Congregation Meeting, 15 October 2024

Resolution and proposed amendments on Statute XI.

On 23 May 2024, the Gazette published a legislative proposal in relation to Statute XI: University Discipline, plus consequential amendments to other legislation, (Gazette, No.5422, p.465, 23 May 2024). Notice of opposition and a resolution were subsequently received.

The legislative proposal was withdrawn from the agenda of 11 June and the corresponding resolution was on the agenda of Congregation for 25 June (10th week).  A proposed amendment to the resolution was submitted by two members of Congregation. As per Congregation regulations, the Proctors were asked to consider an adjournment, to which they agreed.  The resolution was therefore on the agenda of the first meeting of Congregation of the new academic year (15 October). 

Subsequently, the original amendment was withdrawn and a new proposed amendment was received and published in the Gazette, No.5429, p.8, 18 July 2024. The resolution and the second proposed amendment are set out below.

As the implementation of the Higher Education (Freedom of Speech) Act 2023 had been paused, approval from the movers of the resolution and of the amendment was given to remove reference to this.  Approval was also given to remove the reference to ‘0th’ week from the resolution, since the meeting of Congregation was to take place in 1st week.

As no opposition against the amendment was submitted to the Registrar, no vote took place and the Chair declared the amended resolution carried.

‘1) That Statute XI, as subject to any amendments, be shown to be consistent with (i) the current legal duties upon the University, including but not limited to the Human Rights Act 1998, the Education (no. 2) Act 1986, the Equality Act 2010, and the Higher Education (Freedom of Speech) Act 2023, as well as recent developments in associated domestic and international case law and (ii) the protections and rights that this University has extended to its faculty, staff, and students in previous resolutions of Congregation, including but not limited to academic freedom as defined in Statute XII reference to the UNESCO Recommendation.

2) That a Steering Group is formed and comprised of relevant University officials, representatives of the Conference of Colleges, and no less than five elected members of Congregation no later than 0th week of Michaelmas Term 2024. The purpose of the Steering Group is to review Statute XI, and consider any amendments, alongside relevant policies and guidance, with an eye to ensuring that the provisions reflect human rights law, and the existing protections and freedoms extended to its members by this University.’
 

‘That a university working group shall be convened to recommend revisions to the proposal for amendments to Statute XI previously submitted to Congregation for a meeting on 11 June 2024, so that the proposal can be implemented subject to those revisions. This work should begin in MT2024. The Working Group shall include relevant university officials, a student appointed by the Student Union, and five members of Congregation (one appointed by Conference of Colleges and four appointed by each of the four divisional boards from within their own division) who will bring relevant experience and expertise to the Working Group (for example, experience of student welfare, disciplinary processes, expertise in human rights law and in legislation relating to freedom of expression and academic freedom). Appointments shall be made at the earliest opportunity in MT 2024 following a call for expressions of interest.  The Working Group shall consult widely with members of academic staff and professional services, as well as students, to help inform their recommendations. It shall then submit an amended legislative proposal for changes to Statute XI to Education Committee, General Purposes Committee and Council. Noting that this work may usefully be combined with that needed to implement the OfS Regulatory Guidance on Freedom of Speech, but that it is not yet known when that guidance will be available, the The remit of the Working Group shall include consideration of the legal context within which Statute XI operates including: (i) all relevant law, including but not limited to the Human Rights Act 1998, the Education (no. 2) Act 1986, the Equality Act 2010, and the Higher Education (Freedom of Speech) Act 2023, as well as associated domestic and international case law and (ii) the protections and rights that this university has extended to its faculty, staff, and/ or students in previous resolutions of Congregation, including but not limited to academic freedom as defined in the Statute XII reference to the UNESCO Recommendation.’

It is intended that a transcript1 of the meeting will be published in the Gazette and on the Congregation website. As a result of time constraints, it will not be possible to check the report of the proceedings with individual speakers before publication. 

[1] The transcript may be edited for legal reasons

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