No 6210
Wednesday 19 January 2011
Vol cxli No 14
pp. 366–424
22 January, Saturday. Congregation of the Regent House at 2 p.m (see p. 422).
24 January, Monday. End of first quarter of Lent Term.
25 January, Tuesday. Discussion at 2 p.m. in the Senate-House (see below).
6 February, Sunday. Preacher before the University at 11.15 a.m., Dr C. Hammond, of Gonville and Caius College.
8 February, Tuesday. Discussion at 2 p.m. in the Senate-House.
13 February, Sunday. Lent term divides.
Discussions at 2 p.m.25 January 8 February 22 February 8 March 22 March |
Congregations22 January, Saturday at 2 p.m. 19 February, Saturday at 2 p.m. 26 March, Saturday at 11 a.m. |
The Vice-Chancellor invites those qualified under the regulations for Discussions (Statutes and Ordinances, p. 107) to attend a Discussion in the Senate-House, on Tuesday, 25 January 2011, at 2 p.m., for the discussion of:
1. University Council: Annual Report, 2009–10 (Reporter, 2010–11, pp. 215–18).
2. Annual Report of the General Board to the Council for the academical year 2009–10 (Reporter, 2010–11, pp. 219–22).
3. Reports and Financial Statements for the year ended 31 July 2010 (Reporter, 2010–11, pp. 223–58).
4. Report of the General Board, dated 1 December 2010, on the establishment of a Department of Theoretical and Applied Linguistics (Reporter, 2010–11, p. 357).
5. Report of the General Board, dated 1 December 2010, on the establishment of an MRC Research Professorship of Cognitive Psychology (Reporter, 2010–11, p. 359).
6. Report of the General Board, dated 1 December 2010, on the establishment of a Professorship of Finance (Reporter, 2010–11, p. 360).
7. Report of the Council, dated 20 December 2010, on external financing for the development of its land holdings in North West Cambridge and other building projects (Reporter, 2010–11, pp. 403–05).
The Report published in this issue (pp. 420–21) will be discussed on Tuesday, 8 February.
The Vice-Chancellor gives notice that he has received with gratitude a benefaction from Man Group plc of up to £202,500, payable in five instalments. The benefaction, of which the capital and income is to be used, will support undergraduates pursuing courses in Computer Science, Economics, Engineering, Mathematics, or Natural Sciences. It will be administered on the University’s behalf by the Trustees of the Isaac Newton Trust under the Cambridge Bursary Scheme.
It is regretted that through an administrative oversight, a Grace was not submitted for the appointment of a new University Advocate when the current term of Dr Philippa Rogerson as University Advocate came to an end on 30 September 2010. Under the regulations for the University Advocate (Statutes and Ordinances, p. 681) Dr Rogerson is ineligible for reappointment as she was first appointed to office from 1 October 2004 and has served for a total of six years (although she was on leave during the academical year 2006–07 and Professor Christopher Forsyth, Deputy University Advocate, stood in as Acting University Advocate during this period). In the circumstances, the Council proposes that, notwithstanding the regulations, Dr Rogerson be reappointed as University Advocate until the end of this academical year. Dr Rogerson has agreed to this proposal and the Council is accordingly submitting a Grace (Grace 1, p. 421) to the Regent House for approval of the appointment.
The following Annual Reports have been received by the Council and the General Board during the Michaelmas Term 2010 and are available on the websites indicated:
Annual Report of the Information Strategy and Services Syndicate for the year 2010
http://www.admin.cam.ac.uk/committee/isss/annualreports/201012.pdf
Annual Report of the Kettle’s Yard Committee for the year 2009–10
http://www.kettlesyard.cam.ac.uk/information/annual_reports/annual_report_09-10.pdf
Annual Report of the Library Syndicate for the year 2009–10
http://www.lib.cam.ac.uk/About/annual_report_2009-10.pdf
Annual Report of the Local Examinations Syndicate for the year 2009–10
Annual Report of the Press Syndicate for the year 2009–10
http://www.cambridge.org/about/annualreport/downloads/annual_report_2010.pdf
Annual Report of the Centre for Research in the Arts, Social Sciences, and Humanities for the year 2009–10
http://www.crassh.cam.ac.uk/uploads/documents/annual_reports/crasshar2009-10.pdf
The Registrary, acting as Clerk of the Court of Discipline, publishes this statement on the operation, procedures, and practice of the Court of Discipline to provide information and guidance to students and Colleges.
