Statutes and Ordinances of the University of Cambridge
CHAPTER I
THE CHANCELLOR AND THE GOVERNMENT OF THE UNIVERSITY

In this section

THE COUNCIL

Legal Powers

The Council shall have authority to take legal advice, retain solicitors, and bring, defend, or conduct legal proceedings on behalf of the University as they may think necessary or desirable in the interests of the University.

Appeals to the Council

Subject to the provisions of Statute U, the Council shall hear appeals from any person who comes within the jurisdiction of the University Tribunal under Statute B, VI, 3 and upon whom a University authority has, under Statute A, II, 6 and in accordance with an Ordinance or with a rule made under Ordinance, imposed a sentence, provided that such a person has delivered to the Registrary, within twenty-eight days after notice of the sentence imposed by the University authority concerned, written notice of his or her appeal to the Council. The Council shall have power to quash the finding or to vary the sentence within the limits of the power of that authority, and the decision of the Council shall be final.

Reserved Business

Under the provisions of Statute K, 20(c) proposals for the conferment of degrees or titles of degrees, and any matter which would for a Faculty Board be reserved business under the provisions of Statute C, IV, 13, shall be reserved business for the Council.

Review of Decisions of the Applications Committee

Grace 5 of 11 June 2008

The Council shall establish a procedure for the review of decisions taken by it in respect of individuals in exercise of its powers under Statute B, III, 9 (allowances of terms) and in exercise of its powers under the regulations for allowances to candidates for examinations (p. 218). No person who applies for review under the procedure so established shall be entitled to apply also for review of the same matter under the procedure for determining complaints by members of the University in statu pupillari established under the regulation for complaints by students (p. 209).

APPENDIX

Review of decisions of the Applications Committee of the Council: procedure

1. A student, or her or his Tutor with the student’s consent, may seek review of a decision in relation to that student made by the Applications Committee.

2. A request for review shall be made in writing, stating the grounds of review, normally within three weeks of written notification of the Committee’s decision (unless, in exceptional circumstances, the Registrary or a deputy permits a longer period).

3. The Registrary or a deputy will appoint a reviewer chosen from a panel of potential reviewers maintained by the Council. Exceptionally, a panel of three reviewers may be appointed. If so, references below to ‘the reviewer’ shall be construed accordingly.

4. The reviewer will consider the request submitted, will obtain an opinion if necessary from the Applications Committee, at her or his discretion will hold a hearing (but there is no obligation to hold a hearing), and will issue an adjudication in writing as soon as possible, stating findings of fact, conclusions, and, if any, recommendations, for consideration by the Applications Committee.

5. The Applications Committee shall normally accept the recommendation of the reviewer. If, exceptionally, the reviewer’s recommendation is not accepted a written explanation shall be provided to the reviewer, the student, and her or his Tutor and shall be submitted to the Council.

6. The conclusion of the Applications Committee’s consideration of any recommendation of a review is the normal final point of decision within the University. Any subsequent review would normally be by the national Office of the Independent Adjudicator for Higher Education, or exceptionally, if relevant, some other University review (for example by the Commissary under Statute D, V and the rules of procedure (p. 104)) or under Statute K, 5.

7. A reviewer may summarily dismiss an application which seems to her or him to be vexatious or frivolous.

Notice by the Council

Statement of intention

In carrying out their functions as the principal executive and policy-making body of the University the Council will consult the Regent House on questions of policy which in the Council's judgement are likely to prove controversial. They will do this by submitting a Grace to the Regent House for the approval of a provisional decision or statement of intention; where appropriate, such a Grace will allow for the expression of a preference between alternative options. The Council will give consideration to remarks made at any Discussion of such matters and to the outcome of any vote on them.

Election of Members of the Council

Members in classes (a)–(c)

Postal ballot.

1. At each election of a member or members of the Council in any of classes (a), (b), and (c) voting shall be by postal ballot. The election shall be conducted in accordance with the Single Transferable Vote regulations. Voting-papers shall be distributed to all members of the Regent House not later than a day appointed by the Vice-Chancellor, which shall be, for an election held in the Michaelmas Term, at least ten days after the promulgation of the Roll of the Regent House. The Vice-Chancellor shall give public notice of the day for the distribution of voting-papers and of the latest time for their return, which shall be not earlier than the tenth day after the day appointed for distribution.

Nominations.

