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Oxford University Gazette, 28 May 2009: University Agenda

CONGREGATION 16 June 2 p.m.

¶ Members of Congregation are reminded that written notice of any intention to vote against, or any proposed amendment to, the legislative proposal at item 1 or the resolution at 3 below, signed in either case by at least two members of Congregation, must be given to the Registrar by noon on Monday, 8 June (see the note on the conduct of business in Congregation at the end of 'University Agenda').

1 Voting on Legislative Proposal: Statute XI: University Discipline

Explanatory Note

The following changes, promoted by Council on the recommendation of the Committee on the University Statutes and Regulations, revise Statute XI concerning University discipline as set out below (references are to the current section numbers, with revised numbering noted in brackets):

(i) The Code of Discipline has been amended to add an attempt to deface or destroy property (paragraph (d) of section 2 (1)). It is suggested that possession of drugs should also be a breach of the Code (paragraph (l)).

(ii) Currently the Code of Discipline incorporates breaches of some of the regulations made under Statute XI (section 2 (2)). The relevant subsection has been extended to cover all breaches of regulations made under the statute, including those made under section 6 (deleted; see paragraph (v) below). Breaches of sections 2, 6 or 7, or regulations made under section 3 referred to in the text of Statute XI have therefore been amended to refer to breaches of sections 2 or 3.

(iii) The section covering incitement and conspiracy (previously section 7, renumbered 3) to breach the Code of Discipline has been moved to follow the Code of Discipline, to bring together these two enabling sections. A heading for 'Regulations' has been added to separate out the sections under which regulations are made from the enabling sections under the heading 'Code of Discipline'.

(iv) A revised wording has been suggested for the section concerning the Rules Committee's authority to make regulations, for greater clarity of meaning without any intended change in effect (section 4, renumbered 5).

(v) As noted in (ii) above, the substance of the section referring to breaches of regulations dealt with under Statute XI has been relocated to other parts of the statute (section 6 deleted): (i) breaches of regulations relating to academic dress are addressed under the Regulations for Candidates in Examinations; (ii) paragraph (2) has been relocated to section 2 (2) (b); and (iii) paragraph (1) as it relates to breaches of sections 3, 4 and 5 is now covered by section 2 (2) (d).

(vi) An amendment has been made to allow the High Steward to appoint more than two vice-chairmen and more than eleven members to the Student Disciplinary Panel, thus increasing the possibility of being able to schedule a prompt hearing (section 9, renumbered 8).

(vii) The wording of sub-section (3) of Section 10 has also been amended to confirm that the Student Disciplinary Panel stipulates the mark or degree class when referring the matter to the examiners.

(viii) The period of appointment of members of the Student Appeal Panel has been confirmed as three years, the same full term specified for the chairman and vice-chairmen of the Student Disciplinary Panel (new paragraph (2) to section 15, renumbered 14).

(ix) Amendments have been made to allow the Student Appeal Panel and the Appeal Court to sit with only one assessor (in addition to sitting with two assessors or none), to allow more flexibility in the appointment of assessors, owing to the difficulty of finding two assessors willing to sit (Sections 16 and 20, renumbered 15 and 19).

(x) The requirement for the Proctors to notify the person concerned when referring a matter to the Registrar has been removed; it will now fall to the Registrar to make a decision on when to inform that person about a referral to the Registrar under Statute XI (section 32 (renumbered 31)).

(xi) Two paragraphs referring to a single right of appeal against the University's decision to withdraw a student's access to its facilities, in response to a college's decision to suspend or rusticate that student, have been combined (section 35 (renumbered 36)).

(xii) A right of appeal has been given against decisions to suspend a student pending criminal proceedings or a University disciplinary hearing (and a right of appeal deleted that was inappropriately attached to a requirement for students to inform the Proctors of their involvement in criminal proceedings) (appeal under section 38 (2) relocated as new paragraph (2) under section 37, renumbered 37 (2) and 36 respectively; p.16). The provision for an appeal to the Student Appeal Panel has been deleted (section 14, renumbered 13), as an appeal by hearing to the Student Disciplinary Panel was considered sufficient to meet the requirements of natural justice by the Committee on University Statutes and Regulations.

(xiii) The transitory arrangements have been deleted, as there are no longer any cases to which they could be applicable (section 45).