1. Any complaint by the Proctors, or by any other member or employee of the University, that a junior member of the University has committed an offence against the disciplinary regulations of the University is considered by the University Advocate, who decides whether a charge shall be brought. (Complaints about breaches of College disciplinary regulations are solely a matter for the College concerned.)
2. If the complaint is of a minor offence, the case may be dealt with by the Summary Court, which consists of a Chairman, one senior member of the University, and one junior member. The Summary Court has power to impose fines not exceeding £175 and to order payment of compensation not exceeding £250.
3. If the University Advocate considers that the alleged offence is a serious one, the charge will be dealt with by the Court of Discipline. The Chairman of this Court is legally qualified or experienced judicially and may be a non-resident member of the University. The other members of the Court are two senior members and two junior members, but, if the person charged so requests, the Court includes four senior members and no junior members. The Court normally sits in camera. The Court has power to impose sentences of deprivation or suspension of membership of the University, deprivation or suspension of degree, rustication, and any other sentence which it considers lighter, including requesting the Vice-Chancellor to issue a revised class-list awarding a different class of degree than that initially awarded by the Examiners, and may order payment of compensation.
4. There is provision for appeals from decisions of the Court of Discipline to another court, the Septemviri, which consists of seven senior members of the University. The Septemviri may quash the finding or vary the sentence within the limits of the powers of the Court of Discipline. The Court of Discipline itself acts as a court of appeal against decisions of the Summary Court, and the Summary Court can hear appeals against library fines, fines for offences against the regulations for motor vehicles, etc. The decision of each court, when it is acting as a court of appeal, is final.
5. A person appearing before a University court is allowed assistance and representation if they so wish, and may call witnesses.
6. The Faculty of Law operates a voluntary scheme whereby members of the Faculty offer free legal advice and representation. Students who wish to take advantage of this arrangement should consult the Secretary of the Faculty Board of Law, who maintains a list of officers willing to act in this way. Alternatively, students may wish to employ professional assistance, or Counsel, at their own expense.
7. The provisions for the University courts can be found in Statutes and Ordinances:
• Statute B, Chapter 6: Discipline and the University Courts (http://www.admin.cam.ac.uk/univ/so/2009/statute_b-section6.html)
• Ordinances, Chapter II: Matriculation, Residence, Admission to Degrees, Discipline (Regulations and rules of procedure) (http://www.admin.cam.ac.uk/univ/so/2009/chapter02-section18.html and http://www.admin.cam.ac.uk/univ/so/2009/chapter02-section20.html)
8. Any complaint by the Proctors, or by any other member or employee of the University, that a junior member of the University has committed an offence against the disciplinary regulations is considered by the University Advocate. The Advocate is the independent prosecutor in relation to University discipline and connected functions. The Advocate is appointed by Grace on the nomination of the Council; there is provision for the appointment of one or more Deputy Advocates. Under the provisions of Statute B, VI, 28, the University Advocate, or a Deputy Advocate, determines whether charges should be brought against a student, and before which court of the University.
9. The Proctors are the University’s statutory officers with general responsibility for the maintenance of good order and discipline in the University; they have particular responsibility for upholding the general regulations for discipline laid down in University Ordinances (Chapter II: Matriculation, Residence, Admission to Degrees, Discipline).
10. Most, but by no means all, of the cases brought before the Court of Discipline concern offences contrary to Regulation 6, which reads:
No candidate shall make use of unfair means in any University examination. Unfair means shall include plagiarism* and, unless such possession is specifically authorized, the possession of any book, paper or other material relevant to the examination. No member of the University shall assist a candidate to make use of such unfair means.
