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 (2) or (3) 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 his or her membership of the University;

(e) ‘harassment’ means unwanted and unwarranted conduct towards another individual which has the purpose or effect of:

(i) violating that other’s dignity; or

(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for that other;

(f) ‘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;

(g) ‘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 an interim measure pending further investigation, or where access is otherwise withdrawn under the Statutes or Regulations for non-disciplinary reasons;

(h) ‘sexual misconduct’ means any behaviour of a sexual nature which takes place without consent where the individual alleged to have carried out the misconduct has no reasonable belief in consent;

(i) ‘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.

(2) Unless 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.

CODE OF DISCIPLINE

2. (1) No member of the University shall in a university context intentionally or recklessly:

(a) disrupt or attempt to disrupt teaching or study or research or the administrative, sporting, social, cultural, or other activities of the University;

(b) disrupt or attempt to disrupt the lawful exercise of freedom of speech by members, student members, and employees of the University or by visiting speakers;

(c) obstruct or attempt to obstruct any officer, employee, or agent of the University in the performance of his or her duties;

(d) deface, damage, or destroy or attempt to deface, damage or destroy any property of the University or any college or any other individual or knowingly misappropriate such property;

(e) occupy or use or attempt to occupy or use any property or facilities of the University or of any college except as may be expressly or impliedly authorised by the university or college authorities concerned;

(f) forge or falsify any university certificate or similar document or knowingly make false statements concerning standing or results obtained in examinations;

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

(h) engage in violent, indecent, disorderly, threatening, or offensive behaviour or language;

(i) engage in any dishonest behaviour 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 he or she holds that membership, office, position or student place);

(j) disobey a reasonable instruction given within their authority by one of the Proctors or their deputies;

(k) refuse to disclose his or her name and other relevant details to an officer or an employee or agent of the University or of any college in circumstances where it is reasonable to require that that information be given;

(l) possess, use, offer, sell, or give to any individual drugs, the possession or use of which is illegal;

(m) engage in the harassment of or sexual misconduct towards any member, visitor, employee, or agent of the University or of any college;

(n) fail to comply with an order made under sections 10, 11, 16, 19 or 23 of this statute.

(2) No member of the University shall intentionally or recklessly breach any regulation

(a) relating to the use of the libraries or the information and communications technology facilities of the University;

(b) relating to conduct in examinations which is designated by Council as a disciplinary regulation for the purposes of this statute;

(c) made under any section in this statute.

(3) Every member of the University shall, to the extent that such provisions may be applicable to that member, comply with the provisions of the codes of practice issued from time to time by Council pursuant to the duty imposed by section 43 of the Education (No. 2) Act 1986 and duly published in the University Gazette.

(4) No member of the University shall intentionally or recklessly:

(a) 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;

(b) enter into any agreement to act in breach of section 2.(4) (a) of this Code;

(c) assist or encourage directly or indirectly any individual or individuals to act in breach of sections 2. (4) (a), and 2. (4) (b) of this Code.

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

REGULATIONS

4. (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.

5. (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.

6. (1) 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.

(2) Any regulations made by the Proctors under this section shall be published forthwith in the University Gazette and shall have immediate effect on publication.

(3) 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.

(4) 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

7. There shall be three Panels and one Court as follows:

(1) The Student Disciplinary Panel;

(2) the Student Appeal Panel;

(3) the Academic Conduct Appeal Panel;

(4) the Appeal Court.

8. (1) The Student Disciplinary Panel shall comprise a chair, two or more vice-chairs, and eleven or more other members, who shall each serve for three years and may be reappointed.

(2) The chair and vice chairs shall be appointed by the High Steward from among the members of Congregation who are barristers or solicitors of at least five years’ standing or who have experience which makes them suitable for appointment.

(3) The other members shall be appointed by Council from among the members of Congregation.

(4) A sitting of the Panel shall be sufficiently constituted by a panel comprising three members of whom at least one shall be the chair or a vice-chair, and shall be convened in accordance with the regulations made under section 25 of this statute.

9. (1) The function of the Student Disciplinary Panel shall be to hear and determine, in accordance with procedure set out in regulations made under section 25 of this statute, allegations made to it by the Proctors that a student member has committed a breach of the provisions of section 2 or 3 of this statute, appeals against decisions under sections 29 (2), 33, 42 (2), 44 (2), 45 (2), 49 (3) and 50 of this statute.

(2) No complaint made by the Proctors shall be heard by the Student Disciplinary Panel more than six months after the date of the first interview unless the Chair or Vice-Chair sitting on that occasion decides at his or her discretion to allow the complaint to be heard on the grounds that there is good cause for the delay.