If the changes to Statute XI are approved, the following consequential change to Statute XII will be notified to Her Majesty in Council. In section 43 (2) of Statute XII concerning Academic Staff and the Visitatorial Board (Supplement (1) to Gazette No. 4633, 9 October 2002), delete 'section 28 of Statute XI' and substitute 'section 27 of Statute XI'.

WHEREAS it is expedient to amend Statute XI concerning University discipline, THE UNIVERSITY ENACTS AS FOLLOWS.

1 Repeal existing Statute XI concerning University discipline (approved by Congregation on 30 May 2006 and published in the Supplement (1) to Gazette No. 4768, 3 May 2006, as amended with effect from 24 April 2007, Gazette Vol. 137, p.1050, 26 April 2007) and substitute with new Statute XI.

2 This statute shall be effective from 1 October 2009.


STATUTE XI

UNIVERSITY DISCIPLINE

PART A: DEFINITIONS AND CODE OF DISCIPLINE

Definitions

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:

(i) any person so defined under the provisions of Statute II;

(ii) any other person who, though not a member or student member under those provisions, is a candidate for any university examination; or

(iii) any person who was defined as such under (i) or (ii) at the beginning of disciplinary proceedings and against whom disciplinary proceedings are ongoing.

(b) 'ban' means withdraw the right of access to specified land, buildings, facilities or services 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 all of the land, buildings and facilities of the University including teaching, examinations and all related academic services 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.

(i) 'Examination' includes the submission and assessment of a thesis, dissertation, essay, practical work or other coursework and any other exercise, including in the case of graduate students transfer and confirmation of status exercises, which is not undertaken in formal examination conditions that counts towards or constitutes the work for a degree or other academic award.

(2) Unless the Student Disciplinary Panel or the Student Appeal Panel 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.

Code of Discipline

2. (1) No member of the University shall in a university context intentionally or recklessly:

(a) disrupt or attempt to disrupt teaching or study or research or the administrative, sporting, social, cultural, or other activities of the University;

(b) disrupt or attempt to disrupt the lawful exercise of freedom of speech by members, students, and employees of the University or by visiting speakers;

(c) obstruct or attempt to obstruct any officer, employee, or agent of the University in the performance of his or her duties;

(d) deface, damage, or destroy or attempt to deface, damage or destroy any property of or in the custody of the University or of any college or of any member, officer, employee, or agent of the University or of any college, or knowingly misappropriate such property;

(e) 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;

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

(g) engage in action which is likely to cause injury or to impair safety;

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

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

(j) disobey a reasonable instruction given within their authority by one of the Proctors or their deputies;

(k) 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;

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

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

(n) fail to comply with an order made under sections 10, 11, 16, or 25 of this statute.

(2) No member of the University shall intentionally or recklessly breach any regulation

(a) relating to the use of the libraries or the information and communications technology facilities of the University;

(b) relating to conduct in examinations which is designated by Council as a disciplinary regulation for the purposes of this statute;

(c) made under any section in this statute.

(3) 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.

(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 or draft 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.

3. No member of the University shall incite or conspire with any other person to engage in any of the conduct prohibited under this Part.

Regulations

4. (1) A person or body having charge of any land or building of the University, or of any facilities or services provided by or on behalf of the University, may, subject to the statutes and regulations, make regulations governing the use of that land or building or of those facilities or services.

(2) If regulations proposed to be made under this section are submitted to the Proctors and the Proctors are satisfied that they

(a)relate to minor matters, governing the detailed management of the land, building, facilities, or services concerned, and

(b) are to be published in such a way as reasonably to bring them to the notice of the users of the land, building, facilities, or services concerned, the regulations in question shall have immediate effect on publication, and shall bind all users of the land, building, facilities, or services to which they refer to the extent provided in them.

5. (1) Council shall establish and maintain a Rules Committee for the purpose of making regulations not inconsistent with the statutes governing the conduct of student members except in relation to the regulations relating to the academic dress of student members or conduct in examinations.

(2) The Rules Committee shall keep all regulations made by it under review and may amend or repeal those regulations as it thinks fit.

(3) The constitution and further powers and duties of the Rules Committee shall be set out by Council by regulation.

6. (1) The Proctors may, if they consider the matter urgent, make regulations relating to the conduct of student members which are not inconsistent with the statutes and regulations.

