Statutes and Ordinances of the University of Cambridge
Statute B
MATRICULATION, RESIDENCE, DEGREES, DISCIPLINE

Chapter VI

DISCIPLINE AND THE UNIVERSITY COURTS

1. For the due maintenance of good order and discipline within the University, the University shall from time to time prescribe such regulations as may be thought expedient in regard to the wearing of academical dress, the rendering of assistance and obedience to all persons in authority in the University, the definition and determination of offences and penalties, and the purposes to which pecuniary penalties and fines shall be applied.

2. There shall be a court called the University Tribunal, constituted in accordance with Statute U, III, 5, and a court called the Septemviri, constituted in accordance with Statute U, V, 3. These courts shall have no jurisdiction over the Chancellor, the High Steward, the Deputy High Steward, or the Commissary.

3. The University Tribunal shall adjudicate, in accordance with the provisions of this Statute, when a University officer, a member of the Senate, or a person not in statu pupillari who holds either a degree or the title of a degree is charged with an offence against the discipline of the University, or with grave misconduct; provided that, in the case of a charge against a person to whom Statute U does not apply, the University Advocate shall have determined under section 28 of this Chapter that the charge shall be the subject of proceedings before the Tribunal. All proceedings before the Tribunal shall be subject to the provisions of Statute U, III, 10–14.

4. The University Tribunal may impose any of the following sentences either singly or in combination:

  1. (a)deprivation or suspension of membership of the University;
  2. (b)deprivation or suspension of degree or title of degree, or postponement of, or disqualification from, admission to degree;
  3. (c)deprivation or suspension of the status of Master of Arts;
  4. (d)a fine;
  5. (e)an order to pay compensation;
  6. (f)deprivation or suspension of the right to use University premises or facilities;
  7. (g)any sentence considered by the Tribunal to be lighter;

or may, notwithstanding that a person charged has been found to have committed an offence, resolve not to impose any sentence; provided that any person who is deprived of membership of the University or whose membership of the University is suspended shall thereby suffer deprivation or suspension of degrees and titles of degrees during the continuance of such deprivation or suspension.

5. Any person sentenced by the University Tribunal may appeal to the Septemviri within twenty-eight days after notice of the Tribunal's decision. Such an appeal shall be subject to the provisions of Statute U, V, 4–9.

6. The Septemviri shall act as a court of appeal and

  1. (a)shall hear appeals by persons to whom Statute U applies, in accordance with the provisions of Statute U, V;
  2. (b)shall hear appeals by other persons charged before the University Tribunal from findings or sentences of the Tribunal, and shall have power to quash a finding or to vary a sentence to any sentence within the limits of the power of the Tribunal;
  3. (c)shall hear appeals by persons charged before the Court of Discipline from findings or sentences of that court and shall have power to quash a finding or to vary a sentence to any sentence within the limits of the power of the Court of Discipline.

Notice of a meeting to hear an appeal from the Court of Discipline shall be given to the Head of the College of which the person making the appeal is a member.

7. Subject to the provisions of Statute U, the University Tribunal and the Septemviri shall have power to make rules of procedure except in so far as such rules may have been determined by Ordinance; provided that, if any question of law or of interpretation or application of any of the rules of procedure arises during the course of a hearing, or if a question of procedure arises which cannot be resolved by reference to those rules, the matter shall be decided by the Chairman, whose decision shall, for the case which is being heard, be final.

8. Every finding or sentence of the University Tribunal and every determination of an appeal by the Septemviri shall require the concurrence of a majority of the members present.

9. There shall be a court, called the Court of Discipline, which shall consist of a Chairman, who shall be legally qualified or shall have had experience of acting in a judicial capacity, and four members of the University, not more than two of whom may be persons in statu pupillari. The method and period of appointment of the members of the Court shall be determined by Ordinance; provided that

  1. (a)no member of the Council or of the Septemviri and no person who has been elected or appointed but not yet become a member of either of those bodies shall be a member of the Court;
  2. (b)a member of the Court who becomes a member of the Council shall nevertheless remain a member of the Court until the conclusion of the proceedings for which he or she has been appointed but shall not attend a meeting or receive papers for a meeting of the Council, and such continued membership of the Court shall constitute a sufficient cause for absence from meetings of the Council.

Three members of the Court shall constitute a quorum and every finding or sentence shall require the concurrence of the votes of a majority of the members present. If any member of the Court is unable or unwilling to act in connection with a particular charge or appeal, he or she shall be replaced by an alternate who shall be appointed in a manner prescribed by Ordinance.

