Statutes and Ordinances of the University of Cambridge
CHAPTER II
pp. 190–206
MATRICULATION, RESIDENCE, ADMISSION TO DEGREES, DISCIPLINE, CONDUCT, COMPLAINTS

In this section

DISCIPLINE

General

Amended by Grace 1 of 30 May 2019

In accordance with the University’s duty to maintain good order and discipline within the University, the following regulations shall apply only to members of the University within the jurisdiction of the University Tribunal under Statute D II 2:6

1. No member of the University shall intentionally or recklessly disrupt or impede or attempt to disrupt or impede the activities and functions of the University, or any part thereof, or of any College.

2. No member of the University shall intentionally or recklessly impede freedom of speech or lawful assembly within the Precincts of the University. No member of the University shall intentionally or recklessly fail to give any notice which is required to be given to a University officer or a University authority under the terms of a code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986.

3. No member of the University shall intentionally occupy or use any property of the University or of any College except as may be expressly or by implication authorized by the University or College authorities concerned.

4. No member of the University shall intentionally or recklessly damage or deface or knowingly misappropriate any property of the University or of any College.

5. No member of the University shall intentionally or recklessly endanger the safety, health, or property of any member, officer, or employee of the University within the Precincts of the University.

6. (a) No member of the University shall engage in the harassment of:

  1. (i)a member, officer, or employee of the University or a College; or
  1. (ii)any other person where the harassment takes place either within the Precincts of the University or in the course of a University or College activity.
  1. (b)Harassment shall include single or repeated incidents involving unwanted and unwarranted conduct towards another person which is reasonably likely to have the effect of (i) violating that other’s dignity or (ii) creating an intimidating, hostile, degrading, humiliating, or offensive environment for that other.

7. No member of the University shall assist a candidate in any form of academic misconduct against the Rules of Behaviour for Registered Students and Formerly Registered Students.1

8. No member of the University shall forge or falsify or knowingly make improper use of any degree certificate or other document attesting to academic achievement, or knowingly make false statements concerning standing or concerning results in examinations.

9. All members of the University shall comply with any instruction given by a University officer, or by any other person authorized to act on behalf of the University, in the proper discharge of his or her duties.

10. All members of the University shall state their names and the Colleges to which they belong when asked by a Proctor or Pro-Proctor, or by any other person in authority in the University or in any of the Colleges in the University.

Rules of Behaviour for Registered Students and Formerly Registered Students

Grace 1 of 30 May 2019

All registered and formerly registered students are responsible for following the Rules of Behaviour. Not knowing or forgetting about the rules or their consequences is not a justification for not following them.

1. A registered student must:

  1. (a)comply with instructions issued by any person or body authorised to act on behalf of the University, in the proper discharge of their duties;
  1. (b)comply with all health and safety regulations and instructions issued by the University, a College or other associated institution;
  1. (c)inform the University of any relevant unspent criminal conviction;
  1. (d)comply with the terms of the code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986 regarding meetings and public gatherings on University Premises;
  1. (e)comply with the Statutes and Ordinances and any rules and procedures established under the Statutes and Ordinances.

2. A registered student must not:

  1. (a)interfere or attempt to interfere in the activities of the University, a College, or any member of the collegiate University community in the pursuit of their studies or in the performance of their duties;
  1. (b)damage, misappropriate or occupy without appropriate permission any University or College property or premises, or any property or premises accessed as a result of a College or University activity;
  1. (c)interfere in the freedom of speech or lawful assembly of a member of the collegiate University community or visitor to the University;
  1. (d)engage or attempt to engage in physical misconduct, sexual misconduct or abusive behaviour: towards a member of the collegiate University community; or towards anyone within the precincts of the University10 or during the course of a University or College activity;
  1. (e)damage or misappropriate property belonging to a member of the collegiate University community; or belonging to anyone within the precincts of the University or during the course of a University or College activity;
  1. (f)endanger the health and safety of anyone within the precincts of the University or in the course of a University or College activity;
  1. (g)engage in any form of academic misconduct;
  1. (h)forge, falsify or improperly use information to gain or attempt to gain an academic or personal advantage.

3. A formerly registered student must not forge, falsify or improperly use examination results, academic achievements, data, documents, or awards from the University.

4. The following definitions are applied under the Rules of Behaviour:

  1. (a)A ‘formerly registered student’ is a person who has previously had the status of a registered student.11 Where a formerly registered student is also an employee of the University and the alleged misconduct concerns conduct in that capacity as employee, the matter shall not be dealt with under the student disciplinary procedure and shall be referred for consideration under the relevant staff disciplinary procedure.
  1. (b)‘Activities of a University or a College’ include activities in which a student is participating that involve other organisations working in partnership with the University or a College. A non-exhaustive list of examples of such organisations are other higher education institutions, research institutes, research funders, collaborators, and work placement settings.
  1. (c)‘Physical misconduct’ is any unwanted and unreasonable contact. Physical misconduct includes pinching, punching, kicking, slapping, pulling hair, biting, pushing, shoving, using weapons and using items as weapons.
  1. (d)‘Sexual misconduct’ is any unwanted and unpermitted sexual activity. Sexual activity includes sexual acts, kissing, sharing private sexual materials of another, touching through clothes, showing sexual organs and remarks of a sexual nature. Sexual misconduct can take place in physical or virtual environments.
  1. (e)‘Abusive behaviour’ is any unwanted behaviour which is reasonably likely to cause harm; or have the effect of violating another’s dignity; or create an intimidating, hostile, degrading, humiliating or offensive environment for that other. It includes threats, abusive comments, the use of or supply of illicit substances, making malicious accusations, repeatedly contacting someone, and abuse that takes place within an intimate relationship. Abusive behaviour can take place in physical or virtual environments.
  1. (f)The word ‘unwanted’ means ‘unwelcome’ or ‘uninvited’. It is not necessary for a person to object to the behaviour for it to be unwanted.
  1. (g)The word ‘unpermitted’ means ‘not permitted’ or ‘unauthorised’. A number of behaviours can indicate where permission has been given, for example, verbal comments or physical actions. Permission for an activity can only be given at the time it is taking place and where the person has the choice to give or not give permission. Where there is disagreement as to whether an activity was unpermitted, the applicable test shall be, taking all circumstances into account, whether a reasonable person would consider the activity was unpermitted.
  1. (h)‘Academic misconduct’ is gaining or attempting to gain, or helping others to gain or attempt to gain, an unfair academic advantage in formal University assessment, or any activity likely to undermine the integrity essential to scholarship and research. It includes being in possession of unauthorised materials or electronic devices during an examination, including recording or communication devices or devices that can store data, even where the Registered Student is unaware that such materials or devices are unauthorised, has no intention of using them, or is unaware that they have them in their possession. Academic misconduct also includes:
  1. • Plagiarism: using someone else’s ideas, words, data, or other material produced by them without acknowledgement;
  1. • Self-plagiarism: using the Registered Student’s own ideas, words, data or other material produced by them and submitted for formal assessment at this University or another institution, or for publication elsewhere, without acknowledgement, unless expressly permitted by the assessment;
  1. • Contract cheating: contracting a third party to provide work, which is then used or submitted as part of a formal assessment as though it is the Registered Student’s own work;
  1. • Collusion: working with others and using the ideas or words of this joint work without acknowledgment, as though it is the Registered Student’s own work, or allowing others to use the ideas or words of joint work without acknowledgment;
  1. • Impersonating someone or being impersonated in an examination or arranging for someone to impersonate someone else by sitting their examination;
  1. • Fabrication, falsification or misrepresentation of data, results or other outputs or aspects of research, including documentation and participant consent, or presenting or recording such data, etc, as if they were real; or
  1. • Failure to meet legal, ethical and professional obligations in carrying out research. This includes failure to follow agreed protocol if this failure results in unreasonable risk or harm to humans, other sentient beings or the environment, and facilitating of misconduct in research by collusion in, or concealment of, such actions by others. It includes any plan or conspiracy to attempt to do any of these things.
  1. (i)‘Instructions issued by any person or body authorised to act on behalf of the University’ include requests to attend meetings, to provide identification upon request, and to share primary datasets or data analysis with a supervisor.
  1. (j)A ‘College or University activity’ is an academic, sporting, social or cultural activity either within the Precincts of the University or elsewhere in the context of a person’s membership of the University.
  1. (k)A ‘relevant’ unspent criminal conviction includes a conviction for the following:
  1. • Any kind of violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in at least actual bodily harm.
  1. • Sexual offences, including those listed in the Sexual Offences Act 2003.
  1. • The unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking (drug offences only involving possession are not relevant offences).
  1. • Offences involving firearms.
  1. • Offences involving arson.
  1. • Offences involving terrorism.
  1. If a student was convicted outside the United Kingdom for the type of offence listed above, this is also considered a relevant conviction.
  1.  For the purposes of this definition, out of court disposals are considered to be convictions. Penalty notices for disorder (PNDs), anti-social behaviour orders (ASBOs) or other orders are not considered to be convictions, unless contesting a PND or breaching the terms of an ASBO or other order has resulted in a criminal conviction. Whether or not an offence is considered ‘spent’ is defined by the Rehabilitation of Offenders Act 1974 and subsequent revisions to the Act.
  1. (l)‘The code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986’ relates to meetings and public gatherings on University premises. The Code of Practice is available at: https://www.cambridgestudents.cam.ac.uk/new-students/rules-and-legal-compliance/freedom-speech.
  1. (m)‘Rules and procedures established under the Statutes and Ordinances’ include: procedures that govern student conduct; regulations governing information services, motor vehicles, bicycles and boats; and the payment of fees and fines.
  1. (n)‘Registered student’, ‘respondent’, ‘reporting person’, ‘witness’, and ‘collegiate University community’ have the same meanings as they are given in the Student Disciplinary Procedure.

