Ordinances of Murray Edwards College
Council Minute 84/182
NOTES: The Governing Body shall consist of the President and all the Fellows of the College other than Emeritus Fellows or Honorary Fellows. It does not include Bye-Fellows or Foundation Fellows who are special classes of members of the College.
The Governing Body shall meet regularly in accordance with the Statutes of the College. Its primary role shall be (a) to determine broad issues of College policy and (b) to be the repository of residual powers and final authority in matters of government of the College1.
Statute III sets out provisions regarding meetings of the Governing Body and these Rules are ancillary to those provisions.
The Statutes do not require resolutions on all matters but where Governing Body wish for matters of substance to be put forward for resolution, they shall be done so in accordance with Statute III.8(i).
For each meeting of the Governing Body, the President shall cause an Agenda to be circulated to all Fellows, together with such briefing papers as are required to elucidate the agenda items. Such Agenda shall include an item headed ‘Matters arising out of Council Minutes’. Any member of the Governing Body shall be entitled to raise under this heading matters of policy arising out of the Minutes of the meeting or meetings of Council held since the last meeting of the Governing Body. Where possible, advance notice should be given to the President of matters of substance intended to be raised.
Full minutes shall be made of each meeting of the Governing Body and shall be distributed to all members of the Governing Body. The President shall cause a Minute Book to be kept, together with copies of all briefing papers, in accordance with (a) Data Protection legislation or (b) any undertakings agreed with third parties. Minutes shall be formally approved and signed by the President, Vice-President or presiding Fellow (as appropriate) at the next following meeting of the Governing Body.
Meetings shall last no more than two hours, except that the Governing Body may vote to extend a meeting by a simple majority vote. If appropriate, the meeting may be adjourned.
Statutes III & IV
Council Minutes 73/52, 87/117, 94/122, 97/91, 11/67
Elections to the Council of members of the Governing Body shall be held annually in the second half of the Easter Term.
Members shall be elected to hold office for three years from the first day of October following the election. Retiring members of the Council who have served three years shall not be eligible for re-election. Members retiring from casual vacancies shall be eligible for re-election although no member may serve more than three years at a time.
Council members taking Sabbatical Leave in the forthcoming academic year for more than one term shall retire with effect from the first of October, but shall be eligible to stand at the election held in the following Easter Term.
Any member of the Governing Body, not being a continuing or retiring member of the Council, who does not wish to stand for election shall notify the President at least three clear days before the election stating their reasons, and these names shall be circulated to Governing Body two days before the election. Members of the Governing Body shall not normally be allowed to exempt themselves for more than 2 consecutive years.
The procedure for the election shall be that prescribed in the Ordinance on Single Transferable Vote Regulations of the University of Cambridge for the time being, except as otherwise stipulated below.
The Bursar shall be the Returning Officer and she or he shall arrange for a ballot box to be available in the Bursary for not less than five hours on the day of the election.
Where a member of the Governing Body wishes to vote by proxy, he or she shall provide another member of the Governing Body with a written authorisation to vote on his or her behalf, to be presented to the Returning Officer. Alternatively, email votes can be sent to the College Administrator, who will anonymise them for presentation to the Returning Officer.
Council may appoint up to two members of Governing Body as Tellers to assist the Returning Officer in the performance of his or her duties.
Where the University Regulations call for the use of lots, the Returning Officer shall make use instead of an ordering established at the outset of counting. The basis for this shall be the number of first preference votes for each candidate, with equality of these being resolved according to the number of second preference votes, equality between these being resolved according to the number of third preference votes, and so on. The relative order of candidates with equal numbers of votes at all levels shall be determined by lot.
The Returning Officer shall circulate the result of the election to Governing Body not later than 12.00pm on the day after the ballot.
When a casual vacancy on Council is filled at the same election as for regular vacancies, the Fellow credited with a higher number of votes at any stage of the count shall be deemed to be elected at an earlier stage and allocated to a vacancy accordingly.
Statutes III & IV
Council Minutes 73/52, 87/117
When a casual vacancy occurs, the President shall circulate a notice to all members of the Governing Body indicating a date for an election, agreed by Council, to fill the vacancy.
The procedure for an election to a casual vacancy shall be in all respects the same as for annual Council elections.
A casual vacancy shall, inter alia, be deemed to have occurred whenever a member of the Council resigns or takes sabbatical leave lasting more than one term.
Council Minutes 72/67, 81/22
Members of Council being resident members of the College in statu pupillari shall be the President for the time being of the Murray Edwards College Student Union and the President for the time being of the Murray Edwards College MCR elected according to their constitutions, and shall hold office from the time of their election. Each member in statu pupillari shall appoint another member to act as an alternate.
In the event of a casual vacancy of a member in statu pupillari from the College Council, a by-election shall be held in accordance with the constitutions of the Murray Edwards College Student Union and the Murray Edwards College MCR.
Council minute 14/140, 16/143
The individual holding the post of Director of Development for the time being, if not otherwise elected to the Council as a member of the Governing Body, shall be an observer with rights of audience at all meetings of the Council.
The individual holding the post of Admissions Tutor, if not otherwise elected to the Council as a member of the Governing Body, shall be entitled to attend meetings of the Council, for matters concerning Admissions, as an observer with rights of audience.
Council minute 14/66i, 22/121
Two staff members shall be elected by the staff of the college, who are not also fellows of the college, from staff of the college, who are not also Fellows of the college, to act as Staff Observers on the Council for a period of up to three years each. One of these Staff Observers will also act as Chair of the Staff Council.
A Staff Observer shall:
Receive all papers related to and attend discussion of all items of unreserved business of the Council;
Be invited to comment on any items of unreserved business of the Council;
In so doing, seek to represent to the Council the views of all College staff, and not those of any individual department;
Regularly inform other staff members of the unreserved business of the Council and its associated decisions as appropriate; and
Immediately cease to be Staff Observer or enjoy any of the rights or be subject to any of the obligations arising under this clause upon: resignation from or other termination of employment with the college; or in the event of absence through sickness or otherwise for a period of more than three months.