*Plagiarism is defined as submitting as one’s own work that which derives in part or in its entirety from the work of others without due acknowledgement.
11. The Proctors have particular responsibilities in the supervision of examinations, and for investigating cases of alleged misconduct. They may conduct investigatory meetings – involving the student, their Tutor, and possibly Examiners – in order to find whether or not the matter should be referred to the Advocate. In cases of alleged misconduct in an examination, it is conventionally the Senior Proctor who makes the formal complaint.
12. Regulation 6 refers to the use of unfair means in an examination, and to plagiarism as an example of unfair means. Attention is drawn to the Statement on Plagiarism issued by the General Board and to the related ‘Rules for the Guidance of Candidates and for the Prevention of Misconduct in Examinations’ issued by the Board of Examinations (Ordinances, Chapter I: the Chancellor and the Government of the University).
13. Detailed information and guidance on these matters can be found on the Board of Examinations website (http://www.admin.cam.ac.uk/offices/exams), in particular:
• Information for Students (http://www.admin.cam.ac.uk/offices/exams/students/)
• Information on Plagiarism (http://www.admin.cam.ac.uk/offices/exams/plagiarism).
14. The Advocate may conduct an investigative meeting, which may involve the student, their Tutor or other College officer, and a Proctor. The purpose of an investigative meeting undertaken by the Advocate is to establish facts and information, to ensure that no misunderstandings or misapprehensions have arisen, and otherwise to determine whether there are grounds or reasons for proceeding against the student in one of the courts.
15. The student is not required to make any statements at such an investigative meeting, but co-operation with the investigation is welcomed; the student is not required to admit guilt to any of the offences put by the Advocate. Legal representation is not required. A Court may subsequently take into account in sentencing whether or not there was co-operation with the investigation and whether admissions to charges subsequently proved were made.
16. Given that legal representation is not required for such meetings, it is strongly recommended that the student’s Tutor, or other College officer as deputy, be present to provide support, guidance, and advice. Notes may be made in such investigative meetings, which may be agreed by the parties concerned, or a note of dissent may be recorded. Any notes of such meetings may be produced, by either party, as evidence in a subsequent hearing of the Court.
17. If the Advocate decides that – in order to uphold discipline in the University, to protect the University’s reputation, or to preserve the integrity of the examination system – a student is to be charged, written notice is given to the Registrary. Under Statute, the Registrary or, ordinarily, a deputy appointed by the Registrary (i.e. an Assistant Registrary in the University Offices) acts as the Clerk of the Court. The Clerk is responsible for progressing the case before the Court, in accordance with the regulations and rules of procedure set down in Ordinances.
18. The Clerk of the Court will issue a summons to the student charged, with copies sent to certain members of the student’s College (the Head of College, the Senior Tutor). The written notice will:
(i)set out the charges, that is the complaint, against the student, as indicated by the Advocate;
(ii)indicate when the Court is likely to convene to hear the case;
(iii)state the Chairman of the Court designated for the case.
19. The Clerk of the Court will also draw attention to the provisions in the regulations whereby the person charged is entitled to (a) choose the general composition of the Court (which can be four members of the Regent House, or two such members and two junior members), (b) object, for good cause, to the proposed appointment of a member of the Court, and (c) request that the Court will sit in camera. Members of the Court will be selected at random from the relevant panels and will not have any material connection with the person charged, whether through their College, their Department, or their course of study.
20. In most cases, the Chairman of the Court of Discipline (acting under powers in Statute B, VI, 15 to make rules of procedure) will hold a preliminary (pre-trial) hearing or similar meeting.