(2) Any regulations made by the Proctors under this section shall be published forthwith in the University Gazette and shall have immediate effect on publication.

(3) Any exercise of this power shall be reported at once to the Rules Committee, and the regulations shall lapse unless the Rules Committee confirms them 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 regulations were made by the Proctors.

(4) If the regulations are not confirmed, they shall none the less have effect from the time at which they were published until the time the Rules Committee decides not to confirm them, or until they lapse, whichever is the earlier.


PART B: DISCIPLINARY PANELS AND APPEAL COURT OF THE UNIVERSITY AND THE PROCTORS

Disciplinary Panels and Appeal Court of the University

7. There shall be two Panels and one Court as follows:

(1) The Student Disciplinary Panel;

(2) the Student Appeal Panel;

(3) the Appeal Court.

8. (1) The Student Disciplinary Panel shall comprise a chairman, two or more vice-chairmen, and eleven or more other members, who shall each serve for three years and may be reappointed.

(2) The chairman and vice-chairmen shall be appointed by the High Steward from among the members of Congregation who are barristers or solicitors of at least five years' standing or who have experience which makes them suitable for appointment.

(3) The other members shall be appointed by Council from among the members of Congregation.

(4) A sitting of the Panel shall be sufficiently constituted by a panel comprising three members of whom at least one shall be the chairman or a vice-chairman, and shall be convened in accordance with the regulations made under section 20 of this statute.

9. The function of the Student Disciplinary Panel shall be to hear and determine, in accordance with procedure set out in regulations made under section 20 of this statute, complaints made to it by the Proctors that a student member has committed a breach of the provisions of section 2 or 3of this statute, and appeals against decisions under sections 23 (2) 36 (2) and 41 (4) of this statute.

10. (1) If the Student Disciplinary Panel is satisfied that a student member is guilty of the breach with which he or she is charged it may:

(a) impose a fine of such amount as it thinks fit;

(b) order the student member to pay compensation to any person or body suffering injury, damage, or loss as a result of the student member's conduct;

(c) make an order banning the student member from specified premises or facilities for such period or on such terms as it thinks fit;

(d) rusticate the student member for such period as it thinks fit;

(e) expel the student member;

(f) recommend to Council that the student member be deprived of the degree to which the disciplinary proceedings relate.

(2) The Student Disciplinary Panel may impose any of the penalties referred to in sub-section (1) above separately or in any combination.

(3) If the Student Disciplinary Panel is satisfied that a student member has intentionally or recklessly committed a breach of the disciplinary regulations relating to conduct in examinations it may, in addition or alternatively to imposing one or more of the penalties referred to in sub-section (1) above, order the examiners to impose one or more of the following penalties specifying the mark or class of degree, as applicable:

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

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

(iii) substitute an alternative mark for any piece of work or part thereof;

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

(v) permit a student member to resit an examination or resubmit a piece of work on such conditions as it thinks fit;

(vi) award a pass degree instead of an honours degree;

(vii) fail the student member in the examination or part of the examination concerned.

(4) If the Panel is satisfied that the student member has committed a breach of the provisions of section 2 or 3 of this statute, it may instead of exercising its powers under sub-sections (1), (2), and (3) above give the student member a written warning as to his or her future conduct and the Proctors shall keep a record of the warning. 11. (1) The Student Disciplinary Panel shall also have the function of hearing, in accordance with procedure set out in regulations made under section 20 of this statute, appeals made by student members under sections 27, 34 (2) and 41 (5).

(2) The conduct of appeals shall be by way of rehearing.

(3) In the exercise of its appellate powers the Panel may quash or confirm the decision appealed against, or make any order in substitution for it which the person or body whose order is being appealed could have made. 12. In all cases the Student Disciplinary Panel shall have power to determine any question of law and of fact, and to hear evidence. 13. If a student member is aggrieved by a decision of the Student Disciplinary Panel he or she may appeal to the Student Appeal Panel. 14. (1) The Student Appeal Panel shall consist of three persons appointed by the High Steward, who shall be persons who are barristers or solicitors of at least eight years' standing or persons who have judicial experience or experience which makes them suitable for appointment and shall not be members of Congregation.

(2) Members of the Student Appeal Panel shall serve for three years and may be reappointed.