Staff Observers shall not:
Be voting members of the Council, such that it is intended that they will not be charity trustees for the purposes of the Charities Act 1993;
Receive papers related to or attend discussion of items of reserved business of the Council, although the topics of such business may be made available to them.
Temporary provision. Subsequent to the first election of Staff Observers one of the Staff Observers may be invited to continue for a fourth year.
Council Minute 72/92
A book containing a record of sealings shall be kept by the Bursar. The book shall be available for inspection by any member of Governing Body.
The Common Seal shall not be affixed to any writing or document which shall not previously have received the assent of the Council except for the following classes of document for which the authority of the Council has been given in advance:
for the purchase and disposal of land and real property which has been approved by the Council;
for the sales and purchases of stocks and shares which the Bursar has authority to undertake or which the Finance Committee has expressly or by delegated authority approved;
for standard forms of agreement and deeds of assignment with the University Superannuation Scheme and Cambridge Colleges’ Federated Pension Scheme, where the need arises out of Council approvals;
for the transfer to the College of shares comprising a gift of which the acceptance has been approved by the Council.
Statute IV.3 (iv)
Council Minutes 79/91, 82/138, 82/162, 84/133, 96/8, 96/154, 05/73, 05/135, 05/158, 06/171, PC07/2, 10/171, 16/143, 17/139
There shall be Strategic Committees and they shall have Standing Committees reporting to them as detailed in the Schedule to be issued annually.
To ensure the good and efficient administration of the College’s affairs, annually at a meeting in the Easter Term, the Council shall review the requirement to appoint, alter or disband committees and to delegate, alter or revoke powers to be exercised by them.
The membership of Committees set up by the Council shall be detailed in a schedule to be issued by Council annually. Fellows or College Officers shall be appointed by the Council at a meeting in the Easter Term, normally to serve for three years from the following October. Casual vacancies may be filled at the discretion of the Council for the remainder of the term of office of the members being replaced.
Representatives of the Murray Edwards College MCR (the MCR) shall be elected by the MCR to hold office from the date of their election. Representatives of the Murray Edwards College Student Union (MECSU) shall be members of committees ex officio by virtue of the nature of the office they hold in MECSU and shall become members of the relevant committees from the date of their election.
The Council shall appoint a committee to be called the Remuneration Committee.
The purpose of the Remuneration Committee shall be to ensure that any private benefits to be provided to members of Council are of a type and level that is compatible with the College’s charitable status and satisfy the public benefit requirements.
The Remuneration Committee shall consider all benefits to which members of the Council are entitled under the Statutes or Ordinances.
The membership of the Remuneration Committee shall include a majority of members who do not receive such benefits or remuneration as are being considered and the Remuneration Committee shall not be quorate without such a majority.
The Council shall be bound to accept the recommendations of the Remuneration Committee on the level of benefits or it may approve a lower level but not a higher level and its decisions shall always have regard to the financial state of the College.
Governing Body 22nd April 2014, minute 3.3
In the event of incapacity of the President for reasons of absence or illness, or during a period of vacancy, the Vice-President will immediately call a meeting of electors to begin the process of electing an Acting President. This process should take place if the period of absence is expected to, at the outset, to be more than one month, or, if it becomes clear after a short period that the President will be unavailable for longer than one month.
Any existing role description or person specification will be reviewed and amended by the Governing Body, if necessary.
All member of the Governing Body or Fellows Emeriti will be eligible for election.
A small panel will be immediately established, chaired by the Vice-President (or, if the Vice-President is standing for election, then the most senior Fellow). The panel will accept nominations from Governing Body (each seconded), will meet to interview candidates informally and prepare a report for Governing Body. Governing Body will determine whether to ask for a brief presentation from each of the candidates before proceeding to election.
The Vice-President (or Senior Fellow, as above) will oversee the election process by ballot.
The Acting President will hold office for no more than one calendar year. Should it become necessary for the Acting period to continue longer, the Vice-President will bring the matter back to Governing Body for its discussion on whether to continue or re-elect.
In cases where the President is expected to return to the role, she will be consulted throughout the period.
Council Minute 17/221
The following rules shall apply in relation to the first election and any subsequent re-election of a Vice-President.
The first election of a Vice-President shall be for a period of five years.
Any subsequent re-election of the same fellow as Vice-President shall be for a period not to exceed three years.
A Vice-President shall not normally be permitted to stand for re-election after serving a first period and a single subsequent period. However, the term of a Vice-President may be extended for a period or periods of not more than one year at a time if Council gives permission on the grounds of exceptional circumstances.
Statutes XIV & XVI
Council Minute 73/35
At the time of the election of an Official Fellow the Council shall declare what is the qualifying office.
When a Fellow holds more than one office the College teaching post shall normally be declared by Council to be the qualifying office with which the Fellowship is associated.
An Official Fellow shall be resident in accordance with the provisions for the time being under the heading ‘Residence of University Officers’ within the section entitled ‘General Regulations for University Officers’ of Chapter XI of the Statutes and Ordinances of Cambridge University. If a College Officer does not meet these requirements, they must receive leave from Council to reside outside of these provisions.
The stipend of an Official Fellow shall be agreed on appointment in accordance with the rates agreed by Council.
An Official Fellow shall not in virtue of her or his Fellowship be entitled to a room, or stipend, or to free residence in College.
Statutes XIV & XVIII
Council Minute 73/35
Those eligible to be elected to a Supernumerary Fellowship shall be limited to any person who:
Has an affiliation with or holds a post within the University and its associated bodies
Holds a post within the College which is not a College Office.
In all cases the Council shall decide when electing a Supernumerary Fellow whether the Fellowship Allowance should be paid, the period of tenure, conditions of residence, and any other benefits of the Fellowship not otherwise conforming to the schedule issued under Ordinance 19.
Statutes XIV & XV
Council Minutes 73/35, 75/46, 75/97, 76/106, 80/64, 81/73, 82/138
The President shall be the Chair of any committee for the appointment of Research Fellows unless she declines, in which case it shall be the Senior Tutor or other appointee of the Council.
