Statutes and Ordinances of the University of Cambridge
SPECIAL ORDINANCES UNDER STATUTE D
pp. 98–99
DISCIPLINE AND THE UNIVERSITY COURTS

SPECIAL ORDINANCE D (v):
Precautionary Action (Special Ordinance under Statute D I)

Grace 3 of 22 February 2017

1. The Academic Secretary shall have power to impose any precautionary measures set out in Section 2 below on any person pursuing a course of study leading to the award of a degree, diploma, or certificate of the University if the Academic Secretary considers that any such measures are necessary:

  1. (a)to ensure that a full and proper investigation can be carried out in relation to any matter (either under a procedure in the University or by the police); and/or
  1. (b)to protect any person while any matter is being dealt with under a procedure in the University or as part of a criminal process.

Subject to Sections 5 and 6 below, the Academic Secretary may impose precautionary measures under this section in relation to any matter for an initial specified period up to 21 days and thereafter for successive specified periods of up to two months.

2. The precautionary measures which the Academic Secretary may impose under Section 1 above are any one or more of the following measures:

  1. (a)excluding the person from some or all of the University’s facilities and/or premises;
  1. (b)imposing conditions on the person (i) in connection with that person’s use of the University’s facilities and/or premises or that person’s contact with other persons or (ii) in such other ways as may be considered necessary; and
  1. (c)suspending the person in question either in full or in part from her or his studies.

3. The power under Section 1 may be exercised by a deputy appointed in writing by the Academic Secretary but shall be reported to the Academic Secretary within 24 hours of its exercise. Where the Academic Secretary has appointed a deputy under this Special Ordinance, any reference to the Academic Secretary in this Special Ordinance shall be construed as referring to that appointed deputy.

4. As soon as practicable after the Academic Secretary has decided to impose precautionary measures on any person, the Academic Secretary shall notify that person in writing as to the precautionary measures which have been imposed and the grounds for imposing them, making clear at the same time that such measures do not constitute any penalty or sanction or imply any finding of wrongdoing. Except where the Academic Secretary provides otherwise, precautionary measures shall take immediate effect as soon as they are communicated to the person on whom they are imposed.

5. Before deciding whether or not to impose (or re-impose) any precautionary measures on any person under this Special Ordinance, the Academic Secretary shall give that person a reasonable opportunity to submit written representations, except that the Academic Secretary shall not be obliged to provide such an opportunity where it is not possible or appropriate to do so due to the urgent or sensitive nature of the matter; where a person on whom precautionary measures are imposed has not been given an opportunity to submit representations before the decision to impose the precautionary measures was taken, the notification under Section 4 shall include a statement informing that person that she or he may request the Academic Secretary to review her or his decision by submitting written representations to the Academic Secretary within three days of receiving the notification. On receipt of any request for a review under this section, the Academic Secretary will review her or his decision to impose precautionary measures and will notify the person seeking the review as to the outcome of the review within three days. Whenever the Academic Secretary gives a person the opportunity to submit written representations under this section, the Academic Secretary shall warn that person that the University may be required to provide as evidence in any subsequent criminal investigation or proceedings in a court of law information regarding the matter, including any admission made in representations regarding the precautionary measures, and that any such admission may also be used as evidence in University disciplinary proceedings.

6. On the expiry of an initial, or any subsequent, period for which precautionary measures have been imposed, or if the Academic Secretary receives evidence of failure to comply with the terms of the precautionary measures, the Academic Secretary will review the position to determine whether or not the precautionary measures should be re-imposed for a further period and/or whether their terms should be revised, and the person who has been subject to the precautionary measures in question will be entitled to submit written representations and to be duly notified in accordance with Sections 4 and 5. In addition, a person on whom precautionary measures are imposed under this Special Ordinance shall at any stage have the right to request a review of the decision to impose such measures if there is a material change in the circumstances of the case. Such a request should be made in writing to the Academic Secretary, who will notify the person seeking the review as to the outcome of the review within five days of receiving the request for review.

7. The Academic Secretary may, at the request of the student, allow a term of residence, put the student in standing for the purposes of examination, or agree such other academic arrangement as he or she may think fit.

8. Any person on whom precautionary measures are imposed under this Special Ordinance may appeal any decision of the Academic Secretary or her or his deputy under this Special Ordinance to the Pro-Vice-Chancellor with responsibility for student matters, providing that all rights under this Special Ordinance to request the Academic Secretary to review her or his decision have first been exhausted. An appeal under this section may be initiated by sending to the Pro-Vice-Chancellor written grounds of appeal within five days of the date when the decision which is the subject of the appeal was notified to the appellant. The Pro-Vice-Chancellor shall issue a decision within five days of receiving the written grounds of appeal. The Pro-Vice-Chancellor shall have power to confirm, quash, or amend the original decision of the Academic Secretary or to refer it back to the Academic Secretary for further consideration. The Pro-Vice-Chancellor with responsibility for student matters may appoint another Pro-Vice-Chancellor to conduct an appeal initiated under this section on her or his behalf.

9. Any precautionary measures imposed under this Special Ordinance shall be reported to the College of the person on whom they have been imposed, and to the Council and the General Board, at the earliest opportunity.