Congregation

  • Thursday 24 May 2012
  • NO. 4990
  • VOL. 142

Congregation7 June

Elections

Contested elections

Council

Uncontested elections

Council

Committees reporting to Council

Continuing Education Board

Buildings and Estates Subcommittee

Other Committees and University Bodies

Committee for the Nomination of Select Preachers

Visitatorial Board Panel

Divisional Boards

Humanities Board

Mathematical, Physical and Life Sciences Board

Social Sciences Board

Faculty Boards

Board of the Faculty of English Language and Literature

Board of the Faculty of History

Board of the Faculty of Linguistics, Philology and Phonetics

Board of the Faculty of Oriental Studies

Board of the Faculty of Philosophy

Details are in 'Elections' section below.

Congregation12 June

2 pm

¶ Members of Congregation are reminded that any two members may, not later than noon on 4 June, give notice in writing to the Registrar that they intend to oppose or amend either of the legislative proposals at 1 and 2 or the resolution at 3 below (see the note on the conduct of business in Congregation below). If no such notice has been given, and unless Council has declared otherwise, the legislative proposals and the resolution shall be carried, and the meeting may be cancelled.

(1) Voting on Legislative Proposal: Statute XIII: Fitness to Study

Explanatory Note

The Fitness to Study legislation below aims to provide a common framework across departments/faculties and colleges for dealing with cases where questions arise as to whether a student is fit to study or return to study after a period of leave on account of medical, psychological or emotional problems. It is recognised that college procedures work well in the vast majority of cases and that the Fitness to Study legislation would be used in a limited number of cases. The legislation establishes a set of procedures to deal with the small number of serious and difficult fitness to study cases and will be applied only after normal college or department/faculty procedures have, in the reasonable view of the relevant college or department/faculty, been followed appropriately. A new body, the Fitness to Study Panel, is proposed to which colleges, departments and faculties may refer such cases. The outcome of the Fitness to Study Panel's deliberations will be a decision on behalf of the University and a recommendation to the relevant college which will be based on academic judgment informed by medical, legal and other expert opinion. Such decisions/recommendations will combine a proper regard for the welfare of the student with recognition of the demanding academic requirements of Oxford degree courses. The underlying principle is to provide a coordinated mechanism for resolving the small number of cases that have not been resolved by the usual means in colleges and/or departments/faculties, thereby reducing the risk of both the inequitable treatment of students and successful appeals to the Office of the Independent Adjudicator or the courts. Further information on the operation of the Fitness to Study Panel can be found at www.ox.ac.uk/gazette/fitness_to_study.

WHEREAS it is expedient to establish a Fitness to Study Panel, THE UNIVERSITY ENACTS AS FOLLOWS.

1 In Statute XIII concerning student members: other provisions (approved with effect from 1 October 2002, Supplement (1) to Gazette No 4633, 9 October 2002, amended with effect from 15 October 2002, 14 October 2003, 24 April 2007, Gazette Vol 133, p 250, 17 October 2002; Vol 134, p 139, 16 October 2003; Vol 137, p 1050, 26 April 2007), delete Part B concerning student members and medical incapacity and substitute new Part B as follows:

'PART B: FITNESS TO STUDY

5. This Part makes provision for the establishment of a Fitness to Study Panel to determine matters concerning a student's fitness to study.

6. For the purposes of this Part:

(1) "fitness to study" shall mean:

(a) a student's fitness:

(i) to commence a distinct course of academic study; or

(ii) to continue with his/her current course of academic study; or

(iii) to return to his/her current or another course of academic study; and

(b) his/her ability to meet:

(i) the reasonable academic requirements of the course or programme; and

(ii) the reasonable social and behavioural requirements of a student member (whether resident in college or not) without his/her physical, mental, emotional or psychological health or state having an unacceptably deleterious impact upon the health, safety and/or welfare of the student and/or other students and/or University or college staff (not withstanding adjustments required by law);

(2) "current course of academic study" shall mean the undergraduate or graduate course for which the student is currently registered, and the syllabus of and other requirements for that course as provided for in the Statutes and Regulations currently in force and applicable in the academic year in issue;

(3) an undergraduate or graduate course of study shall be determined according to the designation agreed by the Education Committee of Council and thus defined in its Examination Regulations.