A Research Fellow may only be elected:
to pursue a programme of research approved by the Council; or
to undertake research as a University Officer or as the holder of a grant or stipend from a Research Council or other approved body.
A Research Fellow shall be resident in accordance with the provisions for the time being under the heading ‘Residence of University Officers’ within the section entitled ‘General Regulations for University Officers’ of Chapter XI of the Statutes and Ordinances of Cambridge University.
Research Fellowships may be stipendiary or non-stipendiary. The stipend of a Stipendiary Research Fellow shall be agreed on appointment in accordance with standard rates agreed by Council. If a Research Fellow has a grant or stipend from another source, the Council may reduce the stipend below the standard rate.
Subject to availability, Stipendiary Research Fellows shall be offered single accommodation in College, for which a service charge is payable. Subject to availability, Non-Stipendiary Research Fellows shall be offered subsidised accommodation in College.
A Research Fellow, not resident in College or nearby, shall be allocated, if possible, a room or share of a room for study.
A Research Fellow may undertake supervision up to six hours per week (120 hours per annum), and receive the supervision fees payable. The permission of the Council must be obtained before undertaking paid work other than that arising under this Ordinance.
It shall be a condition of appointment that a Research Fellow shall deliver to the President, by 1 October each year, either a progress report of about 600 words in length or an outline report and copies of published papers, relating to work done during the previous academic year. It shall be a condition of appointment that on termination of the Fellowship, a report of 1,000-2,000 words, covering the work done during the tenure of the Fellowship will be delivered to the President, not later than 3 months after the end of the tenure.
Council Minutes 73/35, 81/22, 91/237, 97/156, 05/218, 10/213, 13/183
A proposal for the election of an Emeritus Fellow shall be considered at one Council meeting and not decided upon until the next Council meeting.
The Council will normally elect to an Emeritus Fellowship under Statute XX2 (ii) only a Fellow who is either retiring under Statute XIX.5 or who has been a Fellow for not less than twenty years, whether continuously or not.
The Council shall consider the election to an Emeritus Fellowship of any Fellow leaving after at least ten years’ service to take up a professorial post or equivalent.
There shall be no stipend connected with an Emeritus Fellowship.
An Emeritus Fellow shall have the use of Common Rooms as available from time to time to Fellows.
An Emeritus Fellow shall be entitled to reserve a room in College, if accommodation is available. Applications shall be made to the Events Office and a room provided at the current rate for college guests.
An Emeritus Fellow may invite a guest or guests to Dinner in College, charged at the rate for Fellows' guests.
Emeritus Fellows shall be invited to all principal public functions of the College to which the Fellowship are invited.
Council Minutes 73/35, 81/22
There shall be no stipend connected with an Honorary Fellowship.
An Honorary Fellow shall have the use of the Common Rooms as available from time to time to the Fellows.
An Honorary Fellow shall be entitled to reserve a room in College, if accommodation is available, at the current rate for college guests.
Honorary Fellows shall be invited to all principal public functions of the College to which the Fellowship are invited.
Council Minutes 73/59, 74/98, 75/41, 82/64, 96/237, 97/80, 14/26
College Lecturers shall be appointed for the purpose of securing teaching for the college according to need. Appointments shall be made by the Council. College Lecturers may include College Teaching Officers, University Teaching Officers and other Official Fellows who are neither University Teaching Officers nor College Teaching Officers.
In relation to College Teaching Officers and Senior College Teaching Officers, this Ordinance is subject to Ordinances 16 (College Teaching Officers) and 17 (Senior College Teaching Officers).
The appointment shall be for up to three years in the first instance and may be renewed for further terms not exceeding five years subject to satisfactory performance and teaching needs.
Recommendations for appointment shall be supported by suitable information on the teaching and academic credentials of the nominee and the nominee’s record, if any, of teaching for the college.
A College Lecturer shall be required to undertake during the academic year the number of hours teaching specified on appointment or as varied subsequently with the agreement of the Council and the Lecturer.
Unless the College Lecturer has a Fellowship at another College, or has already been elected to an official fellowship she is eligible for election to a Fellowship.
A College Lecturer shall normally be appointed to teach a minimum of 3 hours per week unless she holds another substantial college office or a Fellowship in another college. However, in special circumstances, approved by Council, a College Lecturer may temporarily be permitted to do less than 3 hours teaching a week. A "week" means eight weeks in Michaelmas full term and Lent full term and four weeks in Easter full term.
College Lecturers who wish to undertake substantial amounts of paid work not for the College shall obtain the approval of the Council. An adjustment of conditions of appointment and stipend may be required as a condition of approval.
Council Minute 14/183, 21/104
College Teaching Officers may be appointed where the Academic Policy Committee determines that there is a need for the relevant post and its recommendation is approved by Council.
Appointments to the post of College Teaching Officers shall require, in addition to the requirements of Ordinance 15 related to appointment:
i. A period of public advertisement for candidates;
ii. An application supported by a full curriculum vitae, a list of publications and research and further suitable information on the teaching and academic credentials of the candidate, including the candidate’s record, if any, of teaching for the college
iii. An Applications Committee convened by Council, consisting of at least:
a. the Senior Tutor
b. another Fellow in the relevant subject or other senior member of the Academic Policy Committee should there be no other Fellow in the subject; and
c. a senior member of the relevant University department or faculty who is not also a member of Murray Edwards College; and
iv. The approval by the Council of the preferred candidate.
College Teaching Officers may be required to teach up to 12 hours per week. A reduction to no less than 10 contact hours for the same pay as a 12 hour stint may be negotiated when other activities for the College are being undertaken. The President and Senior Tutor will determine if there is a justifiable basis for the reduction. Should a significant role or roles other than that of College Teaching Officer be undertaken, pay or stipend attaching to the CTO role and to any other role(s) shall be paid in relevant proportion to the respective role(s).