5. Any breach of the Rules of Behaviour may be considered more serious if:

  1. (a)it took place under the influence of alcohol or illicit substances;
  1. (b)it was motivated by the protected characteristics12 or perceived protected characteristics of another;
  1. (c)the respondent has previously been found to have breached the same Rule of Behaviour;
  1. (d)the respondent has not complied with any sanction or measure under the Student Disciplinary Procedure;
  1. (e)the respondent has breached precautionary action measures whilst the Student Disciplinary Procedure has been ongoing;
  1. (f)the respondent has not provided the University with reasonable information upon request so that it can assess the risk the respondent may pose to the collegiate University community;
  1. (g)the respondent has attempted to conceal or destroy evidence, or coerce or intimidate officers, reporting persons or witnesses, in relation to that breach;
  1. (h)the respondent has abused a position of power or trust.

Student Disciplinary Procedure

Graces 1 and 2 of 30 May 2019

1. Glossary of key terms

1.1 In this procedure, the following terms shall have the meanings set out below:

Appeal Committee

A panel of three trained persons, two assigned by lot from a panel appointed by the General Board, and one Proctor, Deputy Proctor or Pro-Proctor, which determines whether an appeal against a decision of the Discipline Committee is upheld or dismissed, with the authority to amend, quash or impose sanctions or measures

Collegiate University Community

All Registered or Formerly Registered Students, other matriculated persons, all members of the Regent House, and all University and College employees, workers, staff or secondees, visiting scholars and visiting students

Completion of Procedures letter

A letter that confirms the completion of the University’s internal procedures, following which a student may be able to raise a complaint with the Office of the Independent Adjudicator

Concern

The description of the behaviour causing concern, reported by the Reporting Person and submitted using a Concern Form

Discipline Committee

A panel of three trained persons, assigned by lot from panels appointed by the General Board, which determines whether the Rules of Behaviour have been breached or whether a Registered Student’s criminal conviction requires the University to take further action and, if so, has the authority to impose sanctions or measures

Formerly Registered Student

A person who has previously had the status of a Registered Student.13 Where a Formerly Registered Student is also an employee of the University and the alleged misconduct concerns conduct in that capacity as employee, the matter shall not be dealt with under the student disciplinary procedure and shall be referred for consideration under the relevant staff disciplinary procedure

Impact Statement

A written statement from a Reporting Person or Witness that describes the personal impact of an alleged breach of the Rules of Behaviour

Investigating Officer

A person who meets the criteria outlined from time to time by the General Board with responsibility for conducting an investigation into a potential breach of the Rules of Behaviour and presenting the investigation findings to a Discipline Committee

Investigation Report

The report created by the Investigating Officer following an investigation

OSCCA

The Office of Student Conduct, Complaints and Appeals

Registered Student

Any person who has accepted an offer to study or is currently pursuing a course of study at the University; or a person who had such student status at the time of the circumstances about which the Concern is being raised. Visiting Students are covered by the terms and conditions of their contract

Reporting Person

A person who is reporting a Concern about a Registered Student or Formerly Registered Student

Respondent

A Registered or Formerly Registered Student whose conduct is the subject of a Concern

Rules of Behaviour

The rules established by the General Board concerning the conduct of Registered Students and Formerly Registered Students

Student Discipline Officer

A trained member of Regent House who meets the criteria outlined from time to time by the General Board, appointed by Grace, with responsibility for: commissioning an investigation into a potential breach of the Rules of Behaviour; determining whether a Registered Student’s criminal conviction requires the University to take further action; or deciding the University course of action following an investigation, with the authority to impose a minor sanction or measure

Witness

A person who has witnessed the Respondent’s behaviour or has witnessed a matter connected to the Respondent’s behaviour as alleged in the Concern. The Witness may be someone to whom the behaviour was directed, or a third party

2. Scope and principles

2.1 This procedure enables the University to consider whether a Registered Student or Formerly Registered Student has breached the Rules of Behaviour and, if it is found that the Rules have been breached, to impose proportionate sanctions or measures. The procedure enables the University to respond appropriately to breaches of the Rules of Behaviour, to protect the University and the Collegiate University Community. It does not exist to resolve personal disputes.

2.2 The University can investigate and take action even where a Registered Student has since graduated or stopped pursuing a course of study. However, it will be necessary for the University to consider whether a matter can practicably be investigated and whether it is appropriate to do so, noting the limitations on the potential sanctions or measures available.

2.3 This procedure is an internal process and does not have the same degree of formality as proceedings in a court of law. It is not normally necessary or appropriate for a Respondent or the University to be legally represented at any meetings that form part of the procedure apart from in exceptional circumstances. However, Respondents may access and use legal representatives, at their own cost, in relation to this procedure.

2.4 The procedure itself can be stressful for those involved. The Investigating Officer and decision-makers will take into account the potential effects upon those engaging with the procedure and, where possible, minimise these effects. All Reporting Persons, Respondents and Witnesses will receive information about how to access support during this process. The appropriate support will depend on the circumstances of the case, but may be delivered by a College, the University, the Students’ Unions’ Advice Service or external support organisations.

2.5 Reasonable adjustments shall be made to the procedure to allow fair access for students with a disability. Respondents, Reporting Persons and Witnesses are requested to make any reasonable adjustments known to the Investigating Officer so that these can be put in place. The Investigating Officer may seek expert opinion regarding reasonable adjustments to ensure appropriate implementation. The Investigating Officer shall keep a record of any such adjustments.

2.6 In order to ensure that a Respondent’s views are accurately represented during the process it is preferable for the University to correspond directly with the Respondent. However, it is accepted that sometimes this will not be in the best interests of the Respondent, for example, where a Respondent is reluctant to make or receive decisions about a Concern without support, as a result of an underlying medical condition or disability. Where a Respondent would prefer correspondence to be directed through an authorised representative, permission needs to be provided by the Respondent in writing or via the Respondent’s University email account. Where this is appropriate, the Respondent will be given reasonable time to arrange this support.

2.7 It will not normally be possible for the Reporting Person to submit a Concern anonymously, apart from in exceptional circumstances where there is a compelling case as decided by the Student Discipline Officer, supported by evidence, for the matter to be investigated. Where an anonymous Concern is accepted, the Concern will normally be accompanied by independent evidence enabling an investigation to take place without the involvement of the anonymous Reporting Person.

2.8 Concerns are ideally submitted in a timely manner, so that matters can be dealt with effectively. However, it is accepted that this is not always possible, for example where evidence of academic misconduct only becomes apparent after a significant period of time, or where a matter has significantly impacted an individual and the effects of this impact has led to a delay in reporting. There is no arbitrary deadline for the submission of a Concern, or a time limit based on whether someone who was a Registered Student at the time of the alleged breach of the rules remains a Registered Student when the Concern is submitted. The timeframe may however have an impact on the investigation, decisions, and potential sanctions or measures.

