Statutes and Ordinances of the University of Cambridge
SPECIAL ORDINANCES UNDER STATUTE D
pp. 94–96
DISCIPLINE AND THE UNIVERSITY COURTS

SPECIAL ORDINANCE D (ii):
University Disciplinary Panels and Appeal Bodies
(Special Ordinance under Statute D II 10)

Amended by Grace 4 of 4 July 2018

1. There shall be a University disciplinary panel, called the Discipline Committee, which shall consist of a Chair, 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] 〈registered students〉2.

2. As an appeal panel, the Discipline Committee shall hear appeals from findings of any disciplinary panel established under the provisions of Section 9 of this Special Ordinance and shall have power to quash the finding. The decision of the Discipline Committee on an appeal shall be final.

3. As a body hearing a case at first instance the Discipline Committee shall, subject to the provisions of this Special Ordinance, adjudicate when any [person in statu pupillari] 〈registered student〉2 and any person resident in the University with a view to matriculation is charged with a breach of the general regulations for discipline or other offence against the discipline of the University. The Discipline Committee shall also adjudicate 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 or has been admitted to a course of study open to non-members of the University is charged only with breaches of the general regulations for discipline or other offences which are alleged to have been committed during the period in which that person was pursuing a course of study leading to the award of a degree, diploma, or certificate of the University.

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

  1. (a)deprivation or suspension of membership of the University;
  2. (b)deprivation or suspension of degree, or postponement of, or disqualification from, admission to degree;
  3. (c)deprivation or suspension of the status of Bachelor of Arts;
  4. (d)rustication which is exclusion from residence in the Precincts of the University;
  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 Discipline Committee to be lighter;

or may, notwithstanding that a person charged has been found to have committed a breach of the general regulations for discipline or other offence against the discipline of the University, resolve not to impose any penalty; 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.

4. The Registrary or a deputy appointed by the Registrary shall be Secretary of the University disciplinary panels.

5. Notice of a meeting of a University disciplinary panel shall be given to the Head of the College of which the person charged or making an appeal is a member.

6. The Discipline Committee and a panel of summary jurisdiction established under Section 9 below shall have power to make rules of procedure except in so far as such rules may have been determined by Statute or 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 Chair, whose decision shall, for the case which is being heard, be final.

7. The Septemviri shall hear appeals by persons charged before the Discipline Committee from findings or the penalties imposed by that Committee and shall have power to quash a finding or to vary a penalty to any penalty within the limits of the power of the Discipline Committee.

8. The method and period of appointment of the members of the Discipline Committee shall be determined by Ordinance; provided that

  1. (i)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 Committee;
  2. (ii)a member of the Committee who becomes a member of the Council shall nevertheless remain a member of the Committee 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 Committee shall constitute a sufficient cause for absence from meetings of the Council.

Three members of the Committee shall constitute a quorum and every finding or penalty shall require the concurrence of the votes of a majority of the members present. If any member of the Committee 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.

9. The University may by Ordinance establish a panel of summary jurisdiction (‘the Discipline Board’) and make provision whereby, notwithstanding the provisions of Section 3 of this Special Ordinance, such panel may adjudicate on a case at first instance when any person is charged with a breach of the general regulations for discipline or other offence against the discipline of the University who comes within the jurisdiction of the Discipline Committee. Such a panel may award the following penalties either singly or in combination:

  1. (a)a fine not exceeding such sum as shall be determined by Ordinance;
  2. (b)any 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 panel to be lighter;

or may, notwithstanding that a person has been found to have breached the general regulations for discipline or committed another offence against the discipline of the University, resolve not to impose any penalty. Any person against whom a penalty is imposed by a panel established under this section may, if he or she obtains leave either from the Chair of the panel or from the Chair of the Discipline Committee, appeal in accordance with a procedure determined by Ordinance to the Discipline Committee from the finding of the panel but no person shall be given leave to appeal against the penalty imposed. The composition of such a panel, its method of appointment and rules of procedure, and the procedure for the initiation of proceedings before the panel shall be determined by Ordinance. A panel established under this section shall have such functions and powers as an appeal panel as may be determined by Ordinance.

10. The Discipline Board is to consist of a legally qualified member of the University as Chair, one member of the Regent House, and one [member in statu pupillari] 〈registered student〉2. Provision for the appointment of the Chair and members shall be made by Ordinance.

11. If 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 proceedings before a University disciplinary panel, the proceedings of that panel may, at the discretion of the Chair of the panel, be stayed until the court proceedings in respect of that act or conduct have concluded, whether by conviction, acquittal or discontinuance of proceedings, or the Chair of the panel is satisfied that the person is not likely to be prosecuted.

12. If a complaint has been made under a student complaints procedure approved by the General Board by a person in respect of an act or conduct which is also the subject of proceedings before a University disciplinary panel against that same person, the proceedings of that panel may, at the discretion of the Chair of the panel, be stayed to allow for the conclusion of that complaint procedure and, if applicable, to allow for the conclusion of the consideration of an associated complaint made to the Office of the Independent Adjudicator.1 A stay imposed under this provision may be extended or lifted at any time by the Chair of the panel at her or his discretion.

Footnotes

  1. 1. See the Student Complaint Procedure, p. 209, and the OIA’s website: http://www.oiahe.org.uk/.a
  2. 2. The text in angular brackets will replace the text in square brackets subject to the approval by Her Majesty in Council of the amendments of Statute approved by Grace 4 of 4 July 2018.a b c