College Teaching Officers shall be appraised annually in the following manner:
i. The College Teaching Officer shall submit a short report to the President.
ii. The report shall cover three separate areas: research activity, teaching undertaken (including where relevant for a university department) and other professional activity including all additional academic, pastoral and administrative work undertaken on behalf of the College, including where relevant, participation in the Gateway Programme.
iii. On receipt of the report, the President will undertake to meet (normally within a calendar month) the College Teaching Officer concerned, with the Senior Tutor, to discuss the report, workload and any issues raised by the Appraisee.
Subject to satisfactory appraisal, a College Teaching Officer shall be eligible for an annual salary increment on the University Lecturer Scale (Points 1-5 on Grade 9 of the University salary scales).
College Teaching Officers with a minimum of two years’ service may be considered for a tenured position with no fixed term of appointment and paid on the University Lecturer Scale (Points 1-5 on Grade 9 of the University salary scales). College Officers will consider posts based on teaching need, affordability and available funding and recommendations will be made as appropriate to Council, for approval.
Council Minutes 10/61, 13/145, 21/104
College Teaching Officers with a minimum of four years’ service may apply to become Senior College Teaching Officer, with no fixed term of appointment and paid on the University Lecturer Scale (Points 1-9 on Grade 9 of the University salary scales). Individuals may apply no earlier than one calendar year prior to the terminal date of their appointment, with a view to a decision being taken no later than nine months prior to that date.
An application will be considered only if the Academic Policy Committee determines, without reference to the performance of the individual concerned, whether there is a need for the relevant post.
An Applications Committee shall be convened by the Academic Policy Committee and approved by Council, consisting of the Senior Tutor, another Fellow in the relevant subject (or other senior member of the Academic Policy Committee should there be no other Fellow in the subject), and a senior member of the applicant’s faculty who is not also a member of Murray Edwards College. This external member of the committee shall be asked to determine whether the individual applying for a tenured position will be of the standard necessary to be short-listed for a permanent university lectureship at Cambridge. Failure to meet this criterion will normally render the individual concerned ineligible for a tenured CTO position.
The Applications Committee charged with considering such cases shall take into account excellence in research and the individual’s contribution to teaching and all other relevant academic, pastoral and administrative activity, particularly within the college.
If the Applications Committee recommends that the application is successful, the appointment shall be subject to the approval of Council.
Subject to satisfactory appraisal, a Senior College Teaching Officer shall be eligible for an annual salary increment on the pay scale mentioned in paragraph 1.
Appraisal of Senior College Teaching Officers shall be carried out in the following manner:
In the Easter term, the Fellow concerned shall submit a short report to the President on their employment over the previous year.
The report shall cover three separate areas: research activity, teaching undertaken (including where relevant for a university department) and other professional activity including all additional academic, pastoral and administrative work undertaken on behalf of the College, including where relevant, participation in the Gateway Programme.
On receipt of the report, the President will undertake to meet (normally within a calendar month) the College Teaching officer concerned, with the Senior Tutor, to discuss the report and any issues raised by the Appraisee.
The outcome of this process shall be reported to Council in due course, with the minuting of the relevant decision specifying where appropriate that the increment had been agreed.
Council Minutes 73/35, 10/184, 14/162
Seniority of Fellows shall be determined by the date of their election, except in the case of a second or subsequent election where seniority shall be given for each year or part of a year of past Fellowship.
The relative seniority of Fellows elected from the same date shall be determined by the date of pre-election; if identical, then by their dates of birth, except that in any cases of identical dates of birth, seniority shall be determined alphabetically.
The entitlements for Governing Body Fellows shall be detailed in a schedule to be issued by Council annually, other than Dining Rights granted in accordance with Ordinance 27.
Council Minutes 84/47, 84/73, 92/162
When a vacancy occurs or is due to occur in the office of Bursar Council shall (as soon as the vacancy is notified to it) establish an appointment committee for the office.
The appointment committee shall consist of the President, Vice President and four other members of the Fellowship, and shall have the power to co-opt one or more expert advisers as it thinks necessary or appropriate.
The appointment committee shall notify in writing all members of the Governing Body of the vacancy, shall seek suitable candidates for the office from inside or outside the College, and shall place public advertisements if considered appropriate. The committee shall interview candidates and shall submit to Council a report on their meetings. This report shall include details of candidates short-listed, and a recommendation of the person, if any, considered to be most suitable for appointment. Council may empower the appointment committee to make the offer of appointment on its behalf.
Unless the notice period of the Bursar in a contract of employment stipulates a longer period, the letter of appointment of the Bursar shall require the Bursar to give Council not less than three months’ notice of vacation of her/his office.
Council Minutes 76/146, 76/163, 77/9, 77/34
The Council shall appoint Directors of Studies as necessary.
For a Director of Studies who is a Fellow of the College the appointment shall be for up to three years in the first instance and may be renewed for further terms not exceeding three years subject to satisfactory performance and teaching needs.
For a Director of Studies who is not a Fellow of the College the appointment shall be for one year in the first instance, and may be renewed for further terms not exceeding three years subject to satisfactory performance and teaching needs.
Directors of Studies shall not normally be responsible for directing the studies of more than 20 students.
Council Minute 73/52, 77/33
The Council may offer the position of Appointed Supervisor to any person who regularly teaches for the College. An Appointed Supervisor shall normally be required to teach for a minimum of two hours per week, but may be otherwise as determined by the Director of Studies in the relevant subject or by the Senior Tutor.
The appointment shall be for one year in the first instance, and may be renewed for further terms not exceeding three years thereafter, subject to satisfactory performance and teaching needs.
An Appointed Supervisor shall have no entitlement to a room in College but provision shall be made, as necessary, for teaching in College.
Ordinance 23 – Arrangement for Payments to College Lecturers for Supervision and Review of Contracted Supervision Hours ("stints")
Council minutes 14/161
All supervisions conducted by College Lecturers should be recorded by them in CamCORS in a timely fashion and no later than the end of Full Term each term.