2.9 The University must investigate and consider Concerns in a timely manner, providing reasonable deadlines at each stage of the process for decision-makers to provide decisions and for Respondents, Reporting Persons and Witnesses to provide information. The University normally aims to complete the initial investigation and Discipline Committee decision within 60 days of informing the Respondent of the Concern. However, delays may occur where the case is complex, the Reporting Person, Respondent or Witnesses are not available to attend meetings, or where the procedure has been suspended for good reason. Respondents and Reporting Persons will be provided with updates where there is a delay.

2.10 Witnesses are expected to engage fully with the procedure, as far as is reasonable in the circumstances.

2.11 Where reasonable, physical meetings can be replaced by virtual meetings, where a Respondent, Reporting Person or Witness may attend a meeting by video or telephone call at the discretion of the Investigating Officer or Chair of the Committee.

2.12 All decision-makers and investigators will receive appropriate training to undertake their role and be appropriately resourced and supported. No decision-maker or investigator will have any previous involvement with the matter that they are considering, or personal knowledge of the people involved. To avoid the reasonable perception of bias, decision-makers and investigators will not be a member of the same College or Department as the Respondent or the Reporting Person.

2.13 Any reference in this procedure to a University officer or other named role includes a deputy appointed by that officer or role-holder to exercise the functions assigned to that officer under this procedure.

2.14 Some breaches of the Rules of Behaviour could also constitute criminal offences. The University will not normally investigate a matter where criminal proceedings are ongoing (including criminal investigations and appeal processes), pausing any action under this procedure until criminal proceedings are complete. Where criminal proceedings are instituted after action under this procedure has begun, the University will normally pause such action until the criminal proceedings are complete. Following an investigation undertaken by the police and any subsequent criminal proceedings, where it appears unlikely that criminal proceedings will take place, or where the behaviour being investigated by the University is different to the behaviour being considered through criminal proceedings, the University may take its own action under this or another procedure.

2.15 The University will treat relevant police fines, cautions, reprimands, final warnings14 or criminal convictions received by the Respondent as evidence that the behaviour, on which the offence was based, took place. A ‘not guilty’ or ‘no further action’ outcome from the police or criminal proceedings will not prevent the University from undertaking its own investigation as to whether a breach of the Rules of Behaviour has occurred.

2.16 Sometimes a Concern will be more appropriately investigated under another procedure, for example, the Procedure to Determine Fitness to Study, if the behaviour has been wholly caused by an underlying medical condition, or the Procedures to Determine Fitness to Practise for students undertaking professional courses, where the requirements for student behaviour are stricter. It will be at the discretion of the Student Discipline Officer, in consultation with relevant University Officers, to decide which procedure is most appropriate to investigate student behaviour. The University reserves the right to refer a matter to another procedure at any time during this procedure. Sometimes a Concern will be appropriately investigated under this procedure but nonetheless, following the outcome, it will be necessary to refer the matter to another procedure, for example to refer a matter to the Procedures to Determine Fitness to Practise, to consider the Respondent’s ability to continue on a professional course of study where a breach of the Rules of Behaviour has been found. If a breach of the Rules of Behaviour has been found, this will be treated as evidence that the breach of the Rules of Behaviour has occurred but there may be other elements of a Respondent’s ability to study that cannot be considered under this procedure.

2.17 Some breaches of the Rules of Behaviour will also be in breach of a College’s Statutes and Ordinances and may result in the Respondent’s College taking disciplinary action. The University shall take into consideration any action taken by the College to ensure that the Respondent is not punished twice for the same breach. However, even where the College chooses to take no action, it may still be appropriate for the University to take its own action, following consultation with the College.

2.18 Where a Concern involves more than one Respondent, it will be at the discretion of the Investigating Officer to decide whether the Concern should be separated into separate investigations for some or all of the Respondents. Where an investigation includes more than one Respondent and the Student Discipline Officer has chosen to refer the matter to the Discipline Committee, the Chair of the Discipline Committee shall have the discretion to decide whether there shall be a single hearing for all of the Respondents, or a separate hearing for each Respondent. Where a hearing involving multiple respondents takes place, the personal mitigation of each Respondent, unless it refers to the other Respondent(s), shall not be shared with the other Respondent(s). Where multiple Respondents appeal the decision of the Discipline Committee decision appeals shall usually be considered separately but by the same Appeal Committee.

2.19 Special Ordinance D (v) concerning Precautionary Action permits the Academic Secretary to put precautionary measures in place where an investigation is ongoing and when it is necessary to do so in the circumstances. It is the responsibility of OSCCA, where appropriate, to ensure updates relating to this procedure are provided to the Academic Secretary and College to ensure that the ongoing risk can be monitored.

2.20 While the procedure is ongoing, a Respondent must not contact or attempt to contact the Reporting Person or any other Respondent or Witness to the alleged misconduct either directly or via another person. Except where precautionary action precludes it, Respondents may continue to pursue and complete their studies, including graduating, unless informed otherwise by the Student Discipline Officer.

2.21 The University owes a duty of care to all members of the Collegiate University Community, including Reporting Persons, Witnesses and Respondents, to safeguard the interests and safety of the Collegiate University Community.

2.22 Respondents, Witnesses, Reporting Persons and their supporters and representatives, as well as decision-makers and investigators, are required to communicate and act respectfully and reasonably at all times whilst using the procedure and to treat the processes with respect. Abusive behaviour will not be tolerated. If, following a warning, someone continues to behave in an unacceptable manner, that person may be subject to separate disciplinary action. The person may be required by a decision-maker to stop engaging with this procedure or engage in a limited manner, even if this impacts upon the consideration of the Concern or a subsequent appeal.

2.23 Except as set out in paragraph 3.9, the Reporting Person or Witness cannot challenge a decision not to proceed with a disciplinary case under this procedure, or the decision of the Student Discipline Officer or Discipline Committee. However, if there are concerns about how the matter was handled or the process used in reaching a decision then a Reporting Person or Witness who is a student may be able to make a complaint under the Student Complaints Procedure.

2.24 The standard of proof used when making determinations under this procedure is on the balance of probabilities. The burden of proof that a breach of the Rules of Behaviour has occurred rests with the University. This means that it is necessary to prove that it is more likely than not that a breach of the Rules of Behaviour occurred before the decision-maker can impose any sanctions or measures on the Respondent. Decisions must be supported by evidence; it is not enough simply to believe that something is likely to have happened. This requirement means that there may be some cases in which the University decides that it is not appropriate to take or continue action under this procedure.

Information sharing

2.25 OSCCA shall share the information and evidence related to an investigation and outcome with members of staff, the Respondent, the Reporting Person and Witnesses where it is strictly necessary to do so in order to process, investigate, and/or determine the outcome of an alleged breach of the Rules of Behaviour, or to implement any sanctions or measures following a finding. All information received from a Reporting Person, Respondent, Witness or staff member will be handled sensitively and in accordance with the University’s Data Protection Policy.

2.26 The University shall share all evidence considered in reaching a decision (except where the decision-maker determines that there is a compelling reason not to do so), the decision itself, the reasons for the decision and any sanctions or measures, with the Respondent. The evidence considered in reaching a decision may not be shared with the Respondent where the identity of the Reporting Person, or the identity of a Witness, or personal data or special category data belonging to another has been provided, where that person does not wish that data or identity to be shared and there is a compelling case for the matter to be investigated without revealing this information to the Respondent. A compelling case may include where the information is of no relevance to the Concern and therefore it does not need to be relied upon. Any student affected by such a decision can request a review using the Procedure for the Review of Decisions of University Bodies. Where information is unable to be shared with the Respondent, this may affect the decision-maker’s ability to rely on this evidence in reaching a decision. Where evidence is not relied upon by the decision-maker, this will be specified in the reasons for the decision.

2.27 The University shall share the initiation of an investigation, the investigation findings and the reasoned determination of the Student Discipline Officer or Discipline Committee, including any sanctions or measures, with the Respondent’s College Senior Tutor (if the Respondent is a member of a College) and the Respondent’s Head of Department. Where relevant, the University shall also share this information with internal bodies (for example a fitness to practise committee), regulatory bodies (for example, the Disclosure and Barring Service), professional bodies (for example, the General Medical Council), or other organisations with whom the student may be connected, where it is appropriate to do so (for example, where the student holds a position of responsibility for children or vulnerable adults). Where formally requested to do so, or where the University considers that someone may be at significant and immediate risk of harm, the University may disclose information received through this procedure to the police. When initiating an investigation, the Investigating Officer will inform the Respondent in writing that information about the case will be provided to the police if formally requested by the police or if the Student Discipline Officer considers that there is an immediate and significant risk to the Collegiate University Community.

