Statute XI: University Discipline

DEFINITIONS

1. (1) In this statute unless the context otherwise requires the following words and expressions shall have the following meanings:

(a) for the purposes of this statute and of any regulations made under this statute, the phrase:

(i) ‘member of the University’ or ‘student member’ means any individual so defined under the provisions of Statute II;

(ii) ‘student member’ means, in addition any other individual who, though not a member or student member under the provisions of Statute II, is a candidate for any University examination;

(iii) ‘student member’ means, in addition, any other individual who, though not a student member under the provisions of Statute II, is a student at the University and has a contract with the University which requires them to abide by this Statute; or

(iv) ‘member of the University’ or ‘student member’ means, in addition any individual who was defined as such under (i), (ii) or (iii) either (a) at the beginning of disciplinary proceedings and against whom disciplinary proceedings are ongoing or (b) at a time when the alleged breach of the provisions of section 5 or 6 of this statute occurred.

(b) ‘ban’ means withdraw the right of access to specified land, buildings, facilities or services of the University for a fixed period or pending the fulfilment of certain conditions;

(c) ‘college’ means any college, society, or Permanent Private Hall recognised by or established under Statute V;

(d) ‘expel’ means deprive a member permanently of their membership of the University, or, in relation to a student member who is not a member of the University, permanently withdraw them from their course;

(e) ‘suspend’ means withdraw the right of access to all of the land, buildings and facilities of the University including teaching, examinations and all related academic services for a fixed or indeterminate period or until the fulfilment of specified conditions either as a penalty imposed following a disciplinary investigation or where action is taken as a precautionary measure pending further investigation, or where access is otherwise withdrawn under the Statutes or Regulations for non-disciplinary reasons. Unless a Proctor, the Student Disciplinary Panel or the Student Appeal Panel otherwise orders, a student member who is suspended under this statute shall not for so long as the suspension is in force be entitled to enter or participate in any university examination for the award of any degree, diploma, certificate or prize or other award of the University or any qualifying examination for entry into such examination;

(f) ‘examination’ includes the submission and assessment of a thesis, dissertation, essay, practical work or other coursework and any other exercise, including in the case of graduate student members transfer and confirmation of status exercises, which is not undertaken in formal examination conditions that counts towards or constitutes the work for a degree or other academic award;

(g) “in a university context” means any of the following:

(i) on university or college premises;

(ii) in the course of university activity within or outside Oxford whether academic, sporting, social, cultural, or other.

CODE OF DISCIPLINE

2. The University shall only take disciplinary action in relation to conduct which occurs in a university context, except as set out in section 5 (2) (j) below or, exceptionally, as otherwise indicated in the Student Disciplinary Procedures as defined in section 10 (3) below.

3. Any decision under this Statute must be in accordance with the values and expectations set out in the University’s Code of Practice on Freedom of Speech.

4. Any decision relating to whether speech (in any form) breaches the Code of Discipline must be determined on the basis of an objective assessment of the content of the speech as well as on the basis of the perception of the recipient.

5. (1) Members of the University and student members shall:

(a) comply with all requirements, orders and duties imposed upon them by a statute or regulation of the University, or any rules, procedures or policies made thereunder;

(b) comply with any reasonable instruction given by an officer or an employee or agent of the University or of any college or any person authorised to act on their behalf;

(c) comply with the provisions of the University’s code of practice in relation to freedom of speech as issued by Council at any given time;

(d) comply with the provisions of the University’s code of practice in relation to academic integrity in research at any given time;

(e) comply with the provisions of the University’s regulations relating to the use of the libraries or the information and communications technology facilities of the University at any given time;

(f) in relation to student members only, and in relation to Specified Criminal Offences only, promptly inform the Proctors in writing if they have been arrested by the police and released under investigation (with or without restrictions), been charged, face trial or a hearing or been sentenced and whether in the UK or abroad where the behaviour in question is also an offence under English law.

(2) No member of the University or student member shall (or shall attempt to):

(a) disrupt or obstruct any of the teaching or study or research or the administrative, sporting, social, cultural, or other activities of the University, or of its members, or its officers, employees and agents, including by disrupting or obstructing the lawful exercise of freedom of speech by any of those persons or by visiting speakers. However, it shall not be a disciplinary breach to engage in protests permitted by the Proctors under the Code of Practice on Freedom of Speech;

(b) deface, damage, or destroy any property of the University or any college or any other person or knowingly misappropriate such property, including by its unauthorised occupation;

(c) engage in action which is likely to cause injury or to impair safety;

(d) engage in violent, indecent, disorderly, degrading, humiliating, or threatening behaviour or language or in any harassment, bullying, or sexual misconduct towards any other person, or mistreat any animal;