10. (1) If the Student Disciplinary Panel is satisfied that the student member has committed a breach of sections 2 or 3 of this statute it may:

(a) issue the student member with a written warning;

(b) require the student member to attend a programme of education;

(c) require the student member to enter a temporary or permanent restriction on contact with a named individual or individuals;

(d) impose a fine of such amount as it thinks fit;

(e) suspend the student member’s access to or exclude the student member from University accommodation or require the student member to move to other University accommodation (subject to the terms of the student member’s lease);

(f) order the student member to pay compensation to any individual or body suffering injury, damage, or loss as a result of the student member’s conduct;

(g) issue directions in relation to the future provision of references for the student member;

(h) make an order banning the student member from specified University premises or facilities for such period or on such terms as it thinks fit;

(i) subject to endorsement by the relevant college, make an order banning the student member from specified college premises or facilities for such period or on such terms as it thinks fit;

(j) suspend the student member for such period as it thinks fit;

(k) expel the student member;

(l) recommend to Council that the student member be deprived of the degree to which the disciplinary proceedings relate.

(2) The Student Disciplinary Panel may impose any of the penalties referred to in sub-section (1) above separately or in any combination.

(3) If the Student Disciplinary Panel is satisfied that a student member has intentionally or recklessly committed a breach of the disciplinary regulations relating to conduct in examinations it may order the examiners to

(a) if practicable, exclude from assessment any part of the work submitted that the examiners are satisfied is not the student member’s own work; and/or

(b) in addition or alternatively to imposing one or more of the penalties referred to in sub-section (1) above, impose one or more of the following penalties specifying the mark or class of degree, as applicable:

(i) reduce a mark awarded to any piece of work;

(ii) award no mark to or disregard any piece of work;

(iii) substitute an alternative mark for any piece of work;

(iv) reduce by one or more classes any degree classification;

(v) permit and direct a student member to re-sit an examination or resubmit a piece of work on such conditions as it thinks fit;

(vi) award a pass degree instead of an honours degree;

(vii) fail the student member in the examination or part of the examination concerned.

(4) If the Panel is satisfied that the student member has committed a breach of the provisions of section 2 or 3 of this statute, it may in addition to exercising its powers under sub-sections (1), (2) and (3) above give the student member a written warning as to his or her future conduct and the Proctors shall keep a record of the warning.

11. (1) The Student Disciplinary Panel shall also have the function of determining, in accordance with the procedures set out in the regulations made under section 25 of this statute, appeals made by student members under sections 33, 42 (2), 44 (2), 45 (2), 49 (3), and 50.

(2) The conduct of appeals shall be by way of rehearing.

(3) In the exercise of its appellate powers the Panel may quash or confirm the decision appealed against, or make any order in substitution for it which the person or body whose order is being appealed could have made.

12. In all cases the Student Disciplinary Panel shall have power to determine any question concerning the interpretation and application of the University’s statutes or regulations, and to hear evidence.

13. If the student member who is the subject of the disciplinary action is aggrieved by a decision of the Student Disciplinary Panel acting as a primary decision-making body (rather than in the exercise of its appellate powers) he or she may apply for permission to appeal to the Student Appeal Panel.

14. (1) The Student Appeal Panel shall consist of three individuals appointed by the High Steward, who shall be external individuals who hold a legal qualification and have experience which makes them suitable for appointment and shall not be members of Congregation.

(2) Members of the Student Appeal Panel shall serve for three years and may be reappointed.

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

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

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

16. (1) The function of the Student Appeal Panel shall be to hear and determine, in accordance with procedure set out in regulations made under section 26 of this statute:

(a) appeals from decisions of the Student Disciplinary Panel acting as the primary decision-making body (rather than its exercise of its appellate powers);

(b) other appeals which are designated to be made to the Student Appeal Panel in regulations made by Council.

(2) (a) The Student Appeal Panel shall have full power to determine any question of law and of fact, and, in exceptional circumstances only, to hear evidence.

(b) The Panel 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.

17. (1) The Academic Conduct Appeal Panel shall comprise five or more members, who shall each serve for three years, and may be reappointed.

(2) The members shall be appointed by Council from among the members of Congregation. The appointed members shall have relevant experience, for example through being a former Proctor or former member of the Student Disciplinary Panel.

(3) A sitting of the Academic Conduct Appeal Panel, which may take place at a meeting or by correspondence, shall be sufficiently constituted by a panel comprising one member appointed under section 17 (1) and (2) and shall be convened in accordance with the regulations made under section 25 of this statute.

18. (1) The function of the Academic Conduct Appeal Panel shall be to consider appeals against a Proctor’s decision involving alleged breaches of the provisions of section 2 (2) (b) of this statute.

(2) The Academic Conduct Appeal Panel shall only consider appeals against a Proctor’s decision in relation to sections 3, 4 or 5 of the Proctors' Disciplinary Regulations for Candidates in Examinations.