Payment for all supervisions conducted by College Teaching Officers (CTOs) whether for Murray Edwards College or for other colleges should be recorded in CamCORS as payable to Murray Edwards College.
All supervisions conducted by fellows of the college who are not CTOs, whether for Murray Edwards College students or for students of other colleges, should be recorded in CamCORS as payable to the individual fellow.
Except in the case of CTOs fulfilling their stints all supervisions for students of the College paid for by the College shall be made at or shortly after the end of each Full Term, based on details of supervisions for students of the College recorded in CamCORS. Should details be submitted to CamCORS after the end of Full Term, then the college shall have the right to defer payment for supervisions not recorded until the end of the following Full Term.
Where the number of hours to be supervised by a College Lecturer has been agreed with the college but the actual number of hours is more or less than the expected number of hours which has been agreed between the College Lecturer and the College there shall be a discussion between that fellow and the Senior Tutor at the end of the Easter Term with a view to determining what action shall be required to ensure that the apparent deficit or excess of hours is managed appropriately for the future.
Research Fellows may teach up to six hours per week.
Council minutes 14/161
For any supervision of students of the College Lecturers and Appointed Supervisors shall be paid 120% of the standard supervision rates agreed by the Cambridge College Bursars’ committee for supervising students in groups of two. This will also apply to supervisions of students of other Cambridge Colleges to the extent those supervisions reduce or eliminate any shortfall against agreed teaching hours, taken together across a year. The premium shall be paid termly, by testing the cumulative total of teaching of Murray Edwards College and non-Murray Edwards College students against the individual fellows’ annual contracted hours.
Other Fellows in classes A, B, C and D, Emeritus Fellows, and Bye-Fellows shall be paid 120% of the standard supervision rates agreed by the Cambridge College Bursars’ committee for any supervision of students of the College.
Council Minutes 84/47, 84/73, 02/14, PC02/1
When a vacancy occurs or is due to occur in any of the offices of Senior Tutor, Admissions Tutor or Executive Graduate Tutor, Council shall establish an Appointments Committee for the post. The Appointments Committee shall notify, in writing, all members of the Governing Body of the vacancy, shall seek suitable candidates for the office from inside or outside the College, and shall place public advertisements if considered appropriate. The Appointments Committee shall have the power to interview candidates and shall submit to Council a report on their meetings.
The Appointments Committees for the offices of Senior Tutor, Executive Graduate Tutor and Admissions Tutor shall consist of the President and four teaching Fellows, excluding the current holder of the tutorship to be filled. An external member of the Appointments Committee may also be appointed by Council if this is appropriate.
In the case of an appointment to the office of Senior Tutor, Executive Graduate Tutor or Admissions Tutor, the recommendation for appointments to be considered by Council shall be accompanied by a curriculum vitae of the proposed candidate.
Council may empower the Appointments Committee to make the offer of appointment on its behalf.
When a vacancy arises for a new Tutor, all members of Governing Body will be notified in writing and applications invited. The Senior Tutor will review all applications and conduct interviews before making a recommendation to Council.
Unless the notice period of a Tutor in a contract of employment stipulates a longer period, the letter of appointment of a Tutor shall require the Tutor to give Council at least three months’ notice of vacation of her or his office.
Council Minute 75/97
NOTE: The President’s entitlement to residence is detailed in Statute VIII. Research Fellows’ entitlement to residence is detailed in Ordinance 12.5.
- Furnished living accommodation in College may be offered to College Lecturers, Research Fellows and Tutors at an inclusive annual rent to be determined from time to time by the Council. Three months’ notice shall be given of any change in rents, which may cover heating and service. The College Lecturer, Research Fellow or Tutor shall occupy the accommodation as a licensee subject to a written Licence Agreement and not as a tenant. Provision of such College accommodation shall be normally limited to a maximum period of three years in total. Three months’ notice shall be provided as to whether a licence will be extended for an additional year.
Council Minutes 72/94, 79/134, 81/22, 83/90, 83/129, 87/172, 89/209, 97/60, 97/78, 06/74, 09/143
The College Council shall establish categories of dining rights which shall be detailed in a schedule to be issued by Council annually.
The College Council may grant dining rights to such persons as it shall from time to time determine. The dining rights granted shall fall into one of the categories listed in the schedule.
The Council shall normally, but not exclusively, consider the grant of dining rights at a meeting in the Easter Term. Proposals for the grant of dining rights may be made at any time to the President.
The Fellows’ Steward shall write annually in July to existing holders of dining rights, and to those newly granted such rights, to inform them of their rights and at such other times as are necessary in relation to irregular grants of new dining rights.
Statutes XXII, XXIII & XXIV
Council Minutes 72/72, 84/25, 90/125, 92/162, 14/183
Tutors, with the exception of the Senior Tutor and Admissions Tutor whose entitlement shall be agreed upon appointment, College Lecturers, Directors of Studies and the Praelector shall be entitled to Sabbatical Leave during one term for every six terms' service in any office, provided always that:
two clear terms' notice shall be given by the officer requesting leave, unless the Council permits less notice;
she or he shall obtain the consent of the Council, which consent shall be given provided that the Council is satisfied that the interests of the College will not be prejudiced thereby;
in estimating the amount of Sabbatical Leave of absence due under this section, account shall not be taken of any service done by her or him more than six years before;
other teaching or administrative work is not expected to be undertaken on behalf of the College/s or the University during the period of Sabbatical Leave.
Any term during which an officer has been on sick leave may count towards sabbatical leave entitlement.
Any Official or Professorial Fellow who:
has received a stipend for fulfilling the office of Tutor, Director of Studies, Graduate Tutor, Executive Graduate Tutor, Rooms Tutor, Praelector, Vice-President, Dean, or others as Council may determine; or
has received payments for giving supervisions
shall be entitled to continue receiving such sum from the College during the said Sabbatical Leave as is just and reasonable having regard to the stipend or payments received by the Fellow in the two years prior to the commencement of the said Sabbatical Leave.
The above entitlement shall apply to Fellows jointly employed with other Colleges, but only in relation to payments from Murray Edwards College.
