Degree by Diploma or an Honorary Degree);

(3) an election under the provisions of Part 8 of these regulations;

(4) appointments or reappointments to the Vice-Chancellorship; or

(5) the presentation of the Vice-Chancellor's Oration or the Annual Review of the University under the provisions of Part 9 of these regulations.

4.7. The Registrar shall publish in the University Gazette a verbatim record (or if the Vice- Chancellor shall so decide, a summary record approved by the Vice-Chancellor) of the proceedings of Congregation relating to any question on which a postal vote is to be held under the provisions of regulation 4.4 above.

4.8. Where a question is submitted to a postal vote under the provisions of regulation 4.4 above the Vice- Chancellor may submit any other question decided at the same meeting of Congregation (whether decided on a division or not) to a postal vote at the same time if it appears to him or her that the questions are so related that they should be submitted for confirmation or rejection at the same time.

4.9. The procedure for the conduct of a postal vote shall be as follows.

(1) (a) The Registrar shall dispatch to every member, not less than four days before the day fixed by the Vice-Chancellor for the vote, a voting paper on which shall be specified the latest time by which it must be delivered to the Registrar.

(b) The time specified under (a) above shall not be earlier than seven days after the publication of the University Gazette referred to in regulation 4.7 above.

(2) The form of the voting paper (including the manner in which the question is to be put), and the method of recording votes, shall be prescribed by the Vice-Chancellor.

(3) If a postal vote requires votes to be cast on one or more amendments to a resolution in addition to the resolution itself, the sequence in which votes are to be cast in the postal vote shall, with such procedural explanation as may be necessary, follow the sequence in which votes were cast at the relevant meeting of Congregation.

(4) No postal vote shall be deemed to be invalid owing to misdirection or non-receipt of any voting paper.

(5) The Registrar shall be responsible for the counting of the votes, but the Vice-Chancellor and Proctors shall decide on the validity of any vote which, in the opinion of the Registrar, is in doubt.

(6) The result of the vote shall be published in the University Gazette.

4.10. (1) Any question submitted to a postal vote shall be determined by the majority of the votes cast, notwithstanding any provision of any statute or regulation relating to the number of persons required to vote for or against a proposal in order that it may be passed or rejected.

(2) In the event of an equality of votes the Vice-Chancellor shall have a second or casting vote.

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3 Voting on Resolution concerning the Review of Governance

Explanatory note

In Trinity Term 1999, Congregation approved thirteen resolutions covering the main points of principle of the changes in university governance which were subsequently implemented with effect from 1 October 2000.

Resolution 13 stated `that there should be a review of the operation of the new governance structure after five years with the remit and composition set out in para. 71(m) of the report' [of the Governance Working Party, i.e. the working party which was set up following the report of the Commission of Inquiry chaired by Sir Peter North to pursue the governance changes proposed in that report].

The terms of para. 71 (m) were that there should be a review after five years `to pay especial attention to [the] transparency, efficiency and democracy of the new governance structure, by a body consisting of members directly elected by Congregation for this purpose (two from each constituency), to be chaired by a retiring or recent Proctor.'

`Each constituency' in this context meant the three constituencies for elections by Congregation to Council, namely members of faculties in the natural sciences, in the humanities and social sciences and members of Congregation not nominated in a divisional capacity.

At its meeting on 13 September 2004, Council discussed this decision, bearing in mind developments since 1999, and agreed to seek Congregation's approval by a new resolution of more comprehensive terms of reference for the review, and for changes from those agreed by Congregation in the arrangements for the chairmanship, timing and method of appointment of the members of the review committee.

1. Terms of reference. Council believes that it would be desirable to spell out more fully the terms of reference of the review and the resolution below seeks to do this. It believes that the intention in 1999 was that attention should be focused on how the new system was working and whether relatively modest changes were needed. It does not believe that a root and branch review was intended (unless of course experience had shown that the new system did not work which, in Council's opinion, is not the case). The scope suggested is thus a review of the operation of the current structure with proposals for changes within the existing broad framework. Council has noted, however, that larger issues might arise. Discussions about university governance are taking place nationally, in the light of the Lambert Review of Business–University Collaboration and the Charities Bill. The review committee may have to take matters such as these into account if firm conclusions have emerged while it is in being, but it should concentrate as far as possible on the detailed workings of the present structure. It is also possible that broader issues will be raised by members of the University during the consultation process which Council believes must include the opportunity for all members of Congregation to make representations and for the report of the review to be put to Congregation for debate (see 4 below). The review committee must be open to these and provision is accordingly made in its terms of reference, but Council's assumption is that if fundamental questions of structure and organisation seem to the review to require substantive attention, the committee will have to report accordingly and ask Council how it wishes to pursue them.

