Congregation

  • Thursday 10 October 2013
  • NO. 5036
  • VOL. 144

Congregation14 October

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Congregation15 October

The meeting of Congregation is cancelled. The sole business comprises questions to which no opposition has been notified and in respect of which no request for adjournment has been received, and Mr Vice-Chancellor will accordingly declare the changes to Congregation Regulations at 1, the legislative proposals at 3, 5, 7 and 9, and the resolutions at 10–11 below carried without a meeting under the provisions of Sect 7 (1) of Statute IV. The legislative proposals at 2, 4, 6 and 8 have been withdrawn.

(1) Voting on changes to Congregation Regulations 1 of 2002: Membership of Congregation

(For explanatory note and text of regulation see Gazette No 5034, 26 September 2013, p4.)

(2) Withdrawal of Legislative Proposal: Scatcherd Scholarships

(For explanatory notel see Gazette No 5034, 26 September 2013, p5.)

(3) Voting on Legislative Proposal: Scatcherd Scholarships

(For explanatory note and text of legislative proposal see Gazette No 5034, 26 September 2013, p5.)

(4) Withdrawal of Legislative Proposal: Scatcherd Science Scholarships

(For explanatory note see Gazette No 5034, 26 September 2013, p6.)

(5) Voting on Legislative Proposal: Scatcherd Science Scholarships

(For explanatory note and text of legislative proposal see Gazette No 5034, 26 September 2013, p6.)

(6) Withdrawal of Legislative Proposal: Griffiths Memorial Studentship

(For explanatory note see Gazette No 5034, 26 September 2013, p6.)

(7) Voting on Legislative Proposal: Jeremy Griffiths Memorial Studentship Fund

(For explanatory note and text of legislative proposal see Gazette No 5034, 26 September 2013, p6.)

(8) Withdrawal of Legislative Proposal: Prendergast Fund

(For explanatory note see Gazette No 5034, 26 September 2013, p7.)

(9) Voting on Legislative Proposal: Prendergast Fund

(For explanatory note and text of legislative proposal see Gazette No 5034, 26 September 2013, p7.)

(10) Voting on Resolution authorising the allocation of the Mathematical Institute building (Building 177) on St Giles'

(For explanatory note and text of resolution see Gazette No 5034, 26 September 2013, p7.)

(11) Voting on Resolution authorising the allocation of space at the Radcliffe Observatory Quarter

(For explanatory note and text of resolution see Gazette No 5034, 26 September 2013, p7.)

Congregation 22 October

¶ Members of Congregation are reminded that any two members may, not later than noon on 14 October, give notice in writing to the Registrar that they intend to oppose or amend the legislative proposal 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 or the meeting has been adjourned, the legislative proposal shall be declared carried, and the meeting may be cancelled.

Voting on Legislative Proposal: Statute XI: University Discipline

Explanatory Note

The following legislative proposal amends the legislation relating to student disciplinary procedures. The amendments will enable the Student Disciplinary Panel to dismiss insubstantial appeals against immediate fines imposed by the Proctors (eg for antisocial behaviour following University examinations), and to allow the Proctors to implement a fines escalator for non-payment of fines. The aim is to improve the operation of the procedures, while safeguarding equity and the principles of natural justice. The opportunity is also being taken to clarify an existing provision and update an obsolete reference.

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

1 In Statute XI, concerning University Discipline, delete existing section 11(1) and substitute (new text underlined, deleted text scored through):

'11.

(1) The Student Disciplinary Panel shall also have the function of hearingdetermining, in accordance with the procedures set out in the regulations made under section 20 of this statute, appeals made by student members under sections 27, 34 (2) and 41 (5).'

2 Ibid, delete existing section 13 and substitute (new text underlined):

'13. If a student member is aggrieved by a decision of the Student Disciplinary Panel he or she may apply for permission to appeal to the Student Appeal Panel.'

3 Ibid, delete existing section 29(1) and substitute (new text underlined, deleted text scored through):

'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 ServiceFitness to Study Panel in accordance with the procedures set out in Part B of Statute XIII.'

4 Ibid, delete existing section 40 and substitute (new text underlined):

'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 application for permission to appeal or an appeal is pending, unless the person or body which imposed the fine or compensation, or the Panel to which any application for permission to appeal or 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, escalated 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.'

Changes in Regulations to be made by Council if the changes to Statute XI are approved

1 In Council Regulations 3 of 2006, concerning Regulations for the Student Disciplinary Panel, insert new regulation 4.2 as follows and renumber subsequent regulations accordingly:

'4.2

(1) When, under Statute XI, Part C, section 23 (3), the appeal relates to the imposition of an "immediate fine", permission to appeal must first be sought, in writing and through the Secretary, from the Chairman or a Vice-Chairman of the Student Disciplinary Panel within seven days of the imposition of the fine.

(2) The Secretary shall then refer the Application for Permission to Appeal to the Proctors within three working days.