(3) A sitting of the Student Appeal Panel shall be sufficiently constituted by one of its members acting alone. 15. (1) The Student Appeal Panel may, if it thinks it is in the interest of justice and fairness to do so, sit with no more than two assessors who are members of Congregation appointed by the High Steward who have knowledge and experience of the practice and procedures of this University relevant to the issues raised in the appeal.

(2) The assessor or assessors shall assist and advise the Panel on matters of practice and procedure relevant to the appeal and shall not be party to the Panel's decision. 16. (1) The function of the Student Appeal Panel shall be to hear and determine, in accordance with procedure set out in regulations made under section 20 of this statute:

(a) appeals from the Student Disciplinary Panel;

(b) other appeals which are designated to be made to the Student Appeal Panel in regulations made by Council.

(2) (a) The Student Appeal Panel shall have full power to determine any question of law and of fact, and, in exceptional circumstances only, to hear evidence.

(b) The Panel may quash or confirm the decision appealed against, or make any order in substitution for it which the tribunal whose order is being appealed could have made. 17. (1) The Appeal Court shall consist of five persons appointed by the High Steward who are not members of the University and each of whom is:

(a) a Lord or Lady of Appeal, a Lord or Lady Justice of Appeal, or a Justice of the High Court of Justice; or

(b) a person who has held such an appointment and is retired; or

(c) a Queen's Counsel of not less than six years' standing.

(2) The person appointed shall serve for three years and may be reappointed.

(3) A sitting of the Appeal Court shall be sufficiently constituted by one of its members sitting alone. 18. (1) The function of the Appeal Court shall be to hear and determine, in accordance with procedure set out in regulations made under section 21 of this statute:

(a) appeals from the Visitatorial Board;

(b) all other appeals made under Part H of Statute XII;

(c) appeals from the Vice-Chancellor against a decision on a dispute over the interpretation or application of a statute or regulation made under section 5 of Statute XVII;

(d) other appeals which are designated to be made to the Appeal Court in regulations made by Council.

(2) In relation to appeals made under Part H of Statute XII the Appeal Court shall have the powers laid down in that Part.

(3) (a) In relation to all other appeals the Appeal Court shall have full power to determine any question of law and of fact, and, in exceptional circumstances only, to hear evidence.

(b) The Court may quash or confirm the decision appealed against, or make any order in substitution for it which the tribunal whose order is being appealed could have made. 19. (1) The Appeal Court may, if it thinks it is in the interests of justice and fairness to do so, sit with no more than two assessors who are members of Congregation appointed by the High Steward and who have knowledge and experience of the practice and procedures of the University relevant to the issues raised in the appeal.

(2) The assessor or assessors shall assist and advise the Court on matters of practice and procedure relevant to the appeal but shall not be party to the Court's decision. 20. (1) Further rules relating to the constitution, powers, duties, and procedures of the Student Disciplinary Panel, the Student Appeal Panel, and the Appeal Court, and the powers, duties, and procedures of the Proctors in relation to matters covered by this statute, shall be set out by Council by regulation. (2) Any rules made under sub-section (1) above shall comply with the principles of natural justice.

The Proctors

21. The Proctors shall have the following duties under this statute in addition to those referred to in sections 4 and 6:

(1) to take such steps as they consider necessary to enforce sections 2 and 3 of this statute and to prevent any breach of them;

(2) to investigate any complaint that a member of the University to whom section 2 or 3 of this statute applies has committed a breach of that section;

(3) to identify the person responsible for any such breach.

22. (1) In carrying out their duties the Proctors shall have the power to summon any member of the University to assist them in their inquiries.

(2) A failure to give such assistance without reasonable cause shall constitute a breach of section 2 (1) (c) of this statute.


PART C: BREACHES BY STUDENT MEMBERS

23. (1) If the Proctors have reasonable grounds for believing that a student member has committed a breach of section 2 or 3 of this statute they may refer the matter to the Student Disciplinary Panel.

(2) If a Proctor or any member of the university staff who is authorised by the Proctors for the purposes of this sub-section has reasonable grounds for believing that a student member has committed a breach of the Regulations of the Rules Committee relating to behaviour after examinations he or she may impose a fine on that student member (called 'an immediate fine') on becoming aware of the breach in question.

(3) The procedure to be followed in the imposition of immediate fines, the amount of the fine, and a student member's right of appeal from an immediate fine shall be prescribed in regulations. 24. (1) In any case proceeding before the Student Disciplinary Panel or the Student Appeal Panel, the case for the Proctors may be presented by either of the Proctors or, at their discretion, by any Pro-Proctor or any other member of Congregation.

