Statute XI: University Discipline

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 3 or 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 11 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.

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