2.28 The University shall share relevant information from the investigation findings, the reasoned determination of the Student Discipline Officer or Discipline Committee, and sanctions or measures with the Reporting Person and Witnesses, where they have been personally affected by the original incident or the disciplinary process. ‘Relevant’ information is that which it is reasonably necessary to share in order to safeguard the interests of the Reporting Person or Witness.

2.29 It is necessary that all parties feel able to engage fully with the procedure without concern for the wider sharing of information disclosed within the investigation process. Following the conclusion of the procedure, those involved may discuss their personal experience of the procedure with others. However, regardless of the outcome, parties should not identify or provide details that might identify any individual involved in the investigation or subsequent decision-making process. Sharing identifying information could result in disciplinary action.

3. Submitting a Concern

3.1 The University will normally be informed of a potential breach of the Rules of Behaviour by a Reporting Person. The Reporting Person may be a person who has been impacted by the reported behaviour, witnessed the reported behaviour or became aware of the reported behaviour through other means.

3.2 For Concerns relating to academic misconduct in examinations, the Reporting Person may be a supervisor, invigilator or other person officially engaged in the examination process, who shall have confiscated any unauthorised material or device before contacting the Investigating Officer without delay. For Concerns relating to other types of academic misconduct, the Reporting Person may be a person engaged in the academic assessment process who has met with the Respondent to ascertain whether there is evidence of poor scholarship to be handled by the Department, or whether there is an allegation of academic misconduct which requires a Concern to be raised. The Reporting Person may also be any person who becomes aware that academic misconduct may have occurred.

3.3 A prospective Reporting Person can contact OSCCA to request a preliminary meeting with the Investigating Officer to understand the procedure.

3.4 To submit a Concern, the Reporting Person must complete and submit the Concern Form, together with any evidence the Reporting Person wishes to provide, to the Investigating Officer.

3.5 The Investigating Officer shall communicate with the Reporting Person to acknowledge the Concern that has been received, to request further information where the Concern Form is incomplete, and to offer the Reporting Person a preliminary meeting if one has not already taken place.

3.6 The Concern Form will be presented by the Investigating Officer to the Student Discipline Officer who will consider whether the following criteria are met:

  1. (a)there is an allegation that, on the face of it, would appear to breach the Rules of Behaviour;
  1. (b)this procedure is the most appropriate procedure to use to investigate the matter; and
  1. (c)the Concern has not already been investigated using this procedure.

3.7 Where all the criteria have been met, the Student Discipline Officer shall commission an investigation into the Concern. Where at least one of the criteria has not been met, the Student Discipline Officer shall not commission an investigation under this procedure, although he or she may refer the matter for investigation under another University procedure in line with paragraph 2.16.

3.8 Where part of the Concern has previously been investigated, it is at the discretion of the Student Discipline Officer whether it is in the University’s interest to investigate the aspect that has not yet been investigated, taking into account why the matter was not previously fully investigated, the length of time that has elapsed since the investigation, the severity of the misconduct, the impact on the Respondent of undergoing a second discipline investigation, and whether there would be repercussions for the Respondent’s fitness to practise were the decision taken not to investigate the matter.

3.9 The Student Discipline Officer shall give written reasons for the decision about whether to commission an investigation and the Investigating Officer shall communicate the decision and the reasons to the Reporting Person in writing, within 7 days of receiving the Student Discipline Officer’s decision. Reporting Persons who are students may be able to seek a review of a decision not to commission an investigation, or about the scope of the proposed investigation, under the Procedure for the Review of Decisions of University Bodies within 14 days of being notified of the decision.

3.10 Subject to the outcome of any review process as set out in paragraph 3.9, where an investigation is not commissioned and where the Concern is not withdrawn by the Reporting Person, the Respondent shall normally be notified in writing of the Concern, the decision of the Student Discipline Officer, the reasons for the decision, and confirmation that no further action will be taken under this procedure. This notification shall normally be provided to the Respondent within 7 days of the Student Discipline Officer’s decision, or where the Reporting Person is a student, within 7 days of the deadline for seeking a review or following the completion of a review. However, where sharing this information with the Respondent may impact upon an investigation being undertaken under a different procedure or by an external body, a delay to informing the Respondent may be necessary.

4. Investigating a Concern

4.1 Where an investigation is commissioned, the Investigating Officer shall write to the Respondent to confirm that a Concern naming the Respondent has been received, the nature of the alleged behaviour, the relevant Rules of Behaviour that have allegedly been breached and the decision of the Student Discipline Officer to proceed with an investigation. The Investigating Officer will provide a brief summary of the Concern, name the Reporting Person (unless, exceptionally, an anonymous Concern has been accepted), and describe the investigation process, the possible outcomes, including referral to other procedures, for example fitness to practise, and who may need to be informed of these outcomes. The Investigating Officer will inform the Respondent and the Reporting Person of the avenues of support available to them and the potential consequences if the Concern relates to alleged misconduct that may constitute a criminal offence.

4.2 The Investigating Officer shall conduct an investigation which may require written statements, meetings and evidence from any member of the Collegiate University Community relevant to the investigation. In addition, the Investigating Officer may request written statements, meetings and evidence from anyone outside of the Collegiate University Community. Written notes shall be taken of all investigative meetings. Any person required to attend an investigative meeting will be able to bring a supporter and/or representative of their choice to the meeting and will be directed to appropriate sources of support. At the meeting they can present written information, evidence and the names of any Witnesses and shall have the opportunity to comment on the Investigating Officer’s written notes of any meeting that they have attended.

4.3 The Investigating Officer shall normally meet with the Reporting Person and with the Respondent to receive an oral account of the circumstances leading to the Concern, to receive relevant evidence relating to the Concern and the names of any Witnesses. The Reporting Person and Respondent should not attempt to investigate the matter themselves (and therefore should not make contact with each other or any Witness), instead providing all potential relevant information to the Investigating Officer. The Investigating Officer may meet with any Witnesses or instead collect information through written statements and other types of evidence. The Investigating Officer shall give anyone impacted by the alleged behaviour being investigated the opportunity to provide an Impact Statement.

4.4 In addition to investigating the Concern itself, the investigation shall include gathering information about and investigating the seriousness of the Concern, any mitigation provided by the Respondent and any relevant previous breaches of the Rules of Behaviour by the Respondent. During the investigation, it may be necessary to request further information and responses from those who have already provided oral or written accounts. Information the Investigating Officer may consider collecting, where relevant and available, includes validating information that has been provided by others, records of correspondence, CCTV evidence, medical evidence from qualified medical practitioners, and records of online activity. This is a non-exhaustive list and the Investigating Officer may request any information the Officer considers will provide value to the investigation. The University does not have the resources to undertake its own forensic investigation and therefore, unless this type of information already exists, the Investigating Officer shall not normally seek it. The University also has no power to compel the Respondent, the Reporting Person or any Witness to provide evidence.

4.5 The Investigating Officer may also require Respondents to engage in expert assessment(s) to assess the level of risk they present to themselves, members of the Collegiate University Community, anyone within the Precincts of the University, and anyone with whom the Respondent comes into contact whilst engaged in study. Where a Respondent does not engage with the process this may make any breach of the Rules of Behaviour more serious, as outlined in Regulation 5 of the Rules of Behaviour. In addition, not engaging with the process is likely to separately breach Regulation 1(a) of the Rules of Behaviour and further disciplinary action may be taken. Where a Respondent does not engage with an expert assessment, commissioned to assess the level of risk associated with the Respondent, the Investigating Officer may assume that there is a high level of risk associated with the Respondent. Any action taken must be proportionate to the circumstances; however, the level of risk may be relevant to any precautionary action taken, or to any sanction or measure imposed by the Student Discipline Officer, Discipline Committee or Appeal Committee.

4.6 The Investigating Officer shall produce an Investigation Report, outlining the findings of the investigation. The Investigating Officer will share a copy of the Investigation Report and all evidence with the Student Discipline Officer.

5. Student Discipline Officer decision

5.1 The Student Discipline Officer shall consider the Investigation Report and evidence from the investigation. At the Student Discipline Officer’s discretion, the Investigating Officer may be asked to obtain further evidence or to clarify any aspect of the Investigation Report.