(2) In appropriate circumstances, following suitable consultations, the case may be presented by a solicitor or barrister who is not a member of Congregation.

(3) In any such proceedings it shall be the duty of the Proctors or their representative to state to the Panel what penalty in the Proctors' opinion would be appropriate if the person charged were found guilty, and to give the Proctors' reasons for that opinion. 25. (1) The Proctors may during the course of an investigation under section 21 of this statute into an alleged breach other than one involving harassment of or serious injury to a person, serious damage to property, or a significant element of dishonesty invite the student member in question to consider whether he or she is prepared to submit this matter for determination by the Proctors.

(2) If the student member agrees to the disposal of a case under this section it shall be dealt with by the Proctors accordingly and not referred to the Student Disciplinary Panel.

(3) The only penalties which the Proctors may impose upon a student member under this section are:

(a) a fine alone or with compensation not exceeding the sum as prescribed by regulation from time to time under section 26 of this statute; or

(b) a written warning as to his or her future conduct, of which the Proctors shall keep a record.

(4) Further rules relating to the procedures of the Proctors under this section shall be set out in regulations made under section 20 of this statute.

26. Council may from time to time by regulation specify the maximum amounts of the fines and/or compensation referred to in section 25 (3) (a) of this statute.

27. If a student member is aggrieved by a decision of the Proctors he or she may appeal to the Student Disciplinary Panel.

28. If the Proctors consider in the light of additional evidence that their powers under section 25 of this statute are insufficient to meet the gravity of the circumstances, they may refer the case to the Student Disciplinary Panel under the regulations for that body.

29. (1) If the Student Disciplinary Panel, the Student Appeal Panel, or the Proctors in the course of proceedings or an investigation under this statute has or have reasonable grounds for believing that a student member is suffering from a serious problem arising from ill-health the Panel concerned or the Proctors shall refer the student to the University's Occupational Health Service in accordance with the procedures set out in Part B of Statute XIII.

(2) Until a determination of the case under Part B of Statute XIII all further proceedings under this Part of this statute shall be adjourned.

30. (1) If the Proctors have reasonable grounds to believe that a breach of section 2 or 3 of this statute has been committed by a student member who is also a person to whom Statute XII applies, they shall before deciding to proceed under section 23 of this statute refer the matter to the Registrar to enable him or her to decide whether to proceed under that statute.

(2) If the Registrar decides to proceed under Statute XII no further proceedings shall be taken against the student member under section 23 of this statute but the Proctors shall continue to give the Registrar such assistance as he or she may require.

(3) If the Registrar decides not to proceed under Statute XII and the matter also relates to alleged breaches of sections 2 or 3, he or she shall refer the matter to the Proctors if he or she considers it appropriate to do so.


PART D: BREACHES BY OTHER MEMBERS

31. If the Proctors have reasonable grounds for believing that a member of the University who is not a student member has committed a breach of section 2 or 3or they shall, if they consider it appropriate to proceed, refer the matter to the Registrar.

32. If a matter is referred to the Registrar under section 31 of this statute against a member who is also a person to whom Statute XII applies, the Registrar shall deal with the matter under the provisions of Statute XII.

33. If a matter is referred to the Registrar under section 31 of this statute against a member who is not a person to whom Statute XII applies, the Registrar shall refer the matter to Council, the member's college, or such other body or committee within or outside the University as the Registrar considers appropriate.


PART E: OTHER PROVISIONS

34. (1) A penalty of suspension or rustication imposed by a college upon one of its members shall apply also to university premises and facilities subject to the right of appeal referred to in sub-section (2) below.

(2) A member of a college penalised under sub-section (1) above may appeal to the Student Disciplinary Panel against the application of that penalty to that member's use of university premises and facilities and, if the Student Disciplinary Panel is satisfied that there are special circumstances, it may permit the member concerned to continue to have access to university premises and facilities with or without conditions as to such access.

35. If a student member of the University is alleged to have committed a breach of section 2 or 3 for which he or she will be or is likely 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 breach have been completed, whether by conviction or acquittal or discontinuance of the proceedings, or that the member is unlikely to be prosecuted in a court of law in respect of that alleged breach.