2. Chairmanship. When the arrangements for review were approved by Congregation, it was not known that the next Vice-Chancellor would be appointed from outside the University. Council is clear that, given the appointment of Dr Hood who has had no part in the governance of the University since 2000, it would be proper for him to chair the review. Indeed, it might be argued that this is essential as part of his familiarisation with the University and to enable him to make an appropriate contribution to the work of the review committee on the basis of his wide-ranging experience. Council therefore asks Congregation to agree that Dr Hood should chair the review.

3. Timing. The resolution approved by Congregation in 1999 envisaged a review after five years. Council is clear that, given the appointment of Dr Hood with effect from Michaelmas Term 2004, it is essential for the review to take place during his first year of office and not delayed. It therefore proposes that the review should start as soon as possible. It is hoped that it can be completed well within the academic year 2004–5 (say by the beginning of Trinity Term) but time must be allowed for the necessary widespread consultation.

4. Method of appointment of members of the committee and number of members

Council acknowledges that the intention of Resolution 13 was to recognise the democratic ethos of the University through the direct election by Congregation of members of the review committee. It thinks it important, however, both to recognise developments since 1999, which seem to suggest that the constituencies agreed in Resolution 13 are not now entirely appropriate, and also to ensure that the committee should largely consist of those with relevant experience of the way in which the system has operated while not having borne significant central functional responsibility over the last four years. Council therefore wishes to propose to Congregation that it should submit names of members of the review to Congregation for approval rather than that they should be directly elected.

The developments since 1999 which should be taken into account are as follows. The first is that the number of external members of Council has been increased from two to four since the governance changes were first introduced. It is important in Council's view that this should be recognised by including one such member in the review committee and Council proposes that this should be Mr B. Taylor. The second is the various developments in university/college relations since 2000. It is arguable that this is one of the most important areas for examination by the review. Although the non-divisional constituency for elections to Council (one of the constituencies proposed for election to the review committee) can be seen to allow for college interests, Council thinks that the review should include the Chairman of the Conference of Colleges (the Principal of Somerville) explicitly to recognise the importance of the collegiate nature of the University.

Council is clear, bearing in mind the decisions made in 1999, that the current Senior Proctor (Dr J.F. Wheater) should serve on the review and that he should continue to serve in his personal capacity if the review had not completed its work by the end of his period of office as Proctor. Council then proposes that there should be two further members, drawn from those elected to Council by Congregation, namely Professor Womersley and Professor Burnett (i.e. one from the humanities and social science community and the other from the natural sciences). Both have extensive experience in various capacities within the University, Professor Womersley being chairman of a faculty board and a former Proctor and Professor Burnett (a new member of Council) being head of a major department.

The committee proposed by Council will thus consist of six people (i.e. the Vice-Chancellor plus five) rather than the seven envisaged under the 1999 Resolution).

In proposing that members should be nominated by Council and approved by Congregation rather than being directly elected by Congregation, Council is clear that it is all the more important that the review committee should consult very widely and in particular must give all members of Congregation the chance to make submissions. The report of the review committee should also be referred by Council to Congregation for discussion. These points are specifically provided for in the resolution below which, on the basis of the above explanatory note, Congregation is asked to approve.

Text of Resolution

That General Resolution 13 of 27 May 1999 (concerning the review of governance arrangements) be repealed and that the review of governance arrangements should take place in 2004–5 with the following membership and terms of reference.

1. Membership

Vice-Chancellor
Principal of Somerville
Senior Proctor (Dr J.F. Wheater)
Professor K. Burnett
Mr B. Taylor
Professor D.J. Womersley

2. Terms of reference

(a) Bearing in mind that the aims of the changes made in the University's governance arrangements in 2000 included

(i) the establishment of more effective decision-making;

(ii) the provision of an integrated approach to strategy in areas such as planning, resource allocation, educational policy and standards, and personnel, so that the University could respond swiftly, clearly and appropriately to new opportunities and new issues;

(iii) the devolution of more power and operational responsibility to subject areas, in line with the general principle of subsidiarity;

(iv) the enhancement of institutional accountability and transparency in decision- making; and

(v) the improvement of coordination and communications between the University and the colleges

the committee should review the operation since 2000 of the governance machinery of the University to determine whether these aims have been achieved and to make recommendations to Council in the first instance for changes where necessary. (b) The committee should pay particular attention

(i) to the terms of reference and constitution of Council, its major committees, the divisional boards, the Continuing Education Board and to the arrangements for Academic Services and University Collections;

(ii) to the links and relationship between these various bodies;

(iii) to the provision for college representation on university bodies and to the general arrangements for consultation between the University and the colleges and for the conduct of business where agreement between the University and the colleges is necessary.

(c) The committee should keep in mind as far as is possible broader issues which may arise (whether from internal comment or externally) about university governance, while giving priority to its work under (a) and (b) above.

(d) Bearing in mind the University's tradition of democratic accountability

(i) the committee should consult widely and in particular should offer all members of Congregation the opportunity to make submissions to it;

(ii) Council should refer the report of the committee to Congregation for debate.

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