Congregation

  • Thursday 8 December 2016
  • NO. 5153
  • VOL. 147

Congregation13 December

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 the Vice-Chancellor will accordingly declare the resolutions carried without a meeting under the provisions of Sect 7 (1) of Statute IV.

Voting on Legislative Proposal: Consolidation of Small Trust Funds

(For explanatory note and text of legislative proposal see Gazette No 5150, 24 November 2016, p153.)

Congregation17 January

Members of Congregation are reminded that any two members may, not later than noon on 9 January, give notice in writing to the Registrar that they intend to oppose or amend the legislative proposal at 1 or the resolution at 2 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 and resolution shall be declared carried, and the meeting may be cancelled.

(1) Voting on Legislative Proposal: Statute XI: University Discipline

Explanatory Note

The following legislative proposal amends the legislation relating to student disciplinary procedures, to ensure that revised terminology, which was agreed in 2011 following the report of the working group to review University disciplinary procedures, is used throughout Statute XI.  Changes to associated regulations are also proposed.  The opportunity is taken to update cross-references and use the gender-neutral term 'chair'.

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

1 In Statute XI, concerning University Discipline, delete section 10 (1) and substitute (new text underlined, deleted text struck through):

'10. (1) If the Student Disciplinary Panel is satisfied that the student member concerned has committed a breach of sections 2 or 3 of this statute 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 Ibid, delete section 20 and substitute (new text underlined, deleted text struck through):

'20. If the Panel is of the view that a breach of such seriousness has been committed that the penalties set out in section 19 of this statute are not appropriate, it shall refer the student member to the Student Disciplinary Panel, which, if it is satisfied that the student member has committed a breach of sections 2 or 3 of this statute is guilty of the breach with which they are charged, shall have the power to impose any of the penalties set out in section 10 of this statute.'

3 Ibid, delete sections 30–31 and substitute (new text underlined, deleted text struck through):

'30. (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 student member concerned were found to have committed the breach in question person charged were found guilty, and to give the Proctors' reasons for that opinion.

31. (1) The Proctors may during the course of an investigation under section 27 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 this procedure for considering the matter 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 32 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 26 of this statute.'

Changes in Regulations to be made by Council if the Statutes are approved

1 In Council Regulations 2 of 2006, concerning disciplinary investigations by the Proctors, amend regulation 2 as follows (new text underlined, deleted text struck through):

'2. Regulations 1–12 inclusive shall apply to the Proctors in the exercise of their powers and duties under sections sections 21 27, 22 28, 23 29, 35 42, 38 45 and 41 48.'

2 Ibid, amend regulations 12–15 as follows (new text underlined, deleted text struck through):

'Immediate fines imposed under section 23 29 (2)

12.

(1) Where a Proctor or other person duly authorised by the Proctors under section 23 29 (2) proposes to impose an immediate fine he or she shall serve a notice in writing on the student member concerned stating the reason for the imposition of the fine and the amount of the fine, and notifying the student member of his or her right of appeal to the Student Disciplinary Panel.

(2) An immediate fine shall not exceed the maximum permitted under regulation 1 of Council Regulations 6 of 2006 (referring to section 25 31 (3) (a) of Statute XI).

(3) An immediate fine shall be paid to the Clerk to the Proctors within two working days of the date of imposition, whether or not the student member intends to appeal.

(4) If the student member wishes to appeal against the imposition of the fine, or the amount of the fine, he or she shall be entitled to appeal to the Student Disciplinary Panel in accordance with Statute XI and regulations made under that Statute and apply for suspension of payment of the fine in accordance with regulation 14 (12) below.

Exercise of Summary Jurisdiction under section 25 31

13. In any case in which the Proctors consider that it may be appropriate to exercise their powers under section 25 31, they shall send a notice to the student:

(1) informing him or her of the alleged breach against him or her, identifying by reference to the relevant provision in Statute XI the act or omission alleged to constitute the breach;

(2) giving full particulars of the alleged breach or breaches, including the date or dates or approximate date or dates on which or between which each breach is alleged to have been committed and the place at which the breach is alleged to have taken place;

(3) explaining to him or her the powers of the Proctors under section 26 31, including the penalties available, and the right of appeal;

(4) explaining to him or her the alternative procedures of referral to the Student Disciplinary Panel, the penalties available, and the rights of appeal;

(5) asking the student whether he or she wishes the matter to be dealt with by the Proctors under section 26 31 instead of being referred to the Student Disciplinary Panel;

(6) asking the student to reply to the Proctors in writing within seven days of the sending of the letter;

and the Proctors shall annex to the notice a copy of these regulations unless previously provided by the Proctors.