Fellows on Sabbatical Leave shall not attend or take part in College Council or in College committees and shall be deemed to retire from any committee on commencing Sabbatical Leave. However, Sabbatical Leave shall not be a bar from attending and voting in meetings of Governing Body.
Official, Supernumerary and Professorial Fellows may apply for Special Leave of Absence for periods up to three years. Such Special Leave of Absence shall be occasioned by, inter alia:
Substantial to be agreed annually research projects funded by sources independent of the College or University; or
Appointment to major offices within the University requiring full-time or substantially full-time responsibilities.
Such Special Leave of Absence shall be by agreement of the President. If such Special Leave is to extend beyond three years consecutively then if the President so requires, it shall require the consent of Council.
Fellows on Special Leave of Absence shall not attend or take part in College Council or in College committees and shall be deemed to retire from any committee on commencing Leave of Absence. They shall, however, be required to attend meetings of the Governing Body.
The Council may give to an officer on account of their illness Sickness Leave of Absence from their office, without loss of stipend, until a date not later than six months after the commencement of their absence from duty. The Council may extend such leave, and if it does so shall fix the amount (if any) of the stipend payable to the officer.
In addition to any statutory rights to leave, the Council may give Ordinary Leave of Absence to a Fellow in Classes A, B, C, or D, in any case not covered by the foregoing sections, for example, maternity leave, paternity leave, adoption leave or compassionate leave, subject to such conditions as it may determine in the particular case. The minimum period for which leave is required to be obtained is an absence of two consecutive weekday nights during Full Term.
Any extension of Sickness Leave or Ordinary Leave of Absence beyond twelve months after the commencement of their absence from duty shall require the concurrence of the votes of two-thirds of the members of the Council.
Fellows on Sickness Leave of Absence or Ordinary Leave of Absence shall not be required to attend meeting of the Governing Body or the Council or committees during that Leave.
Statutes XXII, XXIII & XXIV
Council Minutes 79/81, 81/120, 17/11, 17/37
In addition to any statutory rights, all Official, Supernumerary or Research Fellows of Murray Edwards College who have been employed by the College for a minimum period of two years shall be entitled to Maternity / Adoption / Shared Parental Leave of eighteen weeks on full pay. In addition, Council will consider applications from any who have not met the qualifying period of appointment.
At least fifteen weeks’ notice shall be given, and the Leave shall not usually start earlier than eleven weeks before the expected week of confinement (EWC), and shall not usually be later than the date of birth. In the case of adoption, Leave shall start up to fourteen days before the expected date of placement or upon the official match with a child by an adoption agency.
After the expiry of the eighteen weeks, Statutory Maternity Pay / Statutory Adoption Pay / Shared Parental Pay (SMP, SAP, ShPP) shall be paid, if due, in accordance with DSS regulations. Thereafter, the Officer shall be entitled to Leave of absence without pay for the remainder of the Leave period (thirty four weeks).
Three weeks’ notice of intention to return to work should be given. The date of the return to work may be postponed for up to four weeks on medical grounds, and with the production of a medical certificate in support.
Up to ten Keeping In Touch (KIT) days may be worked during Maternity / Adoption / Shared Parental Leave. These shall be paid at the Fellow’s normal rate of pay if taken during the first eighteen weeks of Maternity / Adoption / Shared Parental Leave and thereafter aid at the Fellow’s normal rate of pay after deduction of statutory payments. The Fellow may, by agreement with the College, alternatively take lime off in lieu following his/her return to work.
An Officer who does not intend to return to work at the end of a period of Maternity / Adoption / Shared Parental Leave should inform the President of this at least three weeks prior to his/her anticipated date of return. In such circumstances the College shall have the right to withhold or reclaim all or part of the non-statutory element of the Maternity / Adoption / Shared Parental Pay.
Any term for part or all of which the Fellow has been on Maternity / Adoption / Shared Parental Leave shall count towards sabbatical leave entitlement.
A research Fellow taking a period of Maternity / Adoption / Shared Parental Leave as set out above shall be entitled to have the period of his/her research Fellowship extended by the period of his/her Maternity / Adoption / Shared Parental Leave that has been taken.
UK statutory regulations governing maternity / Adoption / Shared Parental Leave and Pay should be referred to in each case to ensure legal compliance.
Council Minutes 74/31, 81/47, 14/85
Any person elected to a Fellowship shall, as a member of the College, retain their membership and become a member of the New Hall Society on ceasing to be a Fellow.
Any person, not already a member of the College, appointed to a College Office as defined in Statute XXII shall become a member of the College. Upon such person ceasing to hold the office, the Council shall determine whether membership shall continue.
The Council may admit to temporary membership of the College members of the University; other persons who are offered Dining Rights or other persons visiting the University for academic purposes.
Any serious concerns about a student’s fitness to continue their studies that are not largely disciplinary or academic, but where a student represents a substantial risk to herself or to others yet resists any suggestion that she should remit her studies, will be subject to the College’s Fitness to Study Procedure as approved by Council from time to time.
Council Minutes 06/03, 06/14, 06/48, 06/74, 14/26, 16/143, 17/117
The College shall have a class of member called Bye-Fellow.
The Council may elect into a Bye Fellowship any person with a relevant background in teaching and/or research of sufficient standing that their association will be beneficial to the College.
The election or re-election of Bye Fellows shall be for such period(s) that Council shall determine. The role of a Bye Fellow shall be reviewed after four years.
Bye Fellows may use the common spaces of the College (FDR, SCR, Fellows’ Garden) and make purchases from the College wine cellar on the same basis as Official Fellows.
Council minute 22/165
1. The College shall have a class of member called President’s Fellow.
2. The Council may elect into a President’s Fellowship any person of sufficient standing from an academic or non-academic background provided that their association will be beneficial to the College.
3. The election or re-election of a President’s Fellow shall be for such period(s) that Council shall determine, normally up to three years. The role of a President’s Fellow shall be reviewed before any proposal for re-election.
