Statutes and Ordinances of the University of Cambridge
CHAPTER II
MATRICULATION, RESIDENCE, ADMISSION TO DEGREES, DISCIPLINE

In this section

COURT OF DISCIPLINE

Appointment of members of the Court of Discipline

Composition of Court.

1. Any person against whom the University Advocate has determined that a charge shall be brought before the Court of Discipline shall be entitled, subject to the provisions of Regulations 8 and 9, to choose whether, for those proceedings, the Court shall consist, in addition to the Chairman, of two members of the Regent House and two persons in statu pupillari or of four members of the Regent House; provided that if, within seven days after notice of the charge, such person fails to notify his or her choice to the Clerk of the Court, the Court shall, subject to the provisions of Regulations 8 and 9, consist of the Chairman, two members of the Regent House, and two persons in statu pupillari.

Panels.

2. The Council shall maintain a panel, hereinafter referred to as panel (a), of persons who are eligible under Statute B, VI, 9 to serve as Chairman of the Court of Discipline and who are willing to do so, and shall appoint in the Michaelmas Term in each year such number of persons as the Council may think fit, to serve as members of the panel for one year from 1 January following their appointment. No member of the Council shall be a member of panel (a).

3. The Council shall maintain a panel, hereinafter referred to as panel (b), of members of the Regent House who are prepared to serve as members of the Court of Discipline and the Summary Court, and shall appoint ten persons to the panel in the Michaelmas Term of each year, to serve for one year from 1 January following their appointment. No member of the Council or of the Septemviri shall be a member of panel (b).

4. The Council shall invite the Junior Combination Room Committee of each College, or if in any College there is no such Committee such other body as in the Council's opinion is the nearest equivalent to a Junior Combination Room Committee, to nominate, not later than the division of the Michaelmas Term in each year, one eligible member of the College for appointment by the Council to a panel, hereinafter referred to as panel (c), of members of the University in statu pupillari to serve as members of the Court of Discipline and the Summary Court. An eligible member of the College shall be a member of the College in statu pupillari who is willing to serve on panel (c) and who is keeping terms by residence or, having kept the number of terms required, is pursuing a course of study or research in the University. Not later than the last day of the Michaelmas Term in each year the Council shall announce the names of the persons whom they have appointed members of panel (c). The persons appointed shall serve for one year from 1 January following their appointment; provided that if a member ceases to be an eligible member of a College as defined in this regulation, he or she shall cease to be a member of panel (c).

Chairman.

5. The Vice-Chancellor shall not later than 31 December in each year appoint a member of panel (a) to serve as Chairman for one year from 1 January next following and shall seek to appoint as Chairman a member of the panel who is not a member of the Regent House. If the Chairman is unable or unwilling to act as Chairman for a particular case, the Vice-Chancellor shall appoint another member of panel (a) to act as Chairman for that case.

Appointment of the Court.

6. The Clerk of the Court shall, on the instructions of the Chairman for the particular case, send written notice to all members of panel (b) and, when appropriate, of panel (c), informing them of the date, time, and place at which the Court is to assemble, and requiring them to indicate, not later than 5 p.m. on the fourth day after the day on which the notice is despatched, whether they are able and willing to serve. The Chairman shall then appoint the other members of the Court in accordance with the provisions of Regulation 1 by causing lots to be drawn from among those members of panel (b) and, when appropriate, of panel (c) who have informed the Clerk of the Court that they are able and willing to serve; and the Clerk of the Court shall thereupon inform the persons appointed of the charge or charges to be heard and the name and College of the person charged. The Chairman shall in like manner appoint three reserve members of the Court from panel (b) and, when appropriate, three from panel (c) who shall be required to attend the Court at the commencement of the proceedings so that lots may be drawn from among them if it becomes necessary to replace any member or members of the Court who have failed to attend or who have otherwise become unable or unwilling to serve or against whose membership the Chairman has under Regulation 7 allowed an objection. No member of the Court shall be replaced after the commencement of the proceedings.

7. A person charged before the Court shall be entitled to object for good cause to any member appointed to serve on the Court for those proceedings. The Chairman alone shall rule on any such objection and his or her decision shall be final.

8. If at the commencement of the hearing the Chairman is unable under the provisions of Regulation 6 to appoint the appropriate number of members of the Court from panel (b) or panel (c), he or she shall appoint such number of members from the appropriate panel as may be needed to fill the vacant place or places; provided that, if in the Chairman's judgement the appointment of a member or members from panel (c) cannot be achieved without undue delay, the Chairman shall be empowered to appoint a member or members from panel (b) to fill the vacant place or places.

9. If on any occasion there are insufficient members of panel (b) or panel (c) who are able and willing to serve as members of the Court, the Vice-Chancellor shall appoint the appropriate number of members of the Regent House to fill the vacant places on the Court.

Rules of Procedure

Summons.

1. The Clerk of the Court shall send to any person charged before the Court written notice of (a) the complaint against him or her, and (b) the date, time, and place to attend the Court, and shall draw attention to the provisions of the regulations for the appointment of members of the Court whereby the person charged is entitled to choose the composition of the Court. Copies of such notice shall be sent to the complainant and to the Head of the College of the person charged.

Admission to hearing.

2. The Court may sit either in public or in camera at the discretion of the Chairman except that, when the defendant requests that it shall sit in camera, the Chairman shall normally so decide. If the Court sits in camera, the following shall be entitled to be present: the defendant, the defendant's Tutor (or a deputy appointed by the Tutor), the Head of the defendant's College (or a deputy appointed by the Head), the University Advocate, the complainant, and any person appointed to represent the defendant, the complainant, or the University Advocate.

Conduct of hearing.

3. Whether the Court sits in public or in camera, it may proceed in the absence of any of the persons entitled to be present and, notwithstanding Regulation 2, the Chairman shall have power to exclude any person if in the opinion of the Chairman such exclusion is necessary for the maintenance of order.

4. The Chairman shall not impose under Statute B, VI, 20 any fine exceeding £175.

Burden of proof.

5. The Court shall not find a charge proved unless it is satisfied that the charge has been proved beyond reasonable doubt.

Sentence to have immediate effect.

6. Any sentence imposed by the Court shall have immediate effect; provided that the Chairman of the Court and the Chairman of the Septemviri shall each have power to suspend a sentence until the conclusion of the proceedings by the Septemviri of any appeal against a decision of the Court.

Appeal.

7. Any person who appeals to the Court of Discipline shall notify the Registrary in writing. Such notice shall specify the grounds of the appeal and shall state whether the appeal is in respect of the whole or in respect of any specified part of the finding of the Summary Court. Except with the leave of the Court of Discipline, the appellant shall not be entitled in the proceedings of an appeal to rely on any grounds of appeal not specified in the notice of appeal.