14. Where a student has agreed in writing to the matter being dealt with under section 25 31, the procedure shall be as follows:

(1) the Proctors shall notify the student in writing of the date of the hearing, giving at least two clear days' notice;

(2) the student shall be entitled to be accompanied or represented by a member of Congregation;

(3) the student may apply for an adjournment of the hearing, which the Proctors may grant if they consider it reasonable to do so;

(4) the Proctors may proceed with a hearing in the absence of the student except where they consider that his or her absence is due to circumstances beyond his or control;

(5) the Clerk to the Proctors shall read out the details of the alleged breach;

(6) the Proctors shall ask the student whether he or she understands the breach he or she is alleged to have committed;

(7) if the student confirms that he or she understands the charge breach that he or she is alleged to have committed, the Proctors or a person appointed by them shall provide a brief summary of the case and ask the student whether he or she accepts that he or she has committed the breach;

(8) if the student accepts that he or she has committed the breach,

(a) he or she shall be invited to make a statement in mitigation of the breach and may call witnesses relevant to any findings and penalty;

(b) if the student calls witnesses, the Proctors may call evidence in reply;

(9) if the student does not accept that he or she has committed the breach,

(a) the Proctors or a person appointed by them and the student shall be entitled to give evidence at the hearing, to make an opening speech, to call witnesses, and to question any person (including a party) who gives evidence;

(b) the Proctors shall present their case first;

(c) closing statements may be made, with the student being given the opportunity to speak last;

(10) the student shall be asked to withdraw while the Proctors consider their findings and any penalty;

(11) the Proctors shall announce their findings and any penalty;

(12) where a fine and/or compensation is to be imposed, it shall be paid within seven calendar days to the Clerk to the Proctors;

(13) if the student appeals to the Student Disciplinary Panel, he or she may apply to the Proctors or to that Panel under section 40 47 (1) for an order suspending or postponing the payment of such a fine;

(14) the Proctors shall be responsible for ensuring that a written record of the proceedings is made;

(15) the Proctors shall send to the student and the Dean of the student's college a written record of their findings and any penalty imposed.

Referral of Charges Alleged Breaches for Consideration by the Student Disciplinary Panel under section 23 29

15. In any other case, proceedings shall be instituted by the Proctors by delivery to the Secretary to the Student Disciplinary Panel of a notice giving details of the alleged breach or breaches which shall include, by reference to the relevant breach of the Disciplinary Code specified in sections 2 or 3: (1) the act or acts or omission or omissions alleged to constitute the breach; (2) the date or dates or approximate date or dates on which or between which each breach is alleged to have been committed; (3) where relevant, the time and place at which each breach is alleged to have been committed; (4) where relevant, the person or property alleged to have been affected by each breach; (5) copies of all statements and any other evidence obtained in the course of their investigation.'

3 In Council Regulations 3 of 2006, concerning the Student Disciplinary Panel, amend regulation 2.1 as follows (new text underlined, deleted text struck through):

'2.1. The Panel shall sit on such days as the Chairman or a Vice-Chairman in consultation with the Secretary deems to be necessary.'

4 Ibid, amend regulation 2.3 as follows (new text underlined, deleted text struck through):

'2.3. The Secretary shall invite three members of the Panel to constitute a sitting for the purpose of these regulations, which members shall include at least one of the Chairman or Vice-Chairsmen.'

5 Ibid, amend regulation 3.2 as follows (new text underlined, deleted text struck through):

'3.2. The Secretary shall annex to the notice of hearing:

(1) copies of all statements and any other evidence obtained in the course of the investigation on which the Proctors intend to rely;

(2) a copy of Statute XI and any regulations made under it which are relevant to the alleged breach or breaches charge; and

(3) a copy of these regulations.'

6 Ibid, amend regulations 3.6–3.13 as follows (new text underlined, deleted text struck through):

'3.6. The Proctors or the student may at any time apply in writing to the Secretary for an adjournment of the hearing and the Chairman or a Vice-Chairman may accede to or refuse an adjournment.

3.7. The Chairman or a Vice-Chairman shall have power, if he or she judges it to be advisable, to cancel a proposed hearing at any time before it has begun and substitute alternative arrangements.

3.8. The Chairman or a Vice-Chairman shall have power to strike out proceedings on the grounds of non-prosecution.

3.9. Any hearing shall take place within one month of the date of the notice of hearing referred to in regulation 3.1 above unless the Chairman or a Vice-Chairman is satisfied that there are reasonable grounds for further delay.

3.10. A party who intends to be represented by another person shall as soon as possible inform the Secretary of the name and contact details of the representative appointed. The Secretary shall then pass the information to all other interested parties.