21. Preliminary hearings are necessary to ensure the efficient dispatch of the work of the Court, to reduce and minimize delay, and to afford defence and prosecution representatives the time to prepare their cases, according to an agreed case management framework. Specifically, the main purposes of the hearing are:
• to take – at the earliest practicable stage – the defendant’s plea (if the defendant is willing or able to declare it), or if no plea can be taken ascertain whether the defendant is likely to plead guilty or not guilty;
• to identify, as early as possible, and agree on the real issue(s) in the case, ahead of trial (especially where a not guilty plea is entered or indicated);
• identification of the evidence that is to be adduced, and to establish the timetable and arrangements for its disclosure;
• to establish what witnesses, if any, are to be called;
• to establish what must be done, by whom, and when;
• to find a date for the formal Court hearing, with minimal delay;
• to consider any objections to potential membership of the Court;
• to deal with any issues concerning the presence or absence of the defendant at the formal Court hearing.
22. A preliminary hearing will be scheduled to take place as soon as possible after charges have been served by the Advocate and after the Clerk has issued a summons to the student charged. It is important that a student charged has in place the services of a representative, or support of their College Tutor.
23. Notes on the Preliminary Hearing
– The preliminary hearing will be conducted orally and in camera.
– The person charged may be present, together with their Tutor, their Head of House, their representative, or any deputy of any of these persons.
– There is no compulsion for a defendant to attend, but it may be noted in the preliminary hearing that the non-attendance (without good reason being offered) by a defendant is relevant and will be reported at the initiation of proceedings in the Court of Discipline.
– Attendance by advocates – the University Advocate, or Deputy Advocate; any representative of the defendant (appointed representative from the Faculty of Law, or a Tutor) – is highly desirable.
– It is open to the defendant to decide for herself or himself whether to defend or admit the charges or to state the grounds for contesting the charges being brought. Defendants may be advised that credit is given for guilty pleas, and the earlier the plea is entered, the greater the credit which may be given.
– It is important to note that a case cannot be concluded (including sentence) at the preliminary hearing, even if there is to be a guilty plea. Plea bargaining does not take place at the hearing.
– The directions of the Chairman at a preliminary hearing should be regarded as binding.
24. The Court may sit either in public or in camera at the discretion of the Chairman except that, when the defendant requests that it shall sit in camera, the Chairman will normally so decide.
25. If the Court sits in camera, the following are entitled to be present: the defendant, the defendant’s Tutor (or a deputy appointed by the Tutor), the Head of the defendant’s College (or a deputy appointed by the Head), the University Advocate, the complainant, and any person appointed to represent the defendant, the complainant, or the University Advocate. Whether the Court sits in public or in camera, the rules of procedure specifically provide for the Court to proceed in the absence of any of the persons entitled to be present.
26. A defendant is expected to appear in person before the Court of Discipline. If attendance has not been excused in advance at the preliminary hearing, or no good reason for non-attendance is offered, the Court will be at liberty to take that into account. It is recognized, however, that if, for example, the Court meets outside Term, it may prove difficult for defendants to present themselves. In cases of non-attendance the Court of Discipline may adjourn the hearing or proceed in the defendant’s absence.
27. In exceptional circumstances, non-attendance for no good reason may be regarded as contempt of the Court. The contempt may be punishable by a fine, if the non-attendance is deemed intentionally to disrupt or impede the processes of the Court. It should be noted that the imposition of a fine for such reasons might in itself become subject to an appeal to the Septemviri, or indeed may be subject to review by the Office of the Independent Adjudicator for Higher Education (OIA).
28. A student whose case is being heard or adjudicated upon by the Court of Discipline
(i)will be given a reasonable opportunity of being heard by the Court; and
(ii)has the right to call witnesses and to question witnesses upon whose evidence the case against her or him is based.
29. The procedure of the Court of Discipline follows normal adversarial principles. These allow for the presentation of a prosecution case (by the Advocate) and a defence case, with presentation and scrutiny of evidence, and the examination and cross-examination of witnesses, including examination by the Court itself. Where a guilty plea is entered, the Chairman may vary the procedure and direct that the parties make brief expository statements and concentrate on representations they wish to make in mitigation and as to sentence.
30. The burden of proof set under the procedures for the Court is a criminal standard – viz. the Court shall not find a charge proved unless it is satisfied that a charge has been ‘proved beyond reasonable doubt’.