36. (1) Where there are reasonable grounds for so doing, the Proctors shall suspend the student member or impose a ban on the student member pending the outcome of criminal proceedings or a hearing before the Student Disciplinary Panel or Student Appeal Panel.

(2) The right of appeal provided for in section 27 of this statute shall apply to orders made under this section.

37. If a student member is the subject of criminal proceedings in respect of an alleged offence of such seriousness that an immediate term of imprisonment may be imposed on conviction, or if a student 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 student member), he or she shall promptly inform the Proctors in writing.

38. (1) If a student 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 student member) the Proctors may refer the matter to the Student Disciplinary Panel which may, if it thinks fit and in accordance with regulations made under section 20 of this statute, expel the student member from his or her membership of the University or impose such lesser penalty or other conditions as it thinks fit.

(2) The right of appeal referred to in section 13 of this statute shall apply to orders made under sub-section (1) above.

(3) If any other member of the University is convicted of such a criminal offence the matter may be referred by the Registrar to Council which shall consider whether proceedings should be taken for the expulsion of the member by Congregation under the provisions of section 10 of Statute II.

39. (1) If during a hearing before either of the Panels of the University the conduct of any member is disorderly or otherwise in breach of section 2 or section 6 of this statute in respect of the Panel the following provisions of this section shall apply.

(2) In the case of a student member the Panel shall have power in accordance with regulations made under section 20 of this statute to fine, suspend, or rusticate him or her on such terms as it thinks fit.

(3) In the case of any other member of the University the Panel shall refer the complaint to the Registrar who may proceed in accordance with section 32 or section 33 of this statute.

40. (1) Where a fine is imposed upon a student member, or an order is made requiring a student member to pay compensation, under the provisions of this statute, the fine or compensation shall be paid within seven days (or two days, in the case of immediate fines imposed under section 23) whether or not an appeal is pending, unless the person or body which imposed the fine or compensation, or the Panel to which any appeal is made, makes an order, in accordance with procedure set out in regulations made under section 20 of this statute, suspending or deferring payment.

(2) If the fine or compensation is not paid in time the Panel which imposed it (or, in the case of a fine or compensation imposed by the Proctors, the Student Disciplinary Panel) may rusticate the student member for such period as it thinks fit, in accordance with procedure set out in regulations made under section 20 of this statute.

(3) Any fine or compensation imposed by any Panel or by the Proctors shall be paid through the Clerk to the Proctors.

41. (1) If a person or body having charge of any land or building of the University, or of any facilities or services provided by or on behalf of the University has reasonable grounds to believe that someone who has the use of or access to the land, building, facilities, or services in question is likely or threatens to cause damage to property or inconvenience to other users, that person or body shall immediately make a complaint under the provisions of this section.

(2) A complaint against a student member shall be made to the Proctors.

(3) If a complaint made to the Proctors falls within the provisions of section 36, it shall be considered under that section.

(4) In any other case concerning a complaint against a student member, the Proctors shall consider the complaint expeditiously, in accordance with procedure set out in regulations made under section 20 of this statute, and, may ban the student member from the use of or access to the land, building, facilities or services in question if it is just and reasonable to do so and for such period, not exceeding 42 days, as they think fit.

(5) Where an order is made under sub-section (4) above, the student member shall have the right of appeal to the Student Disciplinary Panel.

(6) A complaint against any other member of the University shall be made to the Registrar who shall consider the complaint expeditiously, and

(a) in the case of a member subject to Statute XII if the Registrar thinks fit, he or she may refer this matter for further consideration under the provisions of that statute.

(b) in other cases the Registrar shall refer the matter to the Vice-Chancellor for determination.

(c) the Vice-Chancellor shall consider any matter referred to him or her by the Registrar under section 41 (6) (b) and may appoint another suitably qualified individual or individuals to act in his or her place.

(d) the procedure to be adopted shall be determined by the person or persons considering the matter, giving due regard to the principles of natural justice.

(7) Where the person referred to in sub-section (1) is not a member of the University, a complaint shall be made to the Registrar who shall consider the complaint expeditiously, and refer the matter to the Vice- Chancellor for determination.

(a) the Vice-Chancellor shall consider any matter referred to him or her by the Registrar under section 41 (7) and may appoint another suitably qualified individual or individuals to act in his or her place.