3.11.

(1) It shall be open to any party to apply in writing to the Chairman for directions on matters of procedure including:

(a) the provision by the Proctors of further information concerning the alleged breach;

(b) disclosure by the student of the evidence (including, if appropriate, witness statements) on which he or she intends to rely at the hearing; and

(c) amendment of the notice of hearing to add, omit, or vary an alleged breach on such terms as are fair and reasonable in the circumstances.

(2) Any application shall be made in the first instance to the Secretary, and the party applying shall at the same time give notice of it to the other parties.

(3) If there is no objection from the other parties, the Chairman or a Vice-Chairman may make the required order without an oral hearing.

(4) If the application is contested, or if the Chairman or a Vice-Chairman believes that the circumstances justify a hearing, he or she may refer the application to a hearing by the Panel.

3.12. The Panel may direct that allegations against more than one person shall be heard together, due regard being given to the principles of justice and fairness. The students shall be invited to make observations which the Panel shall take into account before proceeding.

3.13. The case against the student or students shall be presented by one of the Proctors or another person as provided in section 30 24.'

7 Ibid, amend regulations 3.20–3.25 as follows (new text underlined, deleted text struck through):

'3.20. The Secretary shall a keep keep a sufficient record of the proceedings.

Procedure if the student accepts that they have committed a breach Admission of guilt

3.21. If the student accepts that he or she has committed the breach of the Disciplinary Code, then

(1) the Proctors shall provide a brief summary of the case including their submission as to the appropriate level of penalty;

(2) the student shall be entitled to call witnesses whose evidence is relevant to penalty and the Proctors may call evidence in reply;

(3) the student shall be entitled to make a statement in mitigation of penalty and the Proctors shall be entitled to reply, following which the student shall have an opportunity to reply; and

(4) the Panel shall adjourn to determine the appropriate penalty by reference to its powers under section 10 11 and announce the penalty at the hearing.

Procedure if the student does not accept that they have committed a breach Denial of guilt

3.22. If the student does not accept that he or she has committed the breach the procedure adopted shall be as follows.

3.23.

(1) The parties to the proceedings shall be entitled to give evidence at the hearing, to make an opening speech, to call witnesses and to question any person (including a party) who gives evidence.

(2) The case for the Proctors shall be presented first.

(3) Unless the Panel otherwise permits:

(a) the Proctors shall not be entitled to call any witness whose evidence has not been previously disclosed to the student; and

(b) if the Panel has made an order under regulation 3.11 (1) (b) above, the student may not present evidence beyond the scope of the evidence disclosed as a result of that order.

(4) Closing statements may be made, with the student being given the opportunity to speak last.

(5) The Panel may proceed with a hearing in the absence of the Proctors or the student except where, in the case of the student, it considers that his or her absence is due to circumstances beyond his or her control.

(6) The Panel may at any stage during the hearing, if it is just to do so, permit the Proctors to amend the notice of hearing by adding, omitting, or varying the terms of an alleged breach as it considers to be fair and reasonable.

3.24. At the conclusion of the hearing the Panel or the parties shall withdraw while the Panel considers its findings.

3.25. Where the case is found proved, the Panel shall announce its decision and then

(1) invite the Proctors to make a submission as to the appropriate level of penalty;

(2) the student shall be entitled to call witnesses whose evidence is relevant to penalty and make a statement in mitigation of penalty;

(3) if the student calls witnesses, the Proctors may call evidence in reply; and

(4) the Panel shall adjourn to determine the appropriate penalty by reference to its powers under section 10 11 and announce the penalty at the hearing.'

8 Ibid, amend regulation 3.30 as follows (new text underlined, deleted text struck through):

'3.30. The Chairman may, by an appropriate certificate in writing, correct any accidental errors in documents recording decisions of the Panel.'

9 Ibid, amend Parts 4 and 5 as follows (new text underlined, deleted text struck through):

'Determination of Appeals to the Panel under section 33

4.1. Unless the Chairman or a Vice-Chairman otherwise permits, an appeal against a decision of the Proctors under section 33 shall be made in writing to the Secretary within seven clear days after the announcement of the decision.

4.2

(1) When, under Statute XI, Part C, section 29 (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 a 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 3 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 9 8 of these regulations.

4.3. The appeal shall state whether it is made against the finding of proof of the breach offence or breaches offences or against the penalty or against both proof and penalty and shall set out the grounds of the appeal.

4.4. Within three days of receiving the appeal the Secretary shall deliver a copy of it to the Proctors.

4.5. Within seven days of receiving notice of the appeal the Proctors shall deliver to the Secretary:

(1) all documents previously served on the student by the Proctors; and

(2) a written statement of their reasons for their decision.