2. In order to be eligible in any class a candidate must be nominated on a paper sent to the Vice-Chancellor so as to arrive not later than noon on the tenth day before the date appointed for the distribution of voting-papers. The paper must contain (a) a statement signed by two members of the Regent House, certifying that they nominate the candidate for election as a member in that class, and (b) a statement signed by the candidate certifying that he or she consents to be so nominated. No person shall be nominated for election in more than one class. On the receipt of each nomination the Vice-Chancellor shall forthwith publish it by causing it to be posted outside the Senate-House. A nomination may not be withdrawn after such publication.

3. Not later than the last day for the receipt of nominations each person nominated for election shall send to the Registrary a curriculum vitae, details of which shall be distributed with the voting-papers for the information of members of the Regent House.

4. There shall be separate voting-papers for each class of members to be elected.

5. An election shall not be deemed invalid owing to the misdirection, late arrival, or non-arrival of any voting-paper.

Members in class (d)

6. The members of the Council in class (d) shall be in two categories as follows:

  1. (i)two students elected by and from among all the students in the University,
  2. (ii)one graduate student elected by and from among all the graduate students in the University.

Members in class (d) shall serve for one year from 1 July next following the election.

7. The annual election of members in class (d) shall be held in Full Term on a day not earlier than the fourteenth day before the last day of Full Lent Term. The date and place or places of the election, the last date for the receipt of nominations, and the hours within which voting may take place shall be determined by the Vice-Chancellor, subject to any conditions approved by the Council; provided that the last date for the receipt of nominations shall be not later than the seventh day of Full Term before the day appointed for the election.

8. At each election of a member or members in class (d) voting shall be by ballot; electors shall give their votes in person. The election shall be conducted in accordance with the Single Transferable Vote regulations, except that the voting-papers shall list the candidates by name and electors shall express their preferences by number.

9. Not later than thirty-five days of term before the date appointed for the election, the Vice-Chancellor shall give public notice of the date appointed for the election and the final date for the receipt of nominations.

Electoral rolls.

10. Not later than twenty-eight days of term before the date appointed for the election, the Registrary shall make public electoral rolls of all the persons who on the preceding 31 October were eligible, under the provisions of Statute A, IV and of these regulations and of the rules made under these regulations, to vote and to stand as candidates in the election of members in category (i) and category (ii) of class (d). For this purpose it shall be sufficient to make copies of the electoral rolls available for inspection in the University Registry, but the Registrary shall in addition send to each College the appropriate sections of the rolls for inspection by members of the College. Any person may within seven days of the publication of the rolls send to the Registrary a written objection to the inclusion of any name in, or the omission of any name from, either roll. The decision of the Registrary on any such objection shall be final. Unless otherwise determined by the Vice-Chancellor, the electoral rolls or, if amended by the Registrary, the electoral rolls so amended, shall be the rolls for any election in class (d) held at any time in the calendar year in which the electoral rolls were first published.

Nominations.

11. In order to be eligible a candidate must be nominated on a paper sent to the Vice-Chancellor not later than the last date for nominations appointed under Regulation 7 above. The paper must contain (a) a statement signed by eight persons who are eligible to vote and to stand as candidates in the category for which the candidate is nominated, who shall certify that they nominate the candidate for election, and (b) a statement signed by the candidate consenting to be nominated. No person shall be nominated as a candidate in both categories. On the receipt of each nomination the Vice-Chancellor shall forthwith publish it by causing it to be posted outside the Senate-House. A nomination may not be withdrawn after such publication. Not later than the day following the last date for the receipt of nominations the Vice-Chancellor shall send a complete list of nominations to Colleges and shall subsequently publish it in the Reporter.

12. The nomination of any candidate who has suffered suspension or deprivation of his or her degree or membership of the University, or who is suffering a sentence of rustication by a University Court or by a College, or whose name, or the name of any of whose nominators, is not included in the roll for the category in which the candidate has been nominated, or in that roll as amended by the Registrary, shall be invalid.

Rules.

13. The Council shall from time to time make rules in accordance with which the Registrary shall certify persons as students in the University or as graduate students for the purpose of Statute A, IV, 2. Any question of interpretation of the rules shall be decided by the Registrary, whose decision shall be final.

Members in classes (a)–(d)

14. After an election the Vice-Chancellor shall arrange for the counting of the votes and shall publish the result of the election as soon as conveniently possible.

APPENDIX

Rules made by the Council in accordance with Regulation 13 for the election of members of the Council

1. These rules shall apply to the compilation of electoral rolls for the election of members of the Council in categories (i) and (ii) of class (d).

2. The term student in the University shall mean a matriculated person certified by the Registrary to be pursuing a course of study leading to a Tripos examination, or a course of study or research leading to a degree, diploma, or certificate of the University.

3. The term undergraduate shall mean a student in the University whose course of study is one leading to any of the following degrees: B.A., M.Eng., M.Sci., B.Th. The term graduate student shall mean a student in the University who is not an undergraduate so defined.

4. The Registrary shall include in the roll for category (i) the name of any sabbatical officer of CUSU who, before completing a course of study leading to the degree for which he or she intends to be a candidate, has been given leave to degrade for the purpose of holding such office, but shall not include any such sabbatical officer who has completed a course of study for any of the degrees specified in Rule 3 and has not commenced any further course of study.

5. A person whose name is on the Register of Graduate Students shall be eligible for inclusion in the appropriate roll whether or not registered as a candidate for a particular degree, diploma, or certificate.

6. The Registrary shall not include in either roll the name of any Graduate Student who, on 31 October next preceding the election, had been registered for his or her current course of study or research for more than four calendar years, or the name of any Graduate Student holding a Fellowship of any College on 31 October next preceding the election.

Nomination of Members of the Council in Class (e) (External Members)

Amended by Grace 1 of 23 January 2008

Nominating Committee.

1. The Council shall discharge its duty of making nominations for appointment by Grace of members of the Council in class (e) on the recommendation of a Nominating Committee which shall consist of:

  1. (a)a member appointed by the Council on the nomination of the Proctors and Deputy Proctors either (i) from among those current members of the Council in class (e) or (ii) from among former members of the Council in class (e);
  2. (b)the Vice-Chancellor;
  3. (c)two members elected by the Regent House from among those who at the time of election are current members of Council in classes (a), (b), and (c);
  4. (d)four members of the Senate elected by the Regent House.

2. The member in class (a) shall be appointed to serve for two years starting from 1 October in a year when the calendar year is odd, and shall be in the chair. No member of the Council in class (e) shall serve on the Nominating Committee when his/her own reappointment to the Council is being considered.

3. An election of one member in class (c) and two members in class (d) of the Nominating Committee shall be held during Full Easter Term when the calendar year is odd. Members in classes (c) and (d) shall be elected to serve for four years from 1 October next following the aforementioned election. The election shall be conducted in accordance with Regulations 1–5 and 14 of the regulations for the election of members of the Council. If at any election the total number of vacancies is not filled, the Vice-Chancellor shall arrange a further election to fill such vacancies as are unfilled.

4. No person may be a member of the Nominating Committee in class (d) who is a member of the Council, or who holds the University office of Pro-Vice-Chancellor, Registrary, or Director or Deputy Director in the University Offices.

5. If a member in class (d) of the Nominating Committee, or any person nominated for election as a member in that class, becomes a member of Council, or is appointed to any of the offices in Regulation 4, or ceases to be a member of the Senate, that member’s seat shall thereupon become vacant, or the nomination shall thereupon become invalid, as the case may be.

6. The provisions of Statute K, 6(b) shall apply to the initial appointment of a member in class (a) and to the filling of a casual vacancy in class (a), save that no Ordinance may be made permitting the filling of a casual vacancy by co-option. The provisions of Statute A, IV, 6 regarding the filling of casual vacancies in the membership of the Council shall apply to the initial elections of members in classes (c) and (d) and to the filling of casual vacancies in classes (c) and (d).

7. A retiring member of the Nominating Committee in classes (a), (c), or (d) who has served for four or more consecutive years shall not be eligible to serve again as a member of the Nominating Committee in classes (a), (c), or (d) until one year has elapsed after the end of his or her previous period of service.

Secretary.

8. The Registrary shall be Secretary of the Nominating Committee.

9. The Nominating Committee shall make arrangements for:

  1. (a)public advertisement of the intention to make a nomination;
  2. (b)consultation with the Audit Committee about the requirements for the Chairmanship of that committee, having regard to the need for compliance with any relevant requirements of the Financial Memorandum with the Higher Education Funding Council for England as to the Chairmanship of the Audit Committee.
Nominations.

10. The Nominating Committee shall submit a recommended name to the Council for each vacancy, together with a statement by the person so recommended that he or she consents to nomination and consents to serve, if appointed by Grace, for the period and in the role concerned.