5.2 The Student Discipline Officer shall reach one of the following decisions:

  1. (a)To impose a minor sanction or measure where the Student Discipline Officer is satisfied that a breach of the Rules of Behaviour has occurred and that a minor sanction or measure is appropriate;
  1. (b)To refer the case to the Discipline Committee where the Student Discipline Officer considers that a breach of the Rules of Behaviour may have taken place and that a minor sanction or measure may not be an appropriate action;
  1. (c)Where neither (a) nor (b) is appropriate: (i) to take no further action; (ii) to refer the matter for decision under another University procedure.

5.3 In considering whether to impose a minor sanction or measure, or refer the case to the Discipline Committee, the Student Discipline Officer shall give consideration to Regulation 5 of the Rules of Behaviour and any guidance published by the General Board in relation to sanctions and measures, as well as the following factors:

  1. (a)The seriousness of the breach;
  1. (b)The harm or damage caused;
  1. (c)The advantage gained or the advantage that could have been gained by the Respondent as a result of the breach;
  1. (d)The intent and planning involved in the breach;
  1. (e)The impact on the Collegiate University Community, including the content of any Impact Statement;
  1. (f)Whether the Respondent has admitted to the breach and when such an admission took place;
  1. (g)Whether the Respondent has expressed remorse and/or shown insight into the impact of the breach;
  1. (h)The evidenced personal circumstances of the Respondent.

5.4 Where the Student Discipline Officer decides to impose a minor sanction or measure, one or more of the following sanctions or measures are available:

  1. (a)A written warning, which will be placed on the Respondent’s record and will make any subsequent breaches of the Rules of Behaviour more serious;
  1. (b)To require the Respondent to pay the cost of material damages up to the amount of £250;
  1. (c)To require the Respondent to provide a written apology;
  1. (d)To require the Respondent to engage with an educative or reflective session;
  1. (e)To require the Respondent to complete a written reflection;
  1. (f)To require the Respondent not to contact a Reporting Person or Witness.

5.5 The Student Discipline Officer shall provide the decision and the reasons for the decision in writing. Within 7 days of receiving the Student Discipline Officer’s decision and reasons, the Investigating Officer shall communicate this in writing alongside a copy of the Investigation Report and evidence to the Respondent and others in line with 2.25–2.28 of this procedure. Where a minor sanction or measure is imposed, the Respondent will have 7 days from receiving the decision to confirm whether to accept this outcome or have the case referred to the Discipline Committee.

5.6 The Student Discipline Officer shall refer the case to the Discipline Committee for consideration where the Respondent does not agree with the decision to impose a minor sanction or measure; or where the Respondent does not comply with the minor sanction or measure; or where the Student Discipline Officer considers that a minor sanction or measure may not be appropriate.

5.7 The Student Discipline Officer may at any time withdraw the referral to the Discipline Committee. Such a decision will be communicated in writing to the members of the Discipline Committee, the Respondent and others in line with 2.25–2.28 of this procedure.

6. Registered Students who receive a relevant criminal conviction

6.1 It is a Registered Student’s responsibility to inform the University about any relevant criminal conviction received whilst a Registered Student. If a relevant criminal conviction is not reported then the Registered Student will be in breach of Regulation 1(c) of the Rules of Behaviour.

6.2 The purpose of a student reporting a criminal conviction is so that the University can assess whether the Registered Student is able to continue to study at the University and whether there are any further actions that need to be taken. The behaviour resulting in the criminal conviction may not necessarily be in breach of any of the Rules of Behaviour.

6.3 Where a Respondent has already received a criminal conviction as a result of behaviour that is raised within a Concern, an investigation shall be conducted in accordance with paragraph 4 of the procedure. The conviction will be used as evidence that the behaviour on which the conviction was based has taken place.

6.4 Any criminal sentence given to the Respondent will be taken into account by decision-makers when considering whether to apply any sanctions or measures under this procedure. There is a need for all action taken and sanctions or measures imposed by the University to be proportionate.

6.5 Where a Registered Student reports a criminal conviction to OSCCA, the Investigating Officer shall require the Registered Student to provide relevant court documentation, including a copy of the sentence, any judgement and any pre-sentence report. The Registered Student shall also have the opportunity to provide a written statement.

6.6 The Investigating Officer shall present the information to the Student Discipline Officer, and the Student Discipline Officer shall decide either that:

  1. (a)the criminal conviction does not require the University to take any further action; or
  1. (b)the criminal conviction requires the University to take further action.

6.7 Where paragraph 6.6(a) is the decision then the Investigating Officer shall write to the Registered Student and confirm that no further action will be taken. A record of this decision shall be retained by OSCCA.

6.8 Where paragraph 6.6(b) is the decision, the Student Discipline Officer shall refer the matter to the Discipline Committee for further consideration. The Discipline Committee shall consider whether to impose any sanction or measure outlined in paragraphs 5.4 or 7.12 of this procedure for the protection of the interests of the University, in accordance with the process outlined in paragraph 7.

7. Discipline Committee consideration

7.1 Where the Student Discipline Officer refers any case to the Discipline Committee, a member of OSCCA shall act as Secretary to the Discipline Committee and shall assign by lot a Chair and two members to the Discipline Committee from among the members of the Panel appointed by General Board who are available and have not had prior involvement in the case.

7.2 The Discipline Committee shall consist of:

  1. (a)A Chair, who shall be experienced in decision-making relating to misconduct, either through legal training or in relation to student, staff or professional procedures;
  1. (b)A member of Regent House;
  1. (c)A Registered Student or a sabbatical officer of Cambridge University Students’ Union or the Graduate Union.

7.3 The Secretary of the Discipline Committee shall organise a meeting of the Discipline Committee and will communicate the membership of the Committee, date, time and location of the meeting to the Discipline Committee members, the Investigating Officer, the Respondent and the Respondent’s Senior Tutor. If any member is unable or unwilling to act, another member shall be assigned by lot from the relevant panel. If it is not possible to assign three members, the Chair shall have discretion to consider whether it is fair and in the interests of all parties to hold a meeting with only two members of the Committee present. If a Chair is not assigned, the meeting will be rearranged.

7.4 The Respondent shall be provided with a copy of the Investigation Report and evidence, have an opportunity to provide a written response and be invited to attend (and, if they wish, to give oral evidence to) the Discipline Committee meeting with a supporter and/or representative of their choice. Any response or request to call witnesses from the Respondent must be provided at least 10 days before the date of the Discipline Committee meeting. A request to call a Witness will be considered by the Chair, who shall determine whether to permit the Witness to attend or provide evidence in an alternative format as outlined at paragraph 7.8. Where the Respondent is dissatisfied with the Chair’s decision, the Respondent can appeal this decision following the Discipline Committee’s decision on the Concern to the Appeal Committee. A Respondent who wishes to admit the alleged misconduct in advance of the Discipline Committee meeting may do so as part of the written response, in which case the meeting may focus only on what, if any, sanction or measure to apply.

7.5 Respondents should attend the Discipline Committee in person, where possible. However, where this is impractical, for example, where the Respondent is in another country, the Respondent may attend by video link. If the Respondent is unable to attend the Discipline Committee meeting and wishes to do so, it shall be at the Chair’s discretion as to whether the Respondent has provided a sufficient reason for absence, in which case the meeting date should be re-arranged. The Discipline Committee meeting may proceed in the Respondent’s absence.

7.6 The Discipline Committee, the Respondent and the Investigating Officer shall receive a copy of the Discipline Committee papers, the Investigation Report and evidence, and any response provided by the Respondent, at least 7 days before the Discipline Committee meeting.

7.7 During the Discipline Committee meeting, there shall be the opportunity for the Committee members to ask questions of the Investigating Officer and, if in attendance, the Respondent. The Respondent (or the Respondent’s representative) and the Investigating Officer will also have the opportunity to ask questions. The Respondent shall have the opportunity to make a final statement.

7.8 It will not normally be necessary for the Reporting Person and/or Witness to attend the meeting as their evidence will be provided in the Discipline Committee papers. Where the Respondent wishes to challenge the evidence of a Reporting Person or a Witness, the Respondent should notify the Chair of the Discipline Committee who will determine the most appropriate format for this. Appropriate formats may include the Reporting Person or Witness attending the Discipline Committee meeting in person or by video link, and/or questions being directed through the Chair. Alternatively, the Respondent may be asked to explain the precise challenges and, where the Chair of the Discipline Committee considers those challenges material to the Discipline Committee’s decision, a further written response will be sought from the Reporting Person or Witness. The Discipline Committee may pause the meeting to request further information where the Chair deems it appropriate to do so.