4.6. The procedure for the conduct and hearing of the appeal shall be as set out in Part 3 of these regulations so far as is applicable.

4.7. Pending the determination of an appeal under this Part, the Panel may on the application of the appellant suspend or defer the payment of a fine and/or compensation.

Part 5

Appeals made under section 41 34 (2), 43 36 (2) or section 48 (3)(c) 41 (5)

5.1. Any appeal made to the Panel under section 41 34 (2), section 43 (2) or section 48 (3)(c) 41 (5) shall be made in writing to the Secretary setting out the reasons for the appeal.

5.2.

(1) Within three days of receiving the appeal the Secretary shall deliver a copy of it to the Proctors.

(2) If the appeal is made under section 41 34 (2), the Secretary shall also deliver a copy of it to the head of the student member's college and shall invite the college to make a written submission within five days of receiving notice of the appeal.

5.3. Within seven days of receiving notice of the appeal or ten days if the appeal is made under section 41 34 (2) the Proctors shall deliver to the Secretary their response to the appeal which shall include:

(1) all documents previously served on the student by the Proctors;

(2) where applicable, a written statement of the reasons for their action; and

(3) any other evidence on which the Proctors intend to rely in support of their response.

5.4. The Secretary shall set a date and time for the hearing as expeditiously as possible, but giving not less than seven clear days' notice of the date and time to the student concerned and to the Proctors.

5.5 The Secretary shall send to the student member not less than seven days before the hearing a copy of the Proctors' response to the appeal under regulation 5.3 and the submission made by the college under regulation 5.2 (2) as may be applicable.

5.6. The procedure for the conduct and hearing of any appeal under this Part shall be as set out below.

5.7.

(1) The parties to the proceedings shall be entitled to give evidence at the hearing, to make an opening speech, to call witnesses, and to question any witness.

(2) The case for the Proctors shall be presented first.

(3) Closing statements may be made, the student concerned being given the opportunity to speak last.

5.8. The Secretary shall keep a sufficient record of the proceedings.

5.9. At the conclusion of the hearing the Panel or the parties shall withdraw while the Panel considers its decision.

5.10. The Panel may adjourn any proceedings from time to time, if it is just to do so, on such terms as it thinks fit.

5.11.

(1) The Panel shall announce its decision at the hearing and shall supply reasons for its decision in writing, normally within two weeks of the conclusion of the hearing.

(2) The Secretary shall provide copies of the decision to the Proctors and to the student concerned.

5.12. The Chairman or Vice-Chairman may, by an appropriate certificate in writing, correct any accidental errors in the documents recording decisions of the Panel.'

10 Ibid, amend regulation 8.3 as follows (new text underlined, deleted text struck through):

'8.3. The procedure for considering the matter shall be the procedure set out in Part 3 of these regulations so far as applicable and, if the Panel finds the complaint proved, it shall have the powers referred to in section 46 39 (2).'

11 Ibid, amend regulation 9.1 as follows (new text underlined):

'9.1. Written notice of any application for permission to appeal to the Student Appeal Panel against any decision of the Student Disciplinary Panel under the provisions of Statute XI shall clearly set out the grounds for appeal and (unless the Student Appeal Panel otherwise permits) be lodged with the secretary of the Student Appeal Panel not later than 14 days from the date of the Student Disciplinary Panel's written decision or reasons for its decision.'

12 In ICTC Regulations 1 of 2002, concerning the use of IT facilities, delete existing regulation 14 (2) and substitute (new text underlined):

'14.

(2)  Access to facilities may be withdrawn under section 48 or 49 of Statute XI pending a determination, or may be made subject to such conditions as the Proctors or the Registrar or other decision-maker (as the case may be) shall think proper in the circumstances.'

(2) Voting on a Resolution approving the conferment of an Honorary Degree

Explanatory Note

Colin Harris joined the Bodleian Library in 1967. He worked in the Duke Humfrey Reading Room (from 1968) and then the Modern Papers Reading Room in the New Bodleian (from 1980), before being appointed as Superintendent of the Special Collections Reading Rooms. He will retire in September 2017 having given 50 years' continuous and exemplary service to the Bodleian. The outstanding feature of his career has been his truly dedicated service to all types of library reader – from senior academics to masters' students, professional writers to amateur historians – whom he has advised with expertise and unfailing patience.

Text of Resolution

That the conferment of the Degree of Master of Arts, honoris causa, upon Colin Harris be approved.

If the resolution is approved, the degree will be conferred at a ceremony on a date to be confirmed.

Congregation2 March

Elections

Board of the Faculty of Law

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).