4. A President’s Fellow will not be members of the Governing Body but can be appointed to College Committees as appropriate.
5. A President’s Fellow shall be entitled to:
i) book Fellows’ Guest Rooms, if available;
ii) dining rights as detailed in the Schedule to Ordinance 27;
iii) use the College Library and IT facilities;
iv) use the common spaces of the College (FDR, SCR, Fellows’ Garden);
v) make purchases from the College wine cellar on the same basis as Governing Body Fellows.
6. A President’s Fellow shall not be entitled to any stipend, unless agreed by the Council, and as recommended by the Remuneration Committee.
Council minutes 14/171, 23/05
1. The College shall have classes of member with the title Visiting Scholar, Visiting Professor and Visiting Fellow.
2. Membership as Visiting Scholar ,Visiting Professor and Visiting Fellow shall be non-stipendiary.
Visiting Scholars & Visiting Professors
3. Fellows of the College may submit proposals for Visiting Scholars and Visiting Professors to the President in the first instance. The Fellowship Review Group will then consider these proposals and will make recommendations to Council as it sees fit, and according to the needs of the College.
4. Applications shall include:
a. A covering letter outlining the applicant’s research to be undertaken in Cambridge, including dates of proposed stay;
b. The applicant’s curriculum vitae;
c. A letter of support from a member of the Fellowship.
5. Appointments shall be for a minimum of one term and the maximum of one year, with the possibility of re-election to a maximum of three years in total. All offers shall be conditional on fulfilling United Kingdom immigration and visa requirements.
6. Visiting Scholars and Visiting Professors shall be entitled:
a. To book College accommodation, if available, via the Conference Office;
b. To use the College Library and IT Facilities;
c. To an introduction letter to allow access to Departmental Libraries and the University Library;
d. To dining rights as detailed in the Schedule to Ordinance 27.
7. Visiting Scholars and Visiting Professors shall not be entitled to a personal study space in the College.
8. Visiting Scholars and Visiting Professors will be provided with an academic point of contact from within the Fellowship.
9. Fellows of the College may submit proposals for Visiting Fellows to the President in the first instance. The Fellowship Review Group will then consider these proposals and make recommendations to Council as it sees fit, and according to the needs of the College.
10. Visiting Fellows will submit a curriculum vitae for consideration. The College will carry out a due diligence report.
11. Elections shall be for a minimum of one term and the maximum of one year, with the possibility of re-election to a maximum of three years in total.
12. Visiting Fellows shall be entitled:
a. To book College accommodation, if available, via the Conference Office;
b. To use the College Library and IT Facilities;
c. To dining rights as detailed in the Schedule to Ordinance 27.
13. Visiting Fellows shall not be entitled to a personal study space in the College.
14. The President will act as point of contact for Visiting Fellows.
Council Minute 16/143
The College shall have a class of member with the title Guest Resident.
Guest Residents members of the College shall be women.
An applicant for membership as Guest Resident shall be engaged in postgraduate study at another University and be sponsored by a Fellow of the College.
Applications shall include:
The research to be undertaken by the applicant while in Cambridge
The applicant’s Curriculum Vitae
A statement of support from the Fellow sponsoring the applicant
The proposed dates of residence, which shall be for a minimum of one term and a maximum of one year.
Applications will be considered by the Executive Graduate Tutor and Senior Tutor, who shall make recommendations for approval by Council and subject to applicable United Kingdom immigration and visa requirements.
Membership as Guest Resident shall be non-stipendiary.
Guest residents shall be entitled:
To book accommodation, if available, via the Accommodation Office
To use the College Library and services provided by the College Nurse
To College catering at prices applicable to members In statu pupillari subject to payment of applicable overhead charges for graduates living in or out of College
To IT facilities and gym membership at prices applicable to members in statu pupillari
To receive a letter of introduction for the College to allow access to Departmental Libraries and the University Library.
Statutes XXVII & XXVIII
Council Minutes 77/88, 81/47, 81/69, 81/102, 83/88, 88/142, 89/140, 14/120, 16/143
Awards, to be known as Rosemary Murray Awards, of the following nature shall be made to members in statu pupillari:
awards to recognise academic excellence,
awards to support research and other academic need,
bursaries to support hardship,
awards to recognise sporting achievement within the University,
scholarships for music; and
bursaries for travel.
Awards may also include loans where appropriate.
The broad criteria and annual budget for the Rosemary Murray Awards shall be set by council. Individual awards shall be made by reference to those criteria and within that budget limit by committee which shall also determine the application process for awards. Different committees may be constituted for the purpose of awarding funds or loans to different types of recipient or for different types of award. The committee or committees shall include the bursar together with the either the senior tutor or the executive graduate tutor or both.
The Rosemary Murray Awards shall be made by way of grants or loans from unexpended funds of which the college is trustee which are suitable and sufficient to make the awards or, to the extent otherwise required from a fund to be called the Rosemary Murray Fund or, if that fund is insufficient out of the unrestricted income of the college.
An account of the awards made under this Ordinance shall be made to the council annually.
A Scholarship, of a value to be decided from time to time by the Council, of one year's duration, may be awarded to any undergraduate who obtains a First in any classed examination or in an unclassed University Preliminary examination. In Modern and Medieval Languages, a Scholarship may be awarded for a First in one language (if taken alone) or a First in one language plus at least a II.1 in the second language (if two are taken together). Scholarships will be awarded to those students who achieve GPA 4.9 or above during their exchange year at MIT.
Council Minute 14/120
The College shall offer a programme of activities, to be known as the Gateway Programme, to support and encourage students to develop skills which will support their transition to studying at Cambridge and thereafter their transition into further career opportunities.
Awards, to be known as Gateway Awards, shall be made to members in statu pupillary, or to holders of offers to become member in statu pupillari, to support activities consistent with and contributing to the aims of the Gateway Programme.
The broad criteria and the annual budget for Gateway Awards shall be set by Council. Individual awards shall be made by reference to those criteria and within the budget limit by a committee which shall also determine the application process for the awards. The committee or committees shall include the bursar, the Senior Tutor and/or Executive Graduate Tutor and the Gateway Programme Lead.