10. As a court of appeal, the Court of Discipline shall hear appeals from findings of any court established under the provisions of section 17 of this Chapter and shall have power to quash the finding. The decision of the Court on an appeal shall be final.

11. As a court of first instance the Court of Discipline shall, subject to the provisions of this Statute, adjudicate when any person in statu pupillari is charged with an offence against the discipline of the University; provided that the University Advocate has determined under section 28 of this Chapter that the alleged offence shall be the subject of proceedings before the Court.

The procedure for the initiation of proceedings before the Court shall be prescribed by Ordinance. The Court may impose the following sentences, either singly or in combination:

  1. (a)deprivation or suspension of membership of the University, or, in the case of a person in statu pupillari who has not matriculated, exclusion from matriculation, either permanently or for such period as the Court shall decide,
  2. (b)deprivation or suspension of degree, or postponement of, or disqualification from, admission to degree,
  3. (c)rustication,
  4. (d)a fine,
  5. (e)an order to pay compensation,
  6. (f)deprivation or suspension of the right to use University premises or facilities,
  7. (g)any sentence considered by them to be lighter,

or may, notwithstanding that a person charged has been found to have committed an offence, resolve not to impose any sentence; provided that any person who is deprived of membership of the University or whose membership of the University is suspended shall thereby suffer deprivation or suspension of all degrees during the continuance of such deprivation or suspension.

12. (a) A person sentenced by the Court of Discipline to deprivation or suspension of membership of the University, to deprivation or suspension of degree, or to rustication, may appeal to the Septemviri.

(b) A person on whom the Court of Discipline has imposed some other sentence may appeal to the Septemviri if he or she obtains leave either from the Chairman of the Court or from the Chairman of the Septemviri.

(c) An appeal under this section shall be instituted within twenty-eight days after the decision of the Court.

13. The Registrary or a deputy appointed by the Registrary shall be Clerk of the Court of Discipline.

14. Notice of a meeting of the Court of Discipline shall be given to the Head of the College of which the person charged or making an appeal is a member.

15. The Court of Discipline shall have power to make rules of procedure except in so far as such rules may have been determined by Ordinance; provided that, if any question of law or interpretation or application of any of the rules of procedure arises during the course of a hearing, or if a question of procedure arises which cannot be resolved by reference to those rules, the matter shall be decided by the Chairman, whose decision shall, for the case which is being heard, be final.

16. If a charge of misconduct in an examination has been brought against any person before the Court of Discipline and if such person's qualification for the award of a degree, diploma, or certificate is or includes success in that examination, he or she shall not be admitted to the degree, or receive the diploma or certificate, until the charge has been finally disposed of in accordance with the provisions of this Statute, notwithstanding that he or she may have done all that is required by Statute or Ordinance for the award of the degree, diploma, or certificate. If the Court finds that a person so charged has committed an offence, it may advise the Vice-Chancellor to issue a notice amending the class-list for the examination, or to issue an amended list superseding the original list; and, if no appeal is made to the Septemviri under the provisions of section 12 of this Chapter, the Vice-Chancellor shall act in accordance with the advice of the Court or, if an appeal is made to the Septemviri, in accordance with the decision of that court.

17. The University may by Ordinance establish a court of summary jurisdiction and make provision whereby, notwithstanding the provisions of section 11 of this Chapter, such court as a court of first instance may adjudicate when any person is charged with an offence against the discipline of the University who comes within the jurisdiction of the Court of Discipline; provided that the University Advocate shall have determined under section 28 of this Chapter that the alleged offence concerned shall be the subject of proceedings before the court. Such a court may award the following sentences either singly or in combination:

  1. (a)a fine not exceeding such sum as shall be determined by Ordinance,
  2. (b)an order to pay compensation not exceeding such sum as shall be determined by Ordinance,
  3. (c)deprivation or suspension of the right to use University premises or facilities,
  4. (d)any sentence considered by the court to be lighter,

or may, notwithstanding that a person has been found to have committed an offence or such an act, resolve not to impose any sentence. Any person sentenced by a court established under this section may, if he or she obtains leave either from the Chairman of the court or from the Chairman of the Court of Discipline, appeal in accordance with a procedure determined by Ordinance to the Court of Discipline from the finding of the court but no person shall be given leave to appeal against sentence. The composition of such a court, its method of appointment and rules of procedure, and the procedure for the initiation of proceedings before the court shall be determined by Ordinance. A court established under this section shall have such functions and powers as a court of appeal as may be determined by Ordinance.