(b) the procedure to be adopted shall be determined by the person or persons considering the matter, giving due regard to the principles of natural justice.

(8) Where the conduct of the person concerned gives rise to a need for urgent action, the person or body referred to in sub-section (1) above may ban the person concerned from the use of or access to the land, building, facilities, or services in question forthwith pending further proceedings under this section, such a ban not to exceed twenty-one days.

(9) If the person referred to in sub-section (1) above is the Registrar, the functions assigned to the Registrar under sub-section (6) shall be performed by the Vice-Chancellor. (10) Nothing in this section shall prevent the University from proceeding against any person in a court of law.

Proctors' Annual Report

42. 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 and the Panels, and giving the number and kinds of penalty imposed.


PART F: TRANSITIONAL PROVISIONS

43. For the avoidance of doubt it is declared that:

(1) the Proctors shall have the same powers to investigate and prosecute breaches by student members of the Statutes and Regulations of the University in force before 1 October 2006, and

(2) the Student Disciplinary Panel, and the Student Appeal Panel shall have the same jurisdiction to hear and determine charges and appeals arising out of those breaches, as they possess in respect of breaches of this statute, and the provisions of this statute shall apply, with any necessary modification, to the exercise of those powers and that jurisdiction.

Regulations to be made by Council if the Statute is approved

1 In regulation 2 of Council Regulations 2 of 2006 concerning disciplinary investigations by the Proctors under Statute XI (Gazette, Vol. 136, p. 1153–1163, 1 June 2006), delete 'sections 22, 23, 24, 36, 39 and 42' and substitute 'sections 21, 22, 23, 35, 38 and 41'.

2 Ibid., in regulation 5 (4) delete 'Code of Discipline set out in Statute XI' and substitute 'sections 2–6 of Statute XI'.

3 Ibid., in regulation 12 (1) and the heading immediately above it delete 'section 24 (2)' and substitute 'section 23 (2)'.

4 Ibid., in regulation 12 (2) delete 'section 26 (3)' and substitute 'section 25 (3)'.

5 Ibid., in regulations 13 and 14 delete 'section 26' and substitute 'section 25'.

6 Ibid., in regulation 14 (13) delete 'section 41 (1)' and substitute 'section 40 (1)'.

7 Ibid., delete the heading 'Referral of Charges for Consideration by the Student Disciplinary Panel under section 24' and substitute 'Referral of Charges for Consideration by the Student Disciplinary Panel under section 23'.

8 Ibid., in regulation 15 delete 'sections 2, 6, or 7' and substitute 'sections 2 or 3'.

9 In the heading to Part 3 and in regulation 3.1 of Council Regulations 3 of 2006 concerning the Student Disciplinary Panel (Gazette, Vol. 136, p. 1153–1163, 1 June 2006, as amended on 1 May 2008 and 15 January 2009, Gazette, Vol. 138, p. 988; Vol. 139, p. 506), delete 'section 24' and substitute 'section 23'.

10 Ibid., in regulation 3.13 delete 'section 25' and substitute 'section 24'.

11 Ibid., in the heading to Part 4 and in regulation 4.1 delete 'section 28' and substitute 'section 27'.

12 Ibid., in the heading to Part 5 and in regulation 5.1 delete 'section 35 (2), 38 (2), 39 (2) or section 42 (5)' and substitute 'section 34 (2), 36 (2), 38 (2) or section 41 (5)'.

13 Ibid., in regulation 7.1 delete 'section 7' and substitute 'section 3'.

14 Ibid., in regulation 7.3 delete 'section 40 (2)' and substitute 'section 39 (2)'.

15 In regulations 1.4 (1) and 1.5 (1) of Council Regulations 4 of 2006 concerning the Student Appeal Panel (Gazette, Vol. 136, p. 1153–1163, 1 June 2006, as amended on 1 May 2008, Gazette, Vol. 138, p. 988), delete 'section 15' and substitute 'section 14'.

16 Ibid., in regulation 1.10 and the heading to Part 2 delete 'section 14' and substitute 'section 13'.

17 Ibid., in regulation 1.10 delete 'section 16' and substitute 'section 15'.

18 Ibid., in regulation 4.1 delete 'section 17(2)' and substitute 'section 16(2)'.

19 Ibid., in regulation 7.1 delete 'section 7' and substitute 'section 3'.

20 Ibid., in regulation 7.3 delete 'section 40 (2)' and substitute 'section 39 (2)'.

21 In regulation 1.1 of Council Regulations 5 of 2006 (Gazette, Vol. 136, p. 1153–1163, 1 June 2006) delete 'section 19 (1)' and substitute 'section 18 (1)'.