The Gateway awards shall be made by way of grants from unexpended funds of which the college is trustee which are suitable and sufficient to make the awards or, to the extent otherwise required from a fund to be called the Gateway Fund or, if that fund is insufficient out of the unrestricted income of the college.
Council Minute 14/120
The Council shall ensure that funds of which the college is trustee shall be appropriately advertised and awarded to beneficiaries where appropriate.
The Council shall consider annually an account of funds administration as required by the Standing Financial Instruction.
Murray Edwards College is a diverse community of students, staff, Fellows and Bye-Fellows. In order to offer an environment where everyone can thrive and do their best, we ask that all members of our community (regardless of their role in the College) be treated with dignity, fairness and respect. We have a zero-tolerance policy on bullying, exploitation, harassment or intimidation. We expect all members of our community to respect principles of academic freedom and the pursuit of scholarship. We encourage freedom of speech and want you to feel comfortable expressing your views while respecting those of others. The following Rules of Behaviour and Disciplinary Procedures underpin our commitment to sustaining and protecting this diverse community.
All students of Murray Edwards College are bound by the Disciplinary Procedures of Murray Edwards College and of the University, and they undertake to observe both on matriculation. They are also subject to the Laws of England. These Rules of Behaviour and Disciplinary Procedure were agreed by College Council in 2019, and are intended to work in conjunction with the University Procedures and Rules of Behaviour, agreed in July 2019.
If a Murray Edwards student is believed to have breached one of the College’s Rules of Behaviour they can be reported to the Dean, who will investigate the concern under the College’s Disciplinary Procedures. If the behaviour of a Murray Edwards student is believed to constitute more serious misconduct, such as sexual or physical assault, or academic misconduct, they may be felt to have breached the University’s Rules of Behaviour and the concern should be reported to the University’s Disciplinary Procedure, which has the resources and the competence to investigate more serious concerns. If a student of Murray Edwards College is affected by the behaviour of a student from another College, and that behaviour is believed to constitute a breach of the Rules of Behaviour, that case could be reported to the University’s Disciplinary Procedure. Some breaches of behaviour may also constitute a criminal offence and the person concerned may wish to report the matter to the police.
For further guidance on which Disciplinary Procedure should be used, students and other members of College may ask the Dean, the Senior Tutor, their College Tutor, or a member of staff at the University’s Office for Student Conduct, Complaints, and Appeals (OSCCA).
Rules of Behaviour
1. All students are responsible for following the College Rules of Behaviour. Not knowing or forgetting about the rules or their consequences is not an excuse for not following them. The following breaches of the Rules constitute ‘misconduct’:
(a) disruption of, or improper interference with, the academic, administrative, sporting, social, religious or other activities of the College, whether on College premises or elsewhere, including interference with anyone’s right to freedom of speech
(b) obstruction of, or improper interference with, the functions, duties or activities of any member of the College, employee or authorised visitor, including the unlawful denial of any such person’s right to freedom of speech
(c) violent, indecent, disorderly, threatening, abusive or offensive behaviour or language, including such language in any poster, sign, notice or publication whether on College property, or on social media, aimed at any University person; or when engaged in any College activity or if directed to any member or employee of the College or any visitor
(d) fraud, deceit, deception or dishonesty in relation to the College, in connection with holding any office in a College club or society or in relation to being a student
(e) action likely to cause injury or impair health and safety on College premises
(f) improper discrimination against any person within the College
(g) harassment of any member of the College, employee or authorised visitor. For the definition of harassment, please see the College Policy.
(h) damage to, or defacement of, College property or the property of members or staff of the College caused intentionally or recklessly, and misappropriation of such property
(i) obstructing the Dean in carrying out duties under these Rules of Behaviour or Disciplinary Procedures, giving false evidence at any hearing under the College Disciplinary Procedures or in any other way seeking to pervert the course of justice in relation to action under the College disciplinary procedures
(j) disorderly or unruly behaviour within the College, including any anti-social conduct resulting from the consumption of drink or drugs.
(k) breach of the terms of the code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986 regarding meetings and public gatherings on College grounds;
(l) knowing breach of any instructions issued by any person or body authorized to act on behalf of the College in the proper discharge of their duties
(m) breach of the Statutes and Ordinances of the College, and any rules and procedures established under the Statutes and Ordinances;
(n) misuse or unauthorised use of College premises or items of property
(o) misuse or unauthorised use of the College computer system, including accessing prohibited material
(p) conduct which amounts to a criminal offence in English law where the conduct
(i) took place on College premises or through the College’s computer system; or
(ii) affected or concerned other members of the College community; or
(iii) is an offence of dishonesty wherever committed and the student holds an office of responsibility within the College; or
2. The effects of self-administered alcohol or non-prescribed drugs shall neither constitute a defence to a charge of misconduct nor afford a basis for mitigation of sanction.
3. The following definitions are applied under the Rules of Behaviour:
(a) ‘Activities of the College’ include activities in which a student is participating that involve other organisations working in partnership with the College, in the context of a person’s membership of the College.
(b) ‘Instructions issued by any person or body authorised to act on behalf of the College’ include requests to attend meetings, to provide identification upon request, and to share primary datasets or data analysis with a supervisor.
(c) ‘The code of practice issued under the provisions of section 43 of the Education (No. 2) Act 1986’ relates to meetings and public gatherings on College premises.
(d) ‘Rules and procedures established under the Statutes and Ordinances’ include policies and procedures that govern student conduct, for example: Harassment and Sexual Misconduct, Freedom of Speech, Privacy, Health and Safety, Social Media, and College rules relating to accommodation and the payment of fees and fines.
4. Any breach of the Rules of Behaviour may be considered more serious if:
(a) it took place under the influence of alcohol or illicit substances;
(b) it was motivated by the protected characteristics or perceived protected characteristics of another;
(c) the Respondent has previously been found to have breached the same