7.9 Once the Discipline Committee is satisfied that it has received all of the information, all persons except for the members, Secretary and note taker of the Discipline Committee shall withdraw.

7.10 The Discipline Committee shall consider all the information that has been provided and reach one of the following decisions:

  1. (a)To dismiss the case;
  1. (b)To find that there has been a breach of the Rules of Behaviour.

7.11 Where the Discipline Committee has found that the Rules of Behaviour have been breached, the Secretary shall inform the Discipline Committee of any previous breaches of the same Rule. The Respondent (and any supporter and/or representative) and the Investigating Officer will be invited back into the meeting and the Respondent (or the Respondent’s representative) will have an opportunity to make a further statement in relation to mitigation regarding the breach of the Rules of Behaviour and any previous breaches of Rules of Behaviour. The Investigating Officer may provide further information including in relation to any Impact Statement and the Committee may ask questions. The Respondent (or the Respondent’s representative) shall have the opportunity to make a final statement.

7.12 The Discipline Committee will then consider whether a sanction or measure should be imposed. Consideration shall be given to the factors outlined in Regulation 5 of the Rules of Behaviour and paragraph 5.3 of this procedure. The Discipline Committee can consider whether a minor sanction or measure, as outlined in paragraph 5.4, should be imposed. Where a minor sanction or measure is not considered to be appropriate, the Discipline Committee can choose from the following further sanctions and measures:

  1. (a)Restrictions or conditions on the right to use University or, with the permission of the relevant College, College premises, facilities or services;
  1. (b)The amendment of academic results or the temporary or permanent removal of academic awards;
  1. (c)Temporary or permanent exclusion from membership of the University with accompanying temporary or permanent removal of academic awards;
  1. (d)Any penalty considered by the Discipline Committee to be lighter.

7.13 In deciding upon the appropriate sanction(s) or measure(s), the Discipline Committee shall consider each sanction or measure in turn and shall impose the lowest sanction(s) or measure(s) commensurate with the breach. The Discipline Committee shall record the reasons for the sanctions or measures imposed. Sanctions or measures affecting the academic results or academic awards of a Respondent shall only be imposed where it is proportionate to do so.

7.14 The Secretary of the Discipline Committee, within 7 days of the Discipline Committee reaching a decision, shall provide to the Respondent a written document explaining the Discipline Committee’s decision, reasons for the decision, any sanction or measure applied and the right of appeal. The notes of the Discipline Committee meeting will be shared with the Respondent within 14 days of the Discipline Committee meeting. The outcome will be shared with others in line with 2.25–2.28 of this procedure.

7.15 Where a Respondent subsequently fails to comply with any sanctions or measures imposed by the Discipline Committee, the Respondent will be subject to any action specified by the Discipline Committee to be imposed in this circumstance; or, where other action has not been specified, further disciplinary action may be taken under Regulation 1(a) of the Rules of Behaviour.

8. The Appeal Committee

8.1 The Respondent shall have the right to appeal the decision of the Discipline Committee within 14 days of receiving the written decision. A member of OSCCA who has had no previous involvement in the case shall act as Secretary to the Appeal Committee. The Secretary to the Appeal Committee has the authority to extend the appeal deadline, where there is a compelling reason to do so.

8.2 An appeal can be submitted on the following grounds, that:

  1. (a)The procedures were not followed properly;
  1. (b)The Discipline Committee reached an unreasonable decision;
  1. (c)The Respondent has new material evidence that the Respondent was unable, for valid reasons, to provide earlier in the process;
  1. (d)There is bias or reasonable perception of bias during the procedure;
  1. (e)The penalty imposed was disproportionate, or not permitted under the procedures.

8.3 In order to appeal the Discipline Committee’s decision, the Respondent will need to complete and submit an Appeal Form to OSCCA, which includes all evidence the Respondent wishes to be considered as part of the appeal. The University will normally aim to make a decision regarding an appeal within 30 days of the Respondent making the appeal.

8.4 If the appeal has been made on the specified grounds and within the timeframe, as determined by the Secretary of the Appeal Committee, the Secretary shall assign by lot a Chair and a member of the Regent House from among the members of the panels appointed by General Board who are available and have not had prior involvement in the case, and require the Proctors to confirm a Proctor, Deputy Proctor or Pro-Proctor who is available and has not had any prior involvement in the case.

8.5 The Appeal Committee shall consist of:

  1. (a)A Chair, who shall be experienced in decision-making relating to misconduct, either through legal training or in relation to student, staff or professional procedures;
  1. (b)A member of the Regent House;
  1. (c)A Proctor, Deputy Proctor or Pro-Proctor.

8.6 The Secretary of the Appeal Committee shall organise a meeting of the Appeal Committee either physically or virtually and communicate the date, time and location for the meeting to members of the Committee. The Respondent will be informed of the membership of the Appeal Committee attending the meeting. If any member is unable or unwilling to act, another member shall be assigned by lot from the relevant panel. If it is not possible to assign three members, the Chair shall have discretion to consider whether it is fair and in the interests of all parties to hold a meeting with only two members of the Committee present. If a Chair is not assigned, the meeting will be rearranged.

8.7 The Appeal Committee shall receive the Respondent’s Appeal Form and evidence, the Discipline Committee outcome, the notes of the Discipline Committee and the material considered by the Discipline Committee at least 7 days before the Appeal Committee meeting.

8.8 The Appeal Committee shall normally consider an appeal in private based on the written materials, but has the discretion to request further information; where this happens the Respondent shall be sent a copy of any further information and be given an opportunity to provide a written response.

8.9 The Appeal Committee shall consider all the information that has been provided and reach one of the following decisions:

  1. (a)To dismiss the appeal;
  1. (b)To uphold the appeal.

8.10 Where the Appeal Committee has upheld an appeal on the grounds of new material evidence relating to a breach of the Rules of Behaviour, it will normally send the matter back for re-consideration by a Discipline Committee. Where the Appeal Committee has upheld an appeal on any other ground(s), it can choose to send the matter back for re-consideration by a Discipline Committee, or alternatively it has the power to impose its own decision, including sanctions or measures. Where the Appeal Committee considers a breach of the Rules of Behaviour has taken place, it can impose any sanction or measure outlined in paragraphs 5.4 and 7.12 of this procedure, including more or less significant sanctions or measures than were imposed by the Discipline Committee for the same breach.

8.11 The Secretary of the Appeal Committee, within 7 days of the Appeal Committee reaching a decision, shall provide to the Respondent a written copy of the Appeal Committee’s decision, reasons for the decision, and any substituted decision. This is the final stage of the internal process and therefore the Respondent will be issued with a Completion of Procedures letter.

8.12 Where the Discipline Committee has imposed a sanction or measure and the Respondent has appealed, the sanction or measure will not normally be implemented while the appeal is being considered. Following the Appeal Committee’s decision, any sanctions or measures shall be implemented, even if the Respondent intends to raise a complaint with an external body.

8.13 Where a Respondent subsequently fails to comply with any sanctions or measures imposed by the Appeal Committee, the Respondent will be subject to any action specified by the Appeal Committee to be imposed in this circumstance; or, where other action has not been specified, further disciplinary action may be taken under Regulation 1(a) of the Rules of Behaviour.

9 Reporting and monitoring

9.1 OSCCA shall monitor all Concerns reported using this procedure and shall produce an annual report summarising the anonymised decisions made by the Student Discipline Officer, the Discipline Committee and the Appeal Committee. The annual report shall be submitted to the General Board through its Education Committee and to the Council.

9.2 The purpose of this monitoring shall be to ensure that decisions are made consistently and at the appropriate level; that appropriate action is taken on issues identified and that information gathered is used to improve guidance and support for students and staff involved in the procedure.

Notices by the General Board

University-wide statement on plagiarism

Rescinded by Grace 1 of 30 May 2019

Rules for the Guidance of Candidates and for the Prevention of Misconduct in Examinations

1. Candidates shall not commence writing at the start of an examination session until authorized to do so by the Supervisor or Senior Invigilator. Candidates shall stop writing at the end of an examination session when similarly instructed.

2. Except with the consent of the Supervisor or Senior Invigilator, no candidate shall be allowed to enter an examination room later or to leave an examination room earlier than thirty minutes after the beginning of a session.