7.  There shall be established a Fitness to Study Panel ("the Panel") to consider issues relating to a student's fitness to study referred to it by a college, a faculty or department of the University, the Proctors, the Student Disciplinary Panel, or the Student Appeal Panel. The Panel shall decide such issues for the University and shall be able to make recommendations to a college.

8. The Panel shall only consider a student's fitness to study where all other normal procedures (whether at college or University level) have been exhausted or are inappropriate.

9. Council shall make regulations prescribing:

(1) the constitution and membership of the Panel;

(2) the appropriate procedure for referring matters relating to a student's fitness to study to the Panel;

(3) the procedure which the Panel shall follow when considering matters referred to it;

(4) the factors which the Panel shall take into account when considering and/or determining matters referred to it;

(5) the Panel's powers;

(6) the Proctors' authority to suspend a student;

(7) the body responsible for the regular review of the regulations made under this section; and

(8) such other matters as Council thinks fit.

10.

(1) The Panel shall not consider:

(a) matters relating to a student's academic underperformance or conduct save to the extent to which they are relevant to the student's fitness to study; or

(b) matters giving rise to fitness to practise considerations.

(2) The matters under sub-section 1 above shall be dealt with in accordance with the relevant procedures set out in the statutes and regulations of the University and the relevant college.

11.  If a student who faces disciplinary proceedings is referred to the Panel, the disciplinary proceedings shall be suspended pending the Panel's consideration of the student's fitness to study.'

2 This Statute shall be effective from 1 October 2012.


The paragraph numbering above is subject to the approval of the legislative proposal at (2) below.


Regulations to be made by Council if the Statute is approved

1 Delete Council Regulations 1 of 2007 concerning the Medical Board made under Section 26 of Statute XIII and substitute the following as Council Regulations 1 of 2012.

'Council Regulations 1 of 2012

Regulations for the Student Fitness to Study Panel

Part 1: General

1.1. These regulations are made under section 9 of Statute Xlll.

1.2. In these regulations:

(1) the term "colleges" shall mean colleges, societies, Permanent Private Halls, and other institutions designated by Council by regulation as being permitted to present student members for matriculation;

(2) "the student" shall mean the student member whose fitness to study has been referred to the Fitness to Study Panel for consideration;

(3) "the Panel" shall mean the Student Fitness to Study Panel.

(4) a "primary referring body" shall mean, in the case of an undergraduate student, the college of the student concerned, and in the case of a graduate student, the faculty or department of the student concerned; a "secondary referring body" shall mean, in the case of an undergraduate student, the faculty or department of the student concerned, and in the case of a graduate student, the college of the student concerned.

Part 2: Membership

2.1. There shall be eight members of the Panel, four of whom shall be appointed by Council and four by the Conference of Colleges, all of whom shall be members of Congregation. Members shall hold office for four years and at the expiry of that term shall be eligible for re-appointment.

2.2. One of the four members appointed by Council and one of the four members appointed by the Conference of Colleges ("the appointing bodies") shall be designated, in each case by agreement between the appointing bodies, to serve as Chair or Vice-Chair of the Panel. The term of office shall be four years, to include two years as Vice-Chair. This is provided always that no person may hold office as Chair or Vice-Chair of the Panel ("the offices") without also being a member of the Panel and that at any given time one of the offices must be occupied by a member of the Panel appointed by Council and the other by a member of the Panel appointed by the Conference of Colleges. Provided that each of these conditions is adhered to, the Chair and Vice-Chair may serve one additional four-year term of office (two years as Vice-Chair and two years as Chair) by agreement between the appointing bodies.