(3) The Proctors must then make any response to the Application to the Secretary within seven days.

(4) The Secretary shall then refer both the Application and the Proctors’ response to it to the Student Disciplinary Panel Chairman or Vice-Chairman within three working days.

(5) The Student Disciplinary Panel Chairman or a Vice-Chairman may request the applicant and/or the Proctors to provide any further information relevant to the proposed appeal which he or she may require in determining whether permission to appeal should be granted.

(6) The application shall be determined without a hearing on the basis of the documents submitted unless the Student Disciplinary Panel Chairman or a Vice-Chairman considers that, in the interests of justice, a hearing should take place.

(7)

(i) The relevant Student Disciplinary Panel Chairman or Vice-Chairman shall, following receipt of all relevant papers, make a decision as to whether the application will be allowed or not allowed, unless he or she decides in accordance with (6) above that a hearing should take place.

(ii) If the Student Disciplinary Panel Chairman or Vice-Chairman decides that a hearing should take place he or she will communicate that decision to the Secretary who will inform the applicant and the Proctors of the date and time when and the place in Oxford at which the application will be heard.

(iii) The application will be heard by the Student Disciplinary Panel Chairman or Vice-Chairman sitting alone.

(8) In deciding whether to give permission to appeal the Student Disciplinary Panel Chairman or Vice-Chairman shall have regard to all the circumstances of the case including:

(i) the importance of the case to the appellant; and

(ii) whether the proposed appeal has reasonable prospects of success.

(9) The Student Disciplinary Panel Chairman or Vice-Chairman shall within seven days of receipt of all papers or of any hearing, if later, send his or her decision with reasons in writing to the applicant and the Proctors via the Secretary of the Student Disciplinary Panel.

(10) If the Permission to Appeal is granted, then the Secretary shall convene a hearing of the Student Disciplinary Panel in accordance with Part 4 of these regulations.

(11) If the Permission to Appeal is refused, then the applicant shall have the right to make an Application for Permission to Appeal to the Student Appeal Panel, in accordance with Part 8 of these regulations.'

2 Ibid, delete existing regulation 6.1 and substitute (new text underlined):

'6.1. If a student who is ordered to pay a fine or compensation by the Proctors, the Disciplinary Panel, or the Appeal Panel under the provisions of Statute XI or any regulations made under it fails to do so within the time for making payment, the Proctors shall (subject to the provisions of regulation 6.2 below) prepare and deliver to the Secretary a notice of hearing stating:

(1) the date on which the order for payment was made;

(2) the amount of the payment;

(3) the date or dates by which payment should have been made;

(4) the amounts (if any) which have been paid and the date of payment; and

(5) the amount due.'

3 Ibid, insert new regulation 6.2 as follows and renumber subsequent regulations accordingly:

'6.2. If a student who is ordered to pay a fine by the Proctors (including an "immediate fine") under the provisions of Statute XI, or any regulation made under it, fails to do so within the time limit for making the payment, then the fine may increase in accordance with Council Regulations 6 of 2006. In such cases the Proctors shall not refer the matter to the Student Disciplinary Panel unless the fine remains unpaid at the end of the maximum escalation period.'

4 In Council Regulations 6 of 2006, concerning Regulations for Fines and Compensation imposed under Statute XI, delete existing regulation 2 and substitute as follows (new text underlined, deleted text scored through):

'2.

(a)  If a fine or compensation order imposed under section 25 (3) (a) of Statute XI is not paid before the specified deadline for payment and no order allowing deferral of payment pending an appeal has been granted (in circumstances where there is provision for such an order to be made), the student member concerned shall be liable to pay the original fine or compensation order together with:

(i) an additional fine of £25 for the first seven calendar days or part thereof during which the payment is outstanding;

(ii) a further additional fine of £25 for the subsequent seven calendar days or part thereof during which the payment is outstanding; and

(iii) after fourteen calendar days, a further additional fine of £25 for the subsequent seven calendar days or part thereof during which the payment is outstanding.

(b) The Proctors shall refer to the Student Disciplinary Panel the case of any student member who fails to pay a fine or compensation order within twenty-one calendar days of the original deadline for payment.

23. The maximum laid down in regulation 1 above, and the additional fines for non-payment specified in regulation 2 (a) above, shall be reviewed annually by the Proctors.'

Congregation28 November

Elections

Council

Other Committees and University Bodies

Socially Responsible Investment Review Committee

Nominating Committee for the Vice-Chancellorship

Curators of the Sheldonian Theatre

Divisional Boards

Humanities Board

Medical Sciences Board

Faculty Boards

Board of the Faculty of Classics

Board of the Faculty of Theology and Religion

Details are in 'Elections' section below.

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 F Burchett at the University Offices, Wellington Square (telephone: (2)80199; email: felicity.burchett@admin.ox.ac.uk); questions relating to elections should be directed to the Elections Officer, Ms S L S Mulvihill (telephone: (2)80463; email: elections.office@admin.ox.ac.uk).