3. A candidate may take a small bottle of non-carbonated drink to her or his desk for consumption during an examination session provided that no disturbance is thereby caused to other candidates. Except with the written consent of the Examination and Assessment Committee8 no food or other items of drink may be taken into an examination room; cigarettes, e-cigarettes, and the like are also prohibited from all examination venues. A Supervisor, Invigilator, or Examiner has authority to deprive a candidate of unauthorized items until the examination session is ended.

4. No candidate shall take into an examination room or have in her or his possession during an examination any book or paper relevant to the examination unless specifically authorized. A Supervisor, Invigilator, or Examiner has authority to confiscate such documents.

5. No candidate shall take into an examination room any electronic calculator or other means of data storage or retrieval unless specifically authorized. A Supervisor, Invigilator, or Examiner has authority to confiscate unauthorized items. If a candidate is suspected of unfair means, the item will be confiscated until the Advocate has authorized its return. Where also specified, an electronic calculator must carry an official mark indicating that it has been approved for use in University examinations.

6. No candidate shall have in her or his possession during an examination any electronic communication or audio device. A Supervisor, Invigilator, or Examiner has authority to deprive a candidate of such equipment until the examination session is ended.

7. Candidates shall not remove from an examination room any paper except the question paper and such books or papers, if any, as they were authorized to take into the room. Until the time at which candidates are allowed to leave the examination room, no copy of any examination paper shall be taken from the room without the consent of the Supervisor or Invigilator.

8. No candidate shall communicate with any other candidate during an examination session.

9. Candidates shall not leave their places during a session except with the consent of the Supervisor or an Invigilator.

10. Candidates shall be dressed decently and not in a manner that is likely to create a disturbance in the examination room, or to distract the attention of other candidates.

11. A Supervisor, Invigilator, or Examiner shall report to the Examination and Assessment Committee8 any breach of these rules and shall inform the candidate concerned that such a report is to be made. A candidate shall not be dismissed from a session except as provided in Rule 12.

12. A candidate who acts in such a way as to disturb or inconvenience other candidates shall be warned and may, at the discretion of the Supervisor, Invigilator, or Examiner, either be required to change seat or be dismissed from the session.

13. Candidates attending a practical examination must comply with the safety requirements of the laboratory in which the examination is held.

14. Candidates shall have regard for the welfare of others, including the general public, at the end of examination sessions (both their own sessions and those of others). In particular they should avoid: noise that might disturb active examinations or other work nearby; littering or damage, especially with food or drink; and obstructing highways or thoroughfares. Candidates shall comply with instructions given by University staff performing their duties.

Fines

Amended by Grace 1 of 30 May 2019

The General Board8, the Information Services Committee and the Library Syndicate shall have power to impose a fine not exceeding £175 on any person who infringes the regulations for those bodies or the rules made by them under those regulations. A request for review of a decision to impose a fine by a registered student (or a person who at the time of the imposition of the fine was a registered student) shall be made under the Procedure for the Review of Decisions of University Bodies established by the General Board.9

Motor Vehicles

Amended by Grace 1 of 30 May 2019

1.A member of the University in statu pupillari shall not keep, use, or cause to be kept for her or his use any motor vehicle other than a moped within ten miles of Great St Mary’s Church while in residence in term or in the Long Vacation period of residence, unless he or she shall have obtained, on her or his Tutor’s written recommendation, a licence for that vehicle issued by the Senior Proctor or a person appointed for the purpose by the Senior Proctor under this Ordinance (where the Senior Proctor has appointed a person to act on their behalf any reference to the Senior Proctor in this Ordinance shall be construed as referring to that person). The Senior Proctor may issue such a licence to any member of the University in statu pupillari who is a graduate of a university, or who has the status of Bachelor of Arts, or who has kept (or been allowed) nine terms by residence, or to whom the Senior Proctor decides that its issue is warranted by exceptional individual circumstances.

2. A member of the University in statu pupillari who is not qualified to hold a licence under Regulation 1 may, on the written recommendation of his or her Tutor, be granted a licence to keep a motor vehicle to be used for the purposes of a University Department or of a University or College club or society, or for any other purpose approved by the Senior Proctor, provided that the application be supported in writing, in the case of a University Department by the Head of the Department or a duly appointed deputy, and in the case of a University or College club or society, by the committee of the club or society.

3. A licence shall normally be valid until the end of the academical year in which it is issued but it may be suspended or revoked at any time by the Senior Proctor. A member in statu pupillari who is dissatisfied with a decision to suspend or revoke that member’s licence may request a review of that decision. A request for review shall be made under the Procedure for the Review of Decisions of University Bodies established by the General Board.9

4. An application for a licence must be made within fourteen days of the vehicle being brought within a ten-mile radius of Great St Mary's Church, or, if it is already within that radius, within fourteen days of its coming into the possession of the applicant, or within the first fourteen days of Full Michaelmas Term if the application is for a renewal.

5. A licence shall at all times be prominently displayed on the vehicle for which it is issued.

6. The issue of a licence may be conditional upon the person to whom it is issued being covered by insurance on behalf of passengers, and upon restrictions on the garaging and parking of a vehicle for which it is issued.

7. These regulations for motor vehicles shall not apply to

  1. (a)the use of motor vehicles licensed by the Cambridgeshire Police Authority, or in charge of or driven by tradesmen or their employees,
  2. (b)the hiring of motor vehicles, or the receiving of driving instruction.

8. The Senior Proctor shall have power to impose a fine not exceeding £175 for an offence against any of these regulations or for a breach of any condition made by the Senior Proctor under Regulation 6. A member in statu pupillari (or a person who at the time of the imposition of the fine was a member in statu pupillari) can request a review of a decision to impose a fine. A request for review shall be made under the Procedure for the Review of Decisions of University Bodies established by the General Board.9

Bicycles and Boats

1. A member of the University in statu pupillari shall not keep, or cause to be kept for his or her use, a bicycle within the Precincts of the University, unless it bears a distinguishing mark in accordance with instructions to be issued from time to time by the Proctors.

2. A member of the University in statu pupillari shall not keep, or cause to be kept for his or her use, a boat to be used within the Precincts of the University, unless it is registered annually with the Conservators of the River Cam and bears a distinguishing mark in accordance with instructions to be issued from time to time by the Proctors.

Clubs and Societies

1. Any club or society consisting wholly or partly of members of the University who are registered students may apply to the Junior Proctor for registration as a University society. A club or society applying for registration shall submit to the Junior Proctor a statement of its current financial position and a copy of its constitution. The Junior Proctor may refer such an application to the Societies Syndicate. If the Junior Proctor refuses to register a club or society the club or society may appeal to the Societies Syndicate, who may if they think fit register the club or society.

2. All registered clubs or societies shall deposit any changes in their constitution with the Junior Proctor, and shall notify him or her of any change of officers.

3. By 31 December each year every registered club or society shall deposit with the Junior Proctor a copy of its accounts for the previous academical year approved and signed by the Senior Treasurer who shall be a member of the Regent House or if not shall be a member of the Senate approved for the purpose by the Junior Proctor. A club or society that has been permitted by the Junior Proctor to amend its constitution under Regulation 4 so as to remove the requirement to have a Senior Treasurer may be required by the Junior Proctor to submit its accounts in such manner as may be determined by the Junior Proctor in each case.

4. A club or society whose constitution requires it to have a Senior Treasurer shall not amend its constitution so as to remove this requirement without obtaining the prior approval of the Junior Proctor and submitting to the Junior Proctor a statement of its current financial position.

5. Any club or society sanctioned by the Proctors before these regulations take effect shall be deemed to have been registered in accordance with these regulations.

6. Any registration granted or deemed to have been granted under these regulations may be withdrawn at the discretion of the Junior Proctor, subject to a right of appeal by the club or society to the Societies Syndicate.

7. No club or society consisting wholly or partly of members of the University who are registered students, whether registered under the provisions of these regulations or not, shall, while occupying University premises, engage in trade without the permission of the Finance Committee of the Council. The Finance Committee may make such permission conditional on the submission to them of annual audited accounts or subject to such other conditions (including the condition that the club or society shall be registered as a limited liability company) as the Finance Committee may deem desirable in the interests of the University or of its members. For the purpose of this regulation

  1. (a)the term ‘trade’ shall include the buying or selling of goods or services, whether for profit or otherwise, but shall not include the sale of tickets for admission to a public performance given by a club or society, or the sale of any paper, magazine, or journal published by a club or society or of advertising space in such a publication;
  2. (b)the term ‘occupying’ shall not include the occasional hiring of University premises.