31. The Court may retire (i.e. the members remain in Court; others withdraw) at any point in the hearing to consider the case. Ultimately, the Court will reconvene and a decision will be announced as to whether the case has been proved, and as to penalties or sentence imposed. Any sentence imposed has immediate effect – save that the Chairman of the Court of Discipline and the Chairman of the Septemviri each has the power to suspend a sentence until the conclusion of the proceedings by the Septemviri of any appeal against a decision of the Court of Discipline.
32. The range of sentences available to the Court of Discipline is set out in Statutes and Ordinances, and includes: expulsion, or rustication; deprivation (or suspension) of degrees or membership of the University; deprivation (or suspension) of the right to use University premises or facilities; a fine, or an order to pay compensation; a lesser penalty; exceptionally, no sentence.
33. Where the student has been charged with misconduct in an examination, and such a case has been proved, the Court may determine that a sentence be imposed in relation to the examination concerned, either in whole or in part. The effect of such a penalty may have an effect on the overall classification received by a student, for the whole examination concerned.
34. There is no formal schedule of tariffs for offences considered by the Court of Discipline. Evidence in mitigation is usually presented in cases before the Court, even when there is a plea of not guilty, and this inevitably affects consideration of sentence. It is considered very important that the Court should not feel shackled unnecessarily by the concept of tariffs for particular offences, and should have maximum flexibility in considering all the relevant circumstances in the particular case. A register of cases and details of precedents is available to members of the Court and, usually, to the Advocate and defence. These are ordinarily circulated a week or so before any sitting of the Court, as part of a Clerk’s bundle. Information about sentences imposed by the Court is contained in the announcements of the Court published in the Reporter.
35. The defendant will be advised of their rights to appeal from the decision of the Court. This will be made clear at the conclusion of the Court hearing, and it may be that the Chairman will seek an indication from the defendant whether or not they wish to appeal. There is no obligation to indicate at the hearing whether an appeal is to be launched, but delay in knowing whether this is to be the case may affect the way which the Court’s decision is enacted and in particular how any changes involving an amended class-list are to be effected.
36. The defendant will receive a reasoned decision concerning their case soon after the hearing of the Court.
37. The Court will issue a Notice to be published in the Reporter and elsewhere giving summary details of the case. By custom, such notices will not identify the defendant by name, College, or course of study.
38. The procedures of the Court provide for a person whose case is adjudicated upon by the Court of Discipline to be given a reasoned decision in writing; it is the current practice of the Court for that written decision to be prefaced by a reasonably full note of the proceedings. Audio recordings of the proceedings of the Court are often, but not invariably, made; transcripts are only ordered if, for instance, it is necessary in connection with an appeal to the Septemviri.
39. It is important to note that relevant parties, such as Student Administration and Records, will be properly informed about the Court’s decision in a particular case, and that appropriate endorsements may be made to the student’s record which make clear the nature of the student’s appearance before the Court and its sentence, or makes appropriate references to material that may be consulted.
40. The normal practice of the Court has been to preserve defendants’ anonymity in relation to the Court’s Notices (in the Reporter) and any other announcements of its decisions. However, it is not obliged to do this and it may order the name of the defendant to be published if it considers that the justice of the case requires this. The University Council has taken the view that it is for the Court itself to decide, on a case-by-case basis, whether to vary the custom of anonymity in its decisions.
41. In certain circumstances, however, it is necessary to publish in some form the name of a defendant where the sentence relates to the deprivation of a degree and/or deprivation of membership of the University. In such cases, and because the naming of the student concerned may be regarded as having some of the character of a penalty, the Court will, at the time the penalty is imposed, inform the student of its determination that they will be named so that any observations may be made by the student or their representative. Potentially the matter might be the subject of an appeal (that is, for the Court of Discipline, to the Septemviri), or the action of the Court might also be subject to review by the Office of the Independent Adjudicator for Higher Education (OIA).
42. Indirectly, the names of the defendants are implicitly published through the usual arrangements for the amendment of the class-list by the Vice-Chancellor in accordance with the sentence of the Court.
It is regretted that the University Combination Room will be closed until further notice.