(e) engage in dishonest behaviour, including by forging or falsifying any document, (a) which causes any person loss or harm, or (b) in relation to the University, the holding of any university office, or any application for any university membership, office or position or any student place at the university (in which case such dishonesty shall be understood to be continuing throughout the period when they hold that membership, office, position or student place);

(f) create or provide directly or indirectly for a candidate or candidates in any examination of this University or elsewhere material that constitutes a model or draft intended to meet substantially or wholly the requirements of any exercise in that examination, and which, in part or in whole, could be submitted without attribution by an examination candidate in order to meet or to attempt to meet the requirements of the examination;

(g) possess, use, offer, sell, or give to any person items (including drugs and weapons), the possession, use, or provision of which is illegal;

(h) engage in any academic misconduct;

(i) fail to comply with the requirements in the Regulations of the Rules Committee relating to behaviour after examinations; or,

(j) be convicted of a Specified Criminal Offence anywhere in the world while a student member, except where the behaviour in question is not an offence under English law.

(3) (a) “Harassment” has the meaning given in section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act 1997 (in its entirety, and as interpreted by section 7 of the Act).

(b) “Bullying” has the meaning set out in the University’s Harassment Policy at any given time.

(4) A member of the University or student member commits “sexual misconduct” if they engage in any unwanted conduct of a sexual nature. Conduct is “unwanted” if it is not consented to and if the relevant member does not have a reasonable belief that consent has been given.

(5) A student member commits “academic misconduct” if they fail to comply with the following requirements as regards a candidate for examination:

(a) No candidate shall cheat or act dishonestly, or attempt to do so, in any way, whether before, during or after an examination, so as to obtain or seek to obtain an unfair advantage in an examination. Examples include unauthorised use of artificial intelligence;

(b) Candidates shall submit their own work for examination. No candidate shall plagiarise by presenting work from another source as their own, or by incorporating work or ideas from another source into their own work without full acknowledgement. Examples of this practice include: verbatim quotation, cutting and pasting from the internet, and paraphrasing without clear acknowledgement; collusion; misleading citation; failure to acknowledge assistance; and unacknowledged use of material written by professional agencies or other persons, or material generated by artificial intelligence;

(c) Unless specifically permitted by the Special Subject Regulations for the examination concerned, no candidate shall commit autoplagiarism, ie submit to the examiners any work which they have previously submitted partially or in full for examination at this University or elsewhere. Work published previously in a peer-reviewed journal or similar may be cited, provided the candidate references it clearly and ensures that any wording, ideas or other material copied, paraphrased or drawn from it is made clear in the work being examined. However, where that publication includes material already submitted for examination, use of that previously examined material will constitute auto-plagiarism;

(d) No candidate shall take, or attempt to take, into an examination any unauthorised material (including revision notes), item or device, nor use or attempt to use such material, item or device;

(e) No candidate shall copy from the script of another candidate or in any other way dishonestly receive help from another person in an examination;

(f) No candidate may communicate with any person other than an invigilator during an examination;

(g) No candidate may leave or re-enter an examination room unless permitted by an invigilator;

(h) No candidate shall enter an examination room more than thirty minutes after an examination has started except with the permission of the Proctors or an invigilator;

(i) No candidate shall, unless permitted by the Proctors or an invigilator, leave an examination room within thirty minutes of the beginning of an examination; or within thirty minutes of the time at which it is due to end;

(j) No candidates may use paper in an in-person examination except that which is provided for them;

(k) Candidates must hand back to an invigilator all the paper provided for writing their answers, including paper used for rough drafts and paper which has not been used. No paper may be removed from the examination room other than the question-paper for the examination that has just been completed.

(6) A “Specified Criminal Offence” is a criminal offence in respect of which a custodial sentence (whether immediate or suspended) could be imposed for committing the criminal offence in question, in accordance with the law of the place in which the criminal offence was committed.

6. No member of the University or student member shall incite or conspire with any other individual to engage in any of the conduct prohibited under this Part.

REGULATIONS

7. (1) 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, may, subject to the statutes and regulations, make regulations governing the use of that land or building or of those facilities or services.

(2) If regulations proposed to be made under this section are submitted to the Proctors and the Proctors are satisfied that they;

(a) relate to minor matters, governing the detailed management of the land, building, facilities, or services concerned, and

(b) are to be published in such a way as reasonably to bring them to the notice of the users of the land, building, facilities, or services concerned,

the regulations in question shall have immediate effect on publication, and shall bind all users of the land, building, facilities, or services to which they refer to the extent provided in them.

8. (1) Council shall establish and maintain a Rules Committee for the purpose of making regulations not inconsistent with the statutes governing the conduct of student members except in relation to the regulations relating to the academic dress of student members or conduct in examinations.