2.3. The Chair of the Panel shall be responsible for the general administration of the business of the Panel and for such other tasks as are specified in these regulations. The Chair of the Panel may delegate to the Vice-Chair such matters falling within the scope of these responsibilities as he or she shall determine.

2.4. In the event of the resignation of any member of the Panel before the end of his/her four-year term of office, whichever of Council or the Conference of Colleges appointed the resigning member shall appoint a replacement to serve for the remainder of the term concerned. At the expiry of that remainder, the replacement member shall be eligible for re-appointment under regulation 2.1 as if they had initially held office for four years.

2.5. Council and the Conference of Colleges shall by agreement appoint a person to serve as Secretary to the Panel ("the Secretary"). The Secretary shall be responsible for the organisation of the Panel's work but shall not be a member of the Panel or participate or vote in its proceedings.

Part 3: Powers

3.1. The Panel shall consider only such cases referred to it by:

(1)

(a) a primary referring body;

(b) a secondary referring body which has first consulted with the relevant primary referring body and the latter has indicated that it does not see a reason itself to make a referral but has no objection to the secondary referring body doing so; or:

(c) a secondary referring body falling within the ambit of regulation 3.2;

(2)

(a) the Proctors;

(b) the Student Disciplinary Panel;

(c) the Student Appeal Panel;

where under the relevant statute or regulation there are powers to suspend hearings until such a view is sought.

3.2. Where a secondary referring body has first consulted with the relevant primary referring body and the latter has refused to make a referral, the secondary referring body nonetheless has the right, irrespective of the view of the primary referring body, to ask the Chair of the Panel to review the matter. In such cases, the Chair of the Panel must request and, if such are received, consider representations from the primary and secondary referring bodies, and shall determine in the light of such representations whether the case should be referred to the Panel for consideration. In the event of a positive determination, the Panel shall consider the case.

3.3. Notwithstanding regulation 3.1, the Panel may consider only such cases concerning the fitness to study of a named student as fall within the relevant referring body's jurisdiction and provided always that it is reasonably satisfied that any other reasonable recourse or mechanism available, either under the governing primary, secondary or other rules of the relevant referring body or under the statutes and regulations, has first been followed.

3.4. Notwithstanding regulations 3.1 and 3.2, the Chair of the Panel shall be entitled to rule that a case which has been referred should not be further considered by the Panel on the basis that it falls outside the Panel's jurisdiction as defined in these Regulations.

3.5.

(1) The Panel shall make determinations in respect of a student's fitness to study on behalf of the University and make such recommendations to referring bodies as it shall consider necessary and proportionate, given the factors specified in regulation 3.8. Decisions and recommendations may include but are not limited to the following:

(a) a decision or recommendation that a student is not fit to study in accordance with section 6 of Statute XIII;

(b) a decision or recommendation that the student is fit to study in accordance with section 6 of Statute Xlll;

(c) a decision or recommendation that the student's continued access to University and college facilities and premises be subject to certain conditions;

(d) a decision or recommendation that a student's access to University and college premises and facilities be suspended for a specific, or for an indefinite, period;

(e) a recommendation that the matter is dealt with by the college under procedures determined by the college.

(2) The Panel shall seek the views of the student's college and department/faculty before making a decision or recommendation under paragraph (1) above.

(3) The decision of the Panel shall be final and marks the completion of the University's procedure concerning fitness to study.

3.6. Notwithstanding regulation 3.5, the Panel may refer back for resolution to the primary or secondary referring body, as appropriate, any case which it believes may best be resolved by that referring body's own internal processes.

3.7. Notwithstanding regulation 3.5, the Chair of the Panel may, in cases of demonstrable and serious urgency, recommend after discussion with the primary referring body that such interim measures be adopted as are necessary and proportionate until such a time as the case may be determined by the Panel.