8. These regulations shall not apply to sports clubs.2

Meetings and Public Gatherings on University Premises

Code of practice issued under section 43 of the Education (No 2) Act 19863

Amended by Grace 1 of 30 May 2019

Section 43 of the Education (No 2) Act 1986, referring to freedom of speech4 in universities, polytechnics, and colleges, requires the Council to issue and keep up to date a code of practice to be followed by members, students, and employees of the University for the organization of meetings and other events, which are to be held on University premises, and for the conduct required of members, students, and employees of the University in connection with such meetings, etc. This Code of Practice therefore applies to all members, students, and employees of the University, in respect of all University premises, which for the purposes of this Code includes Cambridge University Students’ Union and the Graduate Union. Outdoor, as well as indoor, meetings and events on University premises are included.

Members of the University are reminded that alleged breaches of the general regulations for discipline and other allegations of misconduct against the discipline of the University may be brought before the University Tribunal or a student disciplinary panel, as appropriate.

Authority and approval processes for meetings and events on University premises

Authority is required for meetings and events to be held on University premises, whether indoors or out of doors. In the case of accommodation assigned to a single Faculty or Department, the permission of the relevant Faculty or Departmental authorities is required. In the case of accommodation not so assigned, permission must be obtained from the central University authority responsible for the accommodation concerned and, if a room is to be reserved, a booking must be made through that authority at least fourteen working days in advance of the proposed event. Further details of who to contact are available in the Event Booking Guide at https://www.em.admin.cam.ac.uk/files/uoc_event_booking_guidance_0.pdf.

It is anticipated that, in the vast majority of cases, the authority in question will straightforwardly consider the request as part of normal business.

However, in the exceptional circumstances that the authority in question considers that the holding of the event might reasonably be refused solely because of the duty to prevent people from being drawn into terrorism, there is a process of escalation to a Referral Group to be followed before permission may be refused. Only the Referral Group may refuse permission on this basis. The request should be forwarded to the Referral Group5 (email: referralconfidential@admin.cam.ac.uk) with a statement of the concerns. This referral should be made at least seven working days in advance of the proposed event. Members of the University who are concerned that a particular forthcoming event should be escalated to the Referral Group may do so directly. The Referral Group will, in consultation as necessary, determine whether the event can go ahead as originally planned, or in alternative premises, at a later date or in a different format. Only in exceptional circumstances and when the Referral Group considers that there are risks which cannot be mitigated or the event organizer refuses to meet any conditions imposed, will permission be withheld. An organizer who is unhappy with the Referral Group’s decision has the right of appeal to the Vice-Chancellor or to his or her appointed deputy for these purposes.

Any decision by the Referral Group that an event proposed to be held in the University is not to take place, or may only take place subject to conditions, is binding and takes precedence over any other permission which may have been given by any other body or officer in the University.

Organization and management of meetings and events on University premises

Once approved, the organizers of meetings and events must comply with any conditions set by the University authorities concerned for the organization of the meeting or other activity and the arrangements to be made. Such conditions may include the requirement that tickets should be issued for public meetings, that an adequate number of stewards should be available, that the police should be consulted and their advice taken about the arrangements, and that the time and place of the meeting should be changed. The cost of meeting the requirements, and the responsibility for fulfilling them, rests with the organizers.

Notification of Proctors

In addition to seeking the permission referred to above, the organizers of all meetings and events to be held on University premises which are to be addressed or attended by persons who are not resident members of the University (except for academic meetings organized by the authority of a Faculty or Department, or for any meetings or classes of meetings approved for the purpose by the Senior Proctor as being commonly or customarily held on University premises) are required to give notice to the Senior Proctor. This notice may be given on the form used to book University premises, a copy of which will be sent by the University authority concerned to the Senior Proctor. The organizers may also, if they wish, communicate directly with the Proctors to give further details. Information is required at least seven working days in advance (although the Senior Proctor may, at his or her discretion, agree to receive information closer to the time of the meeting than this). The information needed is the date and time of the meeting, the place, the names, addresses, and Colleges (if any) of the organizers, the name of the organization making the arrangements, and the name of any expected speaker, whether or not a member of the University.

The organizers of any meeting must comply with instructions given by a Proctor, by any other University officer, or by any other person authorized to act on behalf of the University, in the proper discharge of his or her duties. The attention of members of the University is drawn to Regulations 9 and 10 of the general regulations for discipline.

Colleges

The provisions of section 43 of the Education (No 2) Act 1986 apply also to the Colleges in respect of their own members, students, and employees, and in respect of visiting speakers. Colleges are also subject to the duties under section 26 of the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism, as described in the University’s Statement on Freedom of Speech7. Each College is requested by the University to name a senior member who will be responsible for enforcing the provisions of both the above Acts in that College and will co-operate as necessary with the Proctors. Members of the University are reminded that University disciplinary regulations apply on College premises as elsewhere in the Precincts of the University. A College may invite the Proctors to enter its premises.

The attention of organizers of public meetings and assemblies is drawn to sections 11 and 14 of the Public Order Act 1986, concerning processions and assemblies. Other legal requirements may affect the conduct of meetings, etc. A speaker, for example, who incites an audience to violence or to a breach of the peace or to racial hatred is breaking the law. Equally, assemblies of persons, even if directed to lawful purposes, cease to be lawful if they cause serious public disorder or breaches of the peace. Attention is also drawn to the provisions of the Licensing Acts, which apply to certain University premises, including the University Centre. These Acts require the licensee to maintain good order on licensed premises, and give the licensee the power to expel persons from the premises if he or she considers it necessary.

The application of this Code

Any person who is in any doubt about the application of this Code of Practice to any meeting or public gathering in the University is under an obligation to consult the Senior Proctor, who, in consultation with the officers of the Registrary’s Office, will determine whether the provisions of the Code apply.

Footnotes

  1. 1. See below.a
  2. 2. See the regulations for the University Sports Committee (p. 139). This regulation will come into effect on a date agreed by the Junior Proctor and the Chair of the University Sports Committee.a
  3. 3. Section 43 of the Education (No 2) Act 1986 was reproduced in Reporter, 1986–87, p. 578.a
  4. 4. See the University Statement on Freedom of Speech: https://www.registrarysoffice.admin.cam.ac.uk/governance-and-strategy/university-statement-freedom-speech.a
  5. 5. The Referral Group has the following membership: the University Prevent Lead; the Senior Proctor; the Head of Education Services; the Head of Internal Communications; either the President of the Cambridge University Students' Union or the President of the Graduate Union (for unreserved business); the University Prevent Coordinator.a
  6. 6. See p. 28.a
  7. 7. See the University Statement on Freedom of Speech: https://www.registrarysoffice.admin.cam.ac.uk/governance-and-strategy/university-statement-freedom-speech.a
  8. 8. The General Board has delegated authority to the Examination and Assessment Committee.a b c
  9. 9. See p. 219.a b c
  10. 10. See Regulation 2 of the regulations for Residence and Precincts of the University (p. 172).a
  11. 11. These regulations apply to allegations that are made on or after 1 October 2019. Where those allegations concern conduct that took place before that date, the regulations in force at the time of the conduct in question will be applied to determine whether a breach has occurred (e.g. under these Rules of Behaviour for conduct on or after 1 October 2019, or under the General Regulations for Discipline that were in force at the time for conduct prior to that date), and the respondent will be offered a choice of the case being determined under the Student Disciplinary Procedure in force from 1 October 2019 (p. 193) or the procedure in force at the time of the conduct.a
  12. 12. These are listed in the Equality Act 2010 and are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation.a
  13. 13. These regulations apply to conduct that allegedly took place on or after 1 October 2019. Where those allegations concern conduct that took place before 1 October 2019, the regulations in force at the time of the conduct in question will be applied to determine whether a breach has occurred (e.g. under the Rules of Behaviour for conduct on or after 1 October 2019 (p. 191), or under the General Regulations for Discipline that were in force at the time for conduct prior to that date), and the respondent will be offered a choice of the case being determined under the Student Disciplinary Procedure in force from 1 October 2019 or the procedure in force at the time of the conduct.a
  14. 14. Reprimands and final warnings are no longer issued by the police but are noted here to provide a complete list of the types of warnings that are covered by this paragraph.a