(2) The Rules Committee shall keep all regulations made by it under review and may amend or repeal those regulations as it thinks fit.

(3) The constitution and further powers and duties of the Rules Committee shall be set out by Council by regulation.

(4) The Proctors may, if they consider the matter urgent, make regulations relating to the conduct of student members which are not inconsistent with the statutes and regulations.

(5) Any regulations made by the Proctors under this section shall be published forthwith in the University Gazette and shall have immediate effect on publication, save where it is necessary or appropriate for regulations to be introduced at shorter notice, in which case such regulations may be published on the University's website and will have immediate effect on such publication.

(6) Any exercise of this power shall be reported at once to the Rules Committee, and the regulations shall lapse unless the Rules Committee confirms them by a regulation, in the same or substantially the same terms, made and published in the University Gazette within three weeks of Full Term from the day the regulations were made by the Proctors.

(7) If the regulations are not confirmed, they shall none the less have effect from the time at which they were published until the time the Rules Committee decides not to confirm them, or until they lapse, whichever is the earlier.

DISCIPLINARY PANELS AND APPEAL COURT OF THE UNIVERSITY

9. There shall be two Panels and one Court as follows:

(1) The Student Disciplinary Panel;

(2) the Student Appeal Panel;

(3) the Appeal Court.

10. (1) Council shall publish a document entitled “Student Disciplinary Procedure (Non-Academic Cases)” (the “Non-Academic Disciplinary Procedure”) which shall specify the procedure under which a Proctor, the Student Disciplinary Panel and/or the Student Appeal Panel shall hear and determine referrals of student members who are alleged to have breached section 5 or 6 of this statute, save where section 10(2) applies. The Non-Academic Disciplinary Procedure may set out requirements and procedures for any matter arising from this statute.

(2) Council shall publish a document entitled “Student Disciplinary Procedure (Academic Cases)” (the “Academic Disciplinary Procedure”) which shall specify the procedure under which a Proctor, the Student Disciplinary Panel and/or the Student Appeal Panel shall hear and determine referrals of student members who are alleged to have committed Academic Misconduct. The Academic Disciplinary Procedure may set out requirements and procedures for any matter arising from this statute.

(3) The Non-Academic Disciplinary Procedure and the Academic Disciplinary Procedure shall be referred to collectively as the “Student Disciplinary Procedures”.

(4) The Student Disciplinary Procedures may set out criteria for determining whether a matter should be addressed under the Non-Academic Disciplinary Procedure or the Academic Disciplinary Procedure, and for any other matter concerning the relationship between the Non-Academic Disciplinary Procedure and the Academic Disciplinary Procedure. Each of the Non-Academic Disciplinary Procedure and the Academic Disciplinary Procedure may incorporate parts of the other by reference.

11. It shall be the responsibility of a Proctor to consider any alleged breach of section 5 or 6 of this statute by a student member, according to the provisions of the Student Disciplinary Procedures, which may include the Proctor determining the matter, a Proctors’ Disciplinary Hearing or referring the matter to the Student Disciplinary Panel.

12. The Student Disciplinary Procedures shall specify the powers and penalties available to each decisionmaker when determining allegations of breaches of the Code of Discipline, i.e. a Proctor, a Proctor’s Disciplinary Hearing, the Student Disciplinary Panel, and Student Appeal Panel. Such powers and penalties, which shall be specified in the Disciplinary Student Procedures, shall in appropriate cases include the power to ban, expel or suspend the student member, amongst other penalties.

13. The Student Disciplinary Procedures shall set out requirements and procedures in respect of the members of the Student Disciplinary Panel and Student Appeal Panel, including their appointment and removal.

14. The Student Disciplinary Procedures shall set out requirements and procedures for the investigation of matters which could form the subject of a referral under section 11 of this statute. A Proctor, and persons designated by the Proctor, shall have the power to summon any member of the University or student member to assist them in any such investigation.

15. In all cases a Proctor, a Proctor’s Disciplinary Hearing, the Student Disciplinary Panel, and Student Appeal Panel shall have power to determine any question concerning the interpretation and application of the University’s statutes or regulations, and in accordance with the Student Disciplinary Procedures, to hear evidence.

16. (1) The Appeal Court shall consist of five individuals appointed by the High Steward who are not members of the University and each of whom is:

(a) a Lord or Lady of Appeal, a Lord or Lady Justice of Appeal, or a Justice of the High Court of Justice; or

(b) an individual who has held such an appointment and is retired; or

(c) a King's Counsel of not less than six years’ standing.

(2) The individual appointed shall serve for three years and may be reappointed.

(3) A sitting of the Appeal Court shall be sufficiently constituted by one of its members sitting alone.