3.8. In considering a case the Panel (or, in the case of regulations 3.4 and 3.7, the Chair of the Panel) shall:

(1) apply the definition of "fitness to study" set out in section 6 of Statute Xlll;

(2) be entitled to employ or to draw upon suitably qualified expert advice, including expert medical, psychiatric and legal advice;

(3) have due regard to the obligations of the University and the student's college under equality legislation and the duty to make reasonable adjustments.

3.9. In accordance with section 11 of Statute XIII, if a student who faces disciplinary proceedings under the University's procedures is referred to the Panel, the disciplinary proceedings shall be suspended pending the Panel's consideration of the student's fitness to study and shall recommence automatically if it is the decision of the Panel under regulation 3.5 that the student is fit to study.

3.10.

(1) In circumstances where a student's condition or conduct gives rise to a need for immediate action, the Proctors shall have power to suspend that student pending consideration by the Panel of his/her fitness to study.

(2) Each suspension under paragraph (1) above shall be reviewed by the Proctors at least every 21 days.

3.11. Any information received by the Panel or the Proctors in respect of matters concerning a student's fitness to study 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.

Part 4: Sittings

4.1. Where a case is referred to the Panel and is not excluded by the Chair under regulation 3.4, the Chair and Vice-Chair shall designate three members of the Panel (one of whom may be either the Chair or Vice-Chair) to hear the case and make a decision or recommendations or references back under regulations 3.5 or 3.6. One such member shall always be drawn from those appointed by Council and one from those appointed by the Conference of Colleges under regulation 2.1. The third member shall be drawn from those appointed by the Conference of Colleges in cases concerning undergraduate students and from those appointed by Council in the case of graduate students. Members of the Panel shall not have had prior involvement with the particular student's case.

4.2. The Chair shall direct the procedure for the hearing and the Secretary shall be responsible for making such arrangements as are necessary for each hearing.

4.3. The Panel shall be bound in all its hearings by the rules of natural justice (and in so far as they differ, by the rules of procedural fairness).

4.4. The Panel may commission expert opinion and ask the student concerned to attend a consultation with the expert appointed.

4.5. The student shall be entitled to make representation to the Panel and may call witnesses in support of such representation. They may at all times be accompanied to hearings by a person of their choice but will be expected to answer questions put to them, even if another person acts as their advocate.

4.6. Refusal or any failure to attend the hearing by the student, their witnesses or the person chosen to accompany the student, and any refusal or failure by the student to attend a consultation under regulation 4.4, shall not necessarily invalidate the proceedings. The Panel will consider whether an adjournment would in such circumstances be appropriate but has the right under such circumstances to proceed with the hearing.

Part 5: Hearings of the Panel

5.1. Hearings shall be conducted in private in accordance with guidance and procedures approved by the Student Health and Welfare Subcommittee of the Education Committee and shall have due regard to the principles of natural justice.

5.2. The student shall be notified of the date of the hearing and shall normally be given a minimum of 10 working days' notice.

5.3. The student shall be given reasonable notice, and wherever reasonably possible a minimum of 10 working days' notice, of the matters to be considered by the Panel.

5.4. The referring body should normally provide to the Panel in advance of the hearing the papers that it wishes the Panel to consider in evidence. A copy of such papers is at the same time normally to be provided to the student except to the extent that the Panel, informed by expert guidance, is of the view that any matter under consideration, if known to the student, could have an unacceptably deleterious impact on the student or on others.

5.5. Where expert opinion is required, the Panel will adjourn until such time as the opinion has been obtained.

5.6. The hearing shall commence with private discussions of the Panel to clarify matters of process only.

5.7. The student and an accompanying person (if any) shall be called to appear before the Panel. The student and any accompanying person may normally be present for the duration of the hearing until such time(s) as s/he is asked to withdraw so as to enable the Panel to come to its decision.