22 Ibid., in regulations 1.4 (1) and 1.5 (1) delete 'section 18' and substitute 'section 17'.

23 Ibid., in regulation 1.10 delete 'section 20' and substitute 'section 19'.

24 Ibid., in regulation 3.2 delete 'section 19 (3)' and substitute 'section 18 (3)'.

25 Ibid., in regulation 6.1 delete 'section 7' and substitute 'section 3'.

26 Ibid., in regulation 6.3 delete 'section 40 (2)' and substitute 'section 39 (2)'.

27 In regulation 1 of Council Regulations 6 of 2006 concerning fines and compensation imposed under Statute XI (Gazette, Vol. 136, p. 1153–1163, 1 June 2006), delete 'section 26 (3)(a)' and substitute 'section 25(3)(a)'.

28 In regulation 35 of Libraries Curators' Regulations 1 of 2006 concerning the use of facilities of the Oxford University Library Services (Gazette, Vol. 136, p. 1391, as amended on 12 July 2007, Gazette, Vol. 137, p. 1359–60) delete 'the Section 42 (7)' and substitute 'section 41 (7)'.

29 These changes in regulations shall be effective from 1 October 2009.

[These amendments make consequential changes to the regulations that refer to Statute XI, following approval of changes to that statute (see Gazette, p. XX).]


2 Voting on resolution authorising use of space by the Humanities Divisional Office and Humanities research teams

Explanatory Note

37a St Giles' is owned by Oxford University Press. It has been proposed, by Oxford University Press, that the University might occupy the premises. Terms of a possible agreement between the University and Oxford University Press are under discussion. If agreed, the arrangement would commence in late September 2009.

The Humanities Divisional Office at 34 St Giles' currently houses twenty staff. As part of a new phase in its evolution, which is aimed at bringing it up to comparable strength with the other three divisional offices and restructuring its functions to achieve greater effectiveness, the Divisional Office will soon be acquiring a number of additional posts. At the same time, in line with a developing central policy of establishing the divisional offices as 'administrative hubs', the Division is keen soon to be able to offer office space to members of Research Services, Personnel Services, and the Development Office. This rapid expansion means that the Divisional Office is fast outgrowing its current premises, and needs to seek other transitional accommodation as it waits to move to the planned new set of offices on the ROQ site, at earliest in 2013–14.

Thanks to the outstanding performance of its Research Support Team, the Humanities Division is currently experiencing increasing difficulty in housing its fast-growing number of research projects, with the result that there are Humanities Research groups currently scattered across the city (e.g. in Littlegate House (Philosophy), 75 Banbury Road (Classics), 11 Bevington Road (Theology)) in premises which they are fast outgrowing. There are also other projects already in the pipeline for which accommodation will be needed from 2010 (e.g. in Music). The Division therefore has an immediate and growing need for 'research hotel' space to house the exciting growth in research activity within the Division, a facility that it is in fact planning into its vision for the new Humanities buildings on the ROQ.

The benefit of the current location of the Divisional Office is its proximity to a number of Humanities faculties. The move to 37a would provide the Humanities Division with sufficient space to accommodate both the expanding Divisional Office and the proposed 'research hotel' whilst retaining this proximity.

In addition, the relocation of the Divisional Office from 34 to 37a St Giles', opens up the possibility of a series of consequential moves which would serve to consolidate several faculties in close proximity to the Divisional Office.

In light of all of the above, the Buildings and Estates Subcommittee considered this to be a highly beneficial use of space.

At its meeting on 25 May 2009, on the recommendation of its Planning and Resource Allocation Committee, Council endorsed the Buildings and Estates Subcommittee's proposal that a resolution be put to Congregation to authorise the use of space in 37a St Giles' by the Humanities Division.

Text of Resolution

That 37a St Giles' (internal floor area approximately 600 sq.m) be allocated to the Humanities Division, for use by the Humanities Divisional Office and a number of Humanities research teams, subject to (a) an agreement being made with Oxford University Press on terms acceptable to the Land Agent's Office; and (b) PRAC's approval of any associated expenditure.

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