18. Subject to the provisions of section 19 of this Chapter, any person whose case is being heard or adjudicated upon by any of the aforesaid courts

  1. (a)shall be given a reasonable opportunity of being heard by such court; and
  2. (b)shall have the right to call witnesses and to question witnesses upon whose evidence the case against him or her is based; provided that in the case of an appeal neither party to the case shall recall witnesses examined at first instance or introduce additional evidence except with the leave of the Chairman of the court, which shall be given only if the Chairman is satisfied that to do so is necessary or expedient in the interests of justice.

19. Notwithstanding the provisions of section 18 of this Chapter, any court established under section 17 may conduct the whole or part of its proceedings on the basis of written statements submitted by the parties and any other of the aforesaid courts may, if or to the extent that it appears to the Chairman to be impracticable to conduct an oral hearing, proceed likewise.

20. If any person in statu pupillari intentionally or recklessly disrupts or impedes the proceedings of any of the aforesaid courts, the Chairman of the court shall have power, either singly or in combination:

  1. (a)to impose a fine not exceeding such sum as shall be determined from time to time by Ordinance,
  2. (b)to exclude such person from the court,
  3. (c)to rusticate such person for a period not longer than the duration of the proceedings before the court,

and the decision of the Chairman shall be final; provided that a person rusticated under this section may, through his or her Tutor, apply to the Chairman who imposed the sentence for a review of the sentence on grounds of undue hardship and the Chairman shall have power to revoke or vary the sentence. An order of rustication shall take effect notwithstanding that such an application may have been made.

21. Subject to any limitations that may be imposed by Ordinance, the fact that any person has been or is liable to be prosecuted in a court of law in respect of an act or conduct which is the subject of the proceedings before them shall not affect the jurisdiction and powers of the aforesaid courts under this Statute.

22. Evidence that a person has been convicted of an offence by or before any court of law, or that any court of law has found proved an offence with which a person was charged, shall, for the purpose of proving that he or she committed the offence or was guilty of any act or conduct in respect of which he or she was so charged or convicted, be admissible in any proceedings before any court established by or under this Statute.

23. Any notice required by this Statute, or by Ordinance or regulation made thereunder, to be sent to any person may be sent to the address supplied to the Registrary by that person's College as his or her usual or last known address.

24. If the time for which any member of one of the aforesaid courts has been appointed expires after a charge or appeal has been brought before the court but before it has been disposed of, such member shall (and his or her successor shall not) be a member of the court for the purpose of hearing and determining that charge or appeal.

25. If, after a charge or appeal has been brought before any of the aforesaid courts but before it has been disposed of, one or more members of the court become unable or unwilling to act, the remaining members of the court may continue the hearing and determine the case notwithstanding that they do not constitute a quorum for that court.

26. Any person whose case is adjudicated upon by the Court of Discipline shall be given a reasoned decision in writing.

27. Any person who is deprived of membership of the University or whose membership of the University is suspended shall not, during the continuance of such deprivation or suspension, be eligible to be admitted to any degree, or to receive any diploma or certificate, or to be a candidate for any examination; and any person upon whom a sentence other than deprivation or suspension of membership of the University is imposed under any of the provisions of this Statute and who fails to comply with such sentence shall not be eligible to be admitted to any degree, or to receive any diploma or certificate, or, except with the consent of the Council, to be a candidate for any examination.

28. Every complaint against a person who comes within the jurisdiction of the University Tribunal or the Court of Discipline (other than a complaint against a University officer under Statute U) which requests that a matter be made the subject of proceedings before either of those courts shall be considered by the University Advocate, provided that only a member of the Regent House shall be entitled to make a complaint alleging that a person who comes within the jurisdiction of the University Tribunal has committed grave misconduct, and that only a member or an employee of the University shall be entitled to make a complaint alleging that a person who comes within the jurisdiction of either of those courts has committed an offence under the general regulations for discipline. It shall be the duty of the Advocate to determine whether the person against whom the complaint is made shall be charged and if so before which court; provided that the Advocate shall reject any complaint

  1. (a)if it does not specify the name, and College (if any), of the person against whom it is made;
  2. or(b)if in the Advocate's opinion the evidence presented is not sufficient to enable him or her to decide whether the person should be so charged;
  3. or(c)if in the Advocate's opinion a complaint is vexatious, frivolous, or trivial;
  4. or(d)if in the Advocate's opinion a complaint of grave misconduct is not of sufficiently direct concern to the University to justify its being brought before the University Tribunal.

No proceedings shall be initiated before any of the University courts established by or under this Statute, other than proceedings under the provisions of Statute U, unless the Advocate has so determined in accordance with this section and with any Ordinance made under this Statute.