University Gazette, 22 March 2007: University
CONGREGATION 24 April 2 p.m.
Members of Congregation are reminded that written notice of any intention to vote against, or any proposed amendment to, the legislative proposals below, signed in each case by at least two members of Congregation, must be given to the Registrar by noon on Monday, 16 April (see the note on the conduct of business in Congregation at the end of 'University Agenda').
Voting on Legislative Proposals
1 Amendment to Statute XI: University Discipline
The following amendment to Statute XI, promoted by Council on the recommendation of the Proctors, adds a new section to the Code of Discipline explicitly prohibiting members of the University from supplying model answers that could be used dishonestly in examinations.
WHEREAS it is expedient to amend Statute XI concerning University Discipline, to prohibit members of the University from supplying model answers that could be used dishonestly in examinations, THE UNIVERSITY ENACTS AS FOLLOWS.
In Statute XI concerning University Discipline (Supplement (1) to Gazette No. 4768, 3 May 2006) insert new section 2.(4) as follows:
'2.(4) No member of the University shall intentionally or recklessly:
(a) create or provide directly or indirectly for a candidate or candidates in any examination of this University or elsewhere material that constitutes a model intended to meet substantially or wholly the requirements of any exercise in that examination, and which, in part or in whole, could be submitted without attribution by an examination candidate in order to meet or to attempt to meet the requirements of the examination;
(b) enter into any agreement to act in breach of section 2.(4) (a) of this Code;
(c) assist or encourage directly or indirectly any person or persons to act in breach of sections 2. (4) (a), and 2. (4) (b) of this Code.'
2 Amendment to Statute XIII Part B: Student Members and Medical Incapacity
The following changes, promoted by Council on the recommendation of the Committee on the University Statutes and Regulations, repeal and replace Part B of Statute XIII concerning medical incapacity in student members of the University. The new statute aims to simplify the procedures such that a student who is seriously affected by ill health will be referred to the Occupational Health Service in the first instance which will then report to the relevant responsible body (college/department/faculty board, etc) which will then take a decision in the light of that report. Any appeals will be made to a medical board constituted as the present medical board. Regulations for the medical board, to be made by Council if the statute is approved, are set out below.
WHEREAS it is expedient to amend the current arrangements for dealing with medical incapacity in student members of the University, THE UNIVERSITY ENACTS AS FOLLOWS.
1 In Statute XIII, concerning Student Members: Other Provisions (Supplement (1) to Gazette No. 4633, 9 October 2002, Vol. 133, p. 126, as amended with effect from 15 October 2002 and from 14 October 2003, Gazette Vol. 133, p. 250; Vol. 134, p.139) delete existing Part B and substitute as follows:
'PART B: STUDENT MEMBERS AND MEDICAL INCAPACITY
13. This Part makes provision for the assessment of student members who appear to suffer a serious problem arising from ill-health.
14. Any information submitted or considered under this Part shall be regarded as strictly confidential and any person or body dealing with such information shall have due regard to the duty of confidentiality attaching to the information concerned.
15. For the purposes of this Statute there shall be a Medical Board comprising:
(1) a person nominated by Council;
(2) a person nominated by Council in consultation with the student member's College, Society or Permanent Private Hall;
(3) a medically qualified chairman nominated by the Regius Professor of Medicine.
16. If it appears that a student member is suffering a serious problem arising from ill-health, he or she may be referred to the University's Occupational Health Service by any of the following:
(1) The Proctors;
(2) Any Panel of the University established under section 8 of Statute XI;
(3) The student member's head of department or head of faculty or duly authorised deputy;
(4) The student member's head of college or duly authorised deputy.
17. The consideration of any disciplinary matter by the Proctors or a panel of the University shall be suspended when such a referral is made pending a determination under this Part.
18. The Occupational Health Service shall be responsible for the assessment of the student so referred and shall seek medical advice from the student member's General Practitioner and shall arrange for the student to have an independent medical examination, if necessary, at the University's expense.
19. Any request for a medical report from a student member's General Practitioner shall observe the provisions of the Access to Medical Reports Act 1988.
20. The Occupational Health Service, having considered the evidence available, shall produce a report setting out:
(1) whether or not the student member is suffering from a serious problem arising from ill-health and if so,
(2) whether the problem is such as to affect his or her capacity to continue his or her programme of study, with specific regard to the requirements and circumstances of that student member's study programme at the time of the report.