19. If the Academic Conduct Appeal Panel is satisfied that a student member has committed a breach of sections 3, 4 or 5 of the Proctors' Disciplinary Regulations for Candidates in Examinations it may:

(a) direct that the student member receives support and training relating to good academic practice;

(b) direct the examiners to reduce the mark for a piece of work;

(c) award no mark to a piece of work and direct that the work must be resubmitted, but that the mark for the resubmitted work should not be capped; and/or

(d) award no mark to a piece of work and direct that the work must be resubmitted and that the mark for the resubmitted work be capped;

(e) in the cases of (c) and (d), the Panel may direct the examiners to accept resubmitted work in place of the original submitted work, if the regulations for the relevant course do not normally allow for work to be resubmitted.

20. The Panel shall not impose any penalty which would result in failure of the entire award. If the Panel is of the view that the penalty within its powers that it has determined it is appropriate to apply would have such a result, it shall refer the student member to the Student Disciplinary Panel.

21. If the Academic Conduct Appeal Panel is satisfied that a student member has not committed a breach of sections 3, 4 or 5 of the Proctors' Disciplinary Regulations for Candidates in Examinations, but believes that they would benefit from support and training relating to good academic practice, it may direct that they should receive this.

22. (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 Queen’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.

23. (1) The function of the Appeal Court shall be to hear and determine, in accordance with procedure set out in regulations made under section 25 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.

24. (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.

25. (1) Further rules relating to the constitution, powers, duties, and procedures of the Student Disciplinary Panel, the Student Appeal Panel, the Academic Conduct Appeal Panel and the Appeal Court, and the powers, duties, and procedures of the Proctors in relation to matters covered by this statute, shall be set out by Council by regulation.

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

THE PROCTORS

26. The Proctors shall have the following duties under this statute in addition to those referred to in sections 4 and 6:

(1) to take such steps as they consider necessary to enforce sections 2 and 3 of this statute and to prevent any breach of them;

(2) to consider investigating any complaint that a member of the University to whom section 2 or 3 of this statute applies has committed a breach of that section;

(3) where they consider it appropriate to investigate, to seek to identify the individual responsible for any such breach.

27. The Proctors should only investigate where they consider that it is appropriate in all the circumstances to do so, and in particular may decline to investigate complaints:

(a) which are frivolous and/or vexatious;

(b) where the conduct complained about happened more than 6 months ago; and/or

(c) where another body, such as a college, is better placed to investigate.

28. (1) In carrying out their duties the Proctors shall have the power to summon any member of the University to assist them in their inquiries.

(2) A failure to give such assistance without reasonable cause shall constitute a breach of section 2 (1) (c) of this statute

29. (1) If the Proctors have reasonable grounds for believing that there is a case to answer that a student member has committed a breach of section 2 or 3 of this statute they may, if they consider it appropriate to proceed, refer the matter to the Student Disciplinary 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 26 of this statute into an alleged breach other than one which is so serious that there is a reasonable possibility that if the student member concerned were found to have committed the breach in question the appropriate penalty could be expulsion 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;

(b) a written warning as to his or her future conduct, of which the Proctors shall keep a record;

(c) requiring the student member to attend a programme of education;

(d) requiring the student member to enter a temporary or permanent restriction on contact with a named individual or individuals;

(e) an order banning the student member from specified University premises or facilities for such period or on such terms as the Proctors think fit; and/or

(f) subject to endorsement by the relevant college, an order banning the student member from specified college premises or facilities for such period or on such terms as the Proctors think fit.

(4) Further rules relating to the procedures of the Proctors under this section shall be set out in regulations made under section 25 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. (1) The Proctors are responsible for investigating breaches of the provisions of section 2 (2) (b) of this statute relating to sections 3, 4 or 5 of the Proctors’ Disciplinary Regulations for Candidates in Examinations.

(2) If the Proctors are satisfied that a student member has committed a breach of sections 3, 4 or 5 of the Proctors’ Disciplinary Regulations for Candidates in Examinations they may:

(a) direct that the student member receives support and training relating to good academic practice;

(b) direct the examiners to reduce the mark for a piece of work;

(c) award no mark to a piece of work and direct that the work must be resubmitted, but that the mark for the resubmitted work should not be capped;

(d) award no mark to a piece of work and direct that the work must be resubmitted and that the mark for the resubmitted work be capped; and/or

(e) in the cases of (c) and (d), the Proctors may direct the examiners to accept resubmitted work in place of the original submitted work, if the regulations for the relevant course do not normally allow for work to be resubmitted.

(3) The Proctors should refer the student member for breaches of sections 3, 4 or 5 of the Proctors’ Disciplinary Regulations for Candidates in Examinations to the Student Disciplinary Panel if they are of the view that a breach of such seriousness has been committed that the penalties set out in section 35 (2) of this statute are not appropriate.

(4) The Proctors shall not impose any penalty which would result in failure of the entire award. If the Proctors are of the view that such a penalty is appropriate, it shall refer the student member to the Student Disciplinary Panel under section 35 (3) above.

36. If the student member who is the subject of disciplinary action under section 35 is aggrieved by a decision of the Proctors he or she may appeal to the Academic Conduct Appeal Panel.

37. (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.

38. (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 an individual 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.