5.8. The Chair of the Panel shall outline the detail which the Panel has been convened to consider and ensure that the student understands the nature of the matters under consideration.

5.9. A statement shall be requested from the student about the matters under consideration upon which the Panel shall be entitled to question the student. Any failure by the student to provide such a statement shall not necessarily invalidate the proceedings.

5.10. Witnesses or external advisors (of which the Panel and the student have been notified in advance) shall be called in the following order: those called by the Panel followed by those called by the student. Each witness or external advisor shall be requested to make an oral statement or to confirm the contents of a previously provided written statement. They shall be questioned by the Panel and may be questioned by the student or accompanying person. Witnesses or external advisors shall withdraw from the hearing after questioning.

5.11. The student and accompanying person shall withdraw to enable the Panel to consider its decisions and recommendations.

5.12. The decisions and recommendations of the Panel shall be confirmed in writing to the student and to the referring bodies by the Secretary, normally within 10 working days of the hearing.

Part 6: Annual Report

6.1. The Panel shall provide an annual report on its activities, making recommendations as appropriate, to the Student Health and Welfare Subcommittee of the Education Committee.'

2 These regulations shall be effective from 1 October 2012.

(2) Voting on Legislative Proposal: Statute XIII: Oxford University Student Union

Explanatory Note

Following the establishment of Oxford University Student Union as an independent charity, this legislative proposal makes consequential changes to Statute XIII.

WHEREAS it is expedient to amend Statute XIII following the establishment of Oxford University Student Union as an independent charity, THE UNIVERSITY ENACTS AS FOLLOWS.

In Statute XIII (approved with effect from 1 October 2002, Supplement (1) to Gazette No 4633, 9 October 2002, and amended with effect from 15 October 2002, 14 October 2003 and 24 April 2007, Gazette Vol 133, p 250, 17 October 2002; Vol 134, p 139, 16 October 2003; Vol 137, p 1050, 26 April 2007) delete Part A and substitute:

'PART A: STUDENTS' UNION AND CONSULTATION WITH STUDENT MEMBERS

Students' Union

1. Council shall take such steps as are reasonably practicable:

(1) to secure the existence at all times of a students' union (as defined in the Education Act 1994) which is open to all student members of the University;

(2) to secure that such students' union operates in a fair and democratic manner and is accountable for its finances; and

(3) to secure that the requirements of Section 22 of the Education Act 1994 are observed by or in relation to such students' union.

2.

(1) Council shall publish a code of practice setting out the manner in which the requirements of the Education Act 1994 with regard to students' unions are to be carried into effect.

(2) The code of practice shall be brought to the attention of all student members annually together with (i) any restrictions imposed on the students' union by the law relating to charities and (ii) the freedom of speech provisions of Section 43 of the Education (No 2) Act 1986.

3. Information with regard to the right to opt out of membership of the students' union, and arrangements made to supply students' union services to student members who have exercised this right, shall be drawn to the attention of all student members annually and to the attention of persons considering whether to become students at the University.

Joint Committees with Student Members

4. No recommendation from a joint committee with student members, or other body for consultation with student members, established under any statute or regulation or otherwise, shall be rejected without the student members of the committee or body having been given an opportunity of discussion with the body with which it is a joint committee or consultative body.'

Regulations to be made by Council if the Statute is approved

1 Repeal Council Regulations 26 of 2002 concerning Oxford University Student Union (Supplement (1) to Gazette No 4629, Vol 132, 10 July 2002).

2 This change in regulations shall take effect on the date that the Statute is approved.

(3) Voting on Resolution authorising expenditure from the Higher Studies Fund

That the University be authorised to expend, from the element of the Higher Studies Fund earmarked for Social Studies, transition funding in the amount of £20,000 per year for three years for Professor Francesco Billari to establish the Oxford Centre for Population Studies.