21. The report from the Occupational Health Service shall be regarded as strictly confidential.
22. The report from the Occupational Health Service shall be considered in the first instance by the head of department or chairman of faculty board in the case of a graduate student, or by the student's college in the case of an undergraduate student.
23. The Assessor or an appropriate person (or persons) appointed by him or her shall determine, in consultation with the head of department or chairman of faculty board and the college, whether the matter should be:
(1) dealt with by the department or faculty, which may:
(a) direct that no further action is required;
(b) determine that the student's continued residence be subject to such reasonable conditions as may be recommended by the Occupational Health Physician;
(c) suspend the student member (whether or not subject to conditions including conditions specifying the nature of the medical evidence required before any reinstatement can be considered) for a specified period, or for an indefinite period; or
(d) in any case where disciplinary proceedings have been adjourned, but the evidence suggests that the student member is not suffering from a serious problem relating to ill-health, refer the matter to the Proctors for the resumption of those proceedings;
(e) recommend that further medical evidence be obtained;
(2) dealt with by the college under procedures to be determined by the college.
24. The decision shall be communicated to the student in writing by the head of department, chairman of faculty board or college as appropriate.
25. If the student member wishes to appeal against the decision, he or she should have a right of appeal to the Medical Board.
26. The powers, duties and procedures of the Medical Board shall be set out by Council by regulation.
27. Any hearing under the procedure should be in private.
28. Where a student member's condition or conduct gives rise to a need for immediate action, the Proctors may suspend him or her forthwith pending further investigation, such suspension to be reviewed after twenty-one days.
29. If no decision has been made under section 23 above within twenty-eight days from suspension, the student member may appeal against suspension to the Chairman of the Medical Board.
30. Council may, but is not required to, make further regulations under this Part that are not inconsistent with it.'
Regulations to be made by Council if the Statute is approved
Regulations for the Medical Board made under section 26 of Statute XIII
Delete existing Council Regulations 39 of 2002, concerning Regulations for the Medical Board made under Section 20 (4) of Statute XIII (Supplement (2) to Gazette No. 4630, 24 July 2002, p. 1531) and substitute new Council Regulations 1 of 2007.
Council Regulations 1 of 2007
REGULATIONS FOR THE MEDICAL BOARD MADE UNDER SECTION 26 OF STATUTE XIII
Made by Council on XXX
1. These regulations are made under the provisions of section 26 of Statute XIII.
2. In these regulations
(1) references to sections are to sections of Statute XIII unless otherwise stated;
(2) where notice has to be given a specified number of 'clear days' before proceedings, the day of receipt of the notice and the day of the proceedings shall be excluded from the calculation;
(3) any notice sent by the secretary of the Medical Board shall be deemed to arrive on the day after dispatch, unless the contrary is proved.
3. The Medical Board shall consider appeals by student members of the University against decisions by competent persons or bodies under section 23 of Statute XIII
4. The Medical Board shall be constituted as set out in section 15 as soon as a decision is made by the responsible body or person under the procedure set out in Statute XIII Part B.
5. The Registrar shall appoint a person to act as secretary to the board ('the secretary').
6. The student member concerned ('the student') shall be entitled, at his or her own expense, to be represented by another person, who need not be legally qualified, in connection with and at any proceedings under these regulations.
7. A student member who wishes to appeal to the Medical Board shall do so to the Registrar within twenty-eight days of the date of the letter which notifies him or her of the original decision.
8. As soon as possible after the notice of appeal has been received, the board shall determine its own procedures and shall make such interlocutory orders for the conduct of the proceedings as it considers appropriate.
9. Any decision taken under these regulations shall be reached:
(1) with all reasonable expedition; and
(2) in a manner which is just, fair, and reasonable in the light of all the circumstances.
10. Any proceedings in connection with any case before the board shall be:
(1) held in private;
(2) attended by the secretary, who shall keep a sufficient record of the proceedings. 11. In the light of the proceedings, the board shall have the power to decide:
(a) to confirm, vary or annul the original decision;
(b) to lay down such conditions in respect of its decision as may seem appropriate to the board.
12. In considering whether the physical or mental incapacity of the appellant has been established, the board shall apply the civil standard of proof, namely the balance of probabilities.
13. The board's decision shall be recorded in a document signed by the chairman which shall include:
(1) the board's medical findings;
(2) the board's other findings of fact; and
(3) the reasons for the board's decision.
14. The secretary shall ensure that a copy of the document is sent to the student, to his or her representative (if any), and to the head of the relevant department or chairman of the relevant faculty board and the head of the appellant's college, society or Private Permanent Hall.
15. The chairman may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the board.