17. (1) The function of the Appeal Court shall be to hear and determine, in accordance with procedure set out in regulations made under section 19 of this statute:

(a) appeals against a decision of the Visitatorial Board under section 34 of statute XII to recommend dismissal;

(b) any appeal against a decision reached by a tribunal under Part G of Statute XII;

(c) appeals from the Vice-Chancellor against a decision on a dispute over the interpretation or application of a statute or regulation made under section 5 of Statute XVII;

(d) other appeals which are designated to be made to the Appeal Court in regulations made by Council.

(2) In relation to appeals made under Part H of Statute XII the Appeal Court shall have the powers laid down in that Part.

(3) (a) In relation to all other appeals the Appeal Court shall have full power to determine any question of law and of fact, and, in exceptional circumstances only, to hear evidence.

(b) The Court may quash or confirm the decision appealed against, or make any order in substitution for it which the tribunal whose order is being appealed could have made.

18. (1) The Appeal Court may, if it thinks it is in the interests of justice and fairness to do so, sit with no more than two assessors who are members of Congregation appointed by the High Steward and who have knowledge and experience of the practice and procedures of the University relevant to the issues raised in the appeal.

(2) The assessor or assessors shall assist and advise the Court on matters of practice and procedure relevant to the appeal but shall not be party to the Court’s decision.

19. (1) Further rules relating to the constitution, powers, duties, and procedures relating to the Proctors (including at a Proctor's Disciplinary Hearing), the Student Disciplinary Panel, the Student Appeal Panel, and the Appeal Court, and the powers, duties, and procedures of the Proctors in relation to matters covered by this statute, may be set out by Council by regulation or in the Student Disciplinary Procedures.

(2) Any rules made under sub section (1) above shall comply with the principles of natural justice.

THE PROCTORS

20. The Proctors shall take such steps as they consider necessary to prevent any breach of sections 5 and 6 of this statute.

21. If a Proctor or any member of the university staff who is authorised by the Proctor for the purposes of this 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 they may impose a fine on that student member (called “an immediate fine”) on becoming aware of the breach in question. The Student Disciplinary Procedures shall set out 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 to the Student Disciplinary Panel.

22. If a Proctor has reasonable grounds to believe that a breach of section 5 or 6 of this statute has been committed by a student member who is also a member of the University’s staff and/or is a person to whom Statute XII applies, they shall before deciding to proceed under section 11 of this statute consult with appropriate stakeholders including the University’s human resources function in order to decide whether the matter should be referred under the appropriate staff process, which will normally be a referral to the relevant Head of Department.

23. If a Proctor has reasonable grounds for believing that a breach of section 5 or 6 has been committed by a member of the University who is not a student member they shall, if they consider it appropriate to proceed, refer the matter to the Registrar.

24. If a matter is referred to the Registrar under section 23 of this statute against a member who is not an individual 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.

25. (1) The Proctors shall have the power to impose “precautionary measures” on any student member or members where there are reasonable grounds for the imposition of such measures, in accordance with the Student Disciplinary Procedures. Any precautionary measure which relates to college premises or facilities shall be subject to endorsement by the relevant college.

(2) A period of suspension imposed by a college upon one of its members as a precautionary measure or as a penalty shall apply also to university premises and facilities subject to endorsement by a Proctor, at which point it shall be treated as a precautionary measure imposed under section 25 (1).

(3) The senior responsible owner and/or head of department in charge of any land or building of the University, or of any facilities or services provided by or on behalf of the University, if they have reasonable grounds to believe that a student member 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 harm to other users, may as a precautionary measure pending action under the Student Disciplinary Procedures, ban that student member from the land, building, facilities, or services in question for up to twenty one days.

26. A student member shall have the power to appeal to the Student Disciplinary Panel in respect of any precautionary measure imposed pursuant to section 25.

27. (1) If the Student Disciplinary Panel, the Student Appeal Panel, or a Proctor 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 which impedes or is likely to impede their ability to have their conduct fairly considered under the relevant disciplinary procedure the Panel concerned or the Proctor 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.

28. (1) If a person or body having charge of any land or building of the University (where applicable this will be the relevant senior responsible owner or head of department), 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, or a member of Congregation (but not a person who is only a student member) 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 harm 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 or member of Congregation 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 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 the Registrar will refer this matter for further consideration in accordance with the relevant disciplinary procedure;

(b) in the case of 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 them by the Registrar under sub-section (3) (b) and may appoint another suitably qualified person or persons to act in their place; and

(d) the procedure to be adopted under sub-section (3) (b) shall be determined by the person or persons considering the matter, giving due regard to the principles of natural justice.

(4) If the person referred to in sub-section (1) above is the Registrar, the functions assigned to the Registrar under sub-section (3) shall be performed by the Vice-Chancellor.

29. (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 member 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 they 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 member 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 penalties 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.