Congregation20 June

(1) Encaenia

Mr Vice-Chancellor invites Pro-Vice-Chancellors, Heads of House, Heads of Division, holders of the Oxford Degrees of Doctor of Divinity, Civil Law, Medicine, Letters, Science, and Music, the Proctors, the Assessor, the Public Orator, the Registrar, the outgoing President of the Oxford University Student Union, and the Presidents of the Junior and Middle common rooms of St Peter's College, St Edmund Hall, and Exeter College (as being the colleges of the Proctors and the Assessor) to partake of Lord Crewe's Benefaction to the University, meeting him in the Fellows' Garden of Exeter College at 10.30 am on Wednesday, 20 June. Thence they will go in procession to the Sheldonian Theatre, where will be spoken the Oration in Commemoration of the Benefactors of the University according to the intention of the Right Honourable Nathaniel, Lord Crewe, Bishop of Durham.

Note. Pro-Vice-Chancellors, Heads of House, Heads of Division, and Doctors who propose to accept Mr Vice-Chancellor's invitation, and to be present in the Sheldonian Theatre, are requested to inform the Events Office at the University Offices, Wellington Square by email (events.office@admin.ox.ac.uk) no later than Wednesday, 13 June. They are reminded that, while academic dress of other universities may (if desired) be worn at the Encaenia Garden Party, the appropriate Oxford academic dress should always be worn at the partaking of Lord Crewe's Benefaction and at the Encaenia ceremony.

Aung San Suu Kyi has accepted an invitation to attend the Encaenia on 20 June for the conferment of the honorary degree approved by resolution on 24 April 1993.

(2) Honorary Degrees

Doctor of Civil Law

Aung San Suu Kyi, MA Oxf, Chairman of the National League for Democracy, Burma, member of the Burmese parliament, Honorary Fellow of St Antony's, Honorary Fellow of St Hugh's

Baroness (Elizabeth Lydia) Manningham-Buller, DCB, MA Oxf, former Director General of the Security Service, Honorary Fellow of Lady Margaret Hall

Doctor of Letters

Mr David John Moore Cornwell (John le Carré), MA Oxf, author, Honorary Fellow of Lincoln

Professor Drew Gilpin Faust, AB Bryn Mawr, AM PhD Penn, historian, President and Lincoln Professor of History, Harvard, Member of the Society of American Historians, the American Academy of Arts and Sciences and the American Philosophical Society

Sir Howard Stringer, MA Oxf, Chairman, Sony Corporation, Honorary Fellow of Merton

Professor Charles Margrave Taylor, BA McGill, MA DPhil Oxf (Rhodes Scholar), philosopher, Honorary Fellow of Balliol, Honorary Fellow of Blackfriars, Emeritus Professor, McGill, FBA, Foreign Honorary Member of the American Academy of Arts and Sciences, Companion of the Order of Canada, Grand Officer of the Ordre national du Québec

Doctor of Science

Dr Henry Joseph Macaulay Barnett, MD Toronto, Neurologist, former President and Scientific Director, Robarts Research Institute, Companion of the Order of Canada

Professor William Daniel Phillips, BS Juniata College, PhD MIT, physicist, Fellow of the National Institute of Standards and Technology, Member of the American Academy of Arts and Sciences and the National Academy of Sciences, Fellow of the Joint Quantum Institute

Note on procedures in Congregation

¶ Business in Congregation is conducted in accordance with Congregation Regulations 2 of 2002 (www.admin.ox.ac.uk/statutes/regulations/529-122.shtml). A printout of these regulations, or of any statute or other regulations, is available from the Council Secretariat on request. A member of Congregation seeking advice on questions relating to its procedures, other than elections, should contact Mrs C Benton at the University Offices, Wellington Square (telephone: (2)80107; email: ceri.benton@admin.ox.ac.uk); questions relating to elections should be directed to the Elections Officer, Ms S L Stacey (telephone: (2)80463, email: elections.office@ox.ac.uk).