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Statute XI: University Discipline


Approved by Congregation on 16 June 2009 (date of effect 1 October 2009; Gazette, Vol. 139, p. 1272, 18 June 2009)

Amended on 7 June 2011 (date of effect 1 October 2011; Gazette, Vol. 141, p. 696, 9 June 2011), 22 October 2013 (Gazette, Vol. 144, p. 94, 24 October 2013), 14 October 2014 (Gazette, Vol. 145, p. 68, 16 October 2014), and 1 October 2016 (Gazette, Vol. 146, p. 674, 30 June 2016), 29 November 2016 (Gazette, Vol. 147, p. 125-127, 10 November 2016), 17 January 2017 (Gazette, Vol. 147, p. 178, 8 December 2016) and 15 February 2017

[ Page 1 of 2 : Contents : 1 2 ]


 Part C: Breaches by Student Members
* Part D: Breaches by other members
* Part E: Other Provisions
* Proctors' Annual Report
* Part F: Transitional Provisions


PART C: BREACHES BY STUDENT MEMBERS

29. (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, or, in the case of breaches of sections 3, 4 or 5 of the Proctors’ Disciplinary Regulations for Candidates in Examinations, to the Academic Conduct 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.

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, 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 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.

32. Council may from time to time by regulation specify the maximum amounts of the fines and/or compensation referred to in section 31 (3) (a) of this statute.

33. If the student member who is the subject of the disciplinary action is aggrieved by a decision of the Proctors he or she may appeal to the Student Disciplinary Panel.

34. If the Proctors consider in the light of additional evidence that their powers under section 31 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.

35. If the Proctors consider that a breach of sections 3, 4 or 5 of the Proctors' Disciplinary Regulations for Candidates in Examinations should be referred to the Academic Conduct Panel, they shall invite the student member to decide whether the matter should be referred to the Academic Conduct Panel or to the Student Disciplinary Panel. If the student member agrees that the matter should be referred to the Academic Conduct Panel, the only penalties which that Panel may impose are those set out in section 19 of this statute. The Proctors should refer breaches of sections 3, 4 or 5 of the Proctors' Disciplinary Regulations for Candidates in Examinations directly to the Student Disciplinary Panel if they consider that the powers of the Academic Conduct Panel under section 19 are insufficient to meet the gravity of the circumstances.

36. (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 Fitness to Study Panel 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.

37. (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 29 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 29 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

38. 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 3 or they shall, if they consider it appropriate to proceed, refer the matter to the Registrar.

39. If a matter is referred to the Registrar under section 38 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.

40. If a matter is referred to the Registrar under section 38 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

Amended on 29 November 2016 (Gazette, Vol. 147, p. 125-127, 10 November 2016)

41. (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.

42. 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.

43. (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 33 of this statute shall apply to orders made under this section.

44. 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.

45. (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 26 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 11 of Statute II.

46. (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 26 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 39 or section 40 of this statute.

47. (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 29) 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 26 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.

48. (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 a member of University staff, a member of Congregation or a student[1] who has the use of or access to the land, building, facilities, or services in question has caused or is likely or threatens to cause damage to property or inconvenience to other users, that person or body may immediately make a complaint under the provisions of this section.

(2) Where the conduct of the individual concerned gives rise to a need for immediate action, the person or body referred to in sub-section (1) above may ban the member of University staff, member of Congregation or student 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.

(3) A complaint against a student shall be made to the Proctors or to their nominee.

(a) Where appropriate, the Proctors shall consider the complaint as a complaint of a breach of the Code of Discipline as set out in sections 2–3 of this statute in accordance with the provisions of this statute, and any regulations made under it, and may impose a suspension or ban in accordance with section 43 of this statute.

(b) If the complaint is not of a breach of the Code of Discipline, the Proctors may nevertheless investigate the complaint and may ban the student from the use of or access to the land, building, facilities or services in question for up to 42 days if it is just and reasonable to do so.

(c) Where an order is made under sub-section (3) (b) above, the student shall have the right of appeal to the Student Disciplinary Panel.

(4) A complaint against a member of University staff or a member of Congregation shall be made to the Registrar who shall consider the complaint expeditiously:

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

(b) in the case of other members of University staff or other members of Congregation 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 sub-section 48 (4) (b) and may appoint another suitably qualified person or persons to act in his or her place; and

(d) the procedure to be adopted under sub-section 48 (4) (b) shall be determined by the person or persons considering the matter, giving due regard to the principles of natural justice.

(5) If the person referred to in sub-section (1) above is the Registrar, the functions assigned to the Registrar under sub-section (4) shall be performed by the Vice-Chancellor.

49. (1) If a member of University staff believes that an individual who is not a member of University staff or a member of Congregation or a student[1] who has the use of or access to any land or building of the University, or of any facilities or services provided by or on behalf of the University has caused or is likely or threatens to cause damage to property or inconvenience or distress to other users, that member of University staff may make a complaint under the provisions of this section.

(2) Where the decision-maker (as defined in sub-section (4) below) considers that the conduct of the individual concerned means that there is a significant and imminent risk of damage to property or distress or inconvenience to other users he or she may ban the individual concerned from the use of or access to the land, building, facilities or services for up to 42 days pending proceedings under this section.

(3) The use of or access to University land, buildings, facilities or services by an individual who is not a member of University staff, or a member of Congregation or a student is granted as a privilege.

(4) The complaint shall be made to a decision maker who shall be:

(a) the relevant Head of Department, or equivalent; or

(b) the Registrar where (a) does not apply.

(5) The decision-maker shall consider the complaint expeditiously and may appoint another suitably qualified person to act in his or her place.

(6) The decision-maker shall determine the procedure to be adopted and shall have the power to impose sanctions including, but not limited to, a temporary or permanent ban from the use of or access to the land, building, facilities or services in question.

(7) If the member of University staff making the complaint is the decision-maker, the functions assigned to the decision-maker under sub-sections (2), (4), (5) and (6) shall be performed by the Vice-Chancellor.

Proctors’ Annual Report

50. 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

51. 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.

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[1] “student” for the purposes of this section means either (a) a student member or (b) another individual to whom the Code of Discipline applies under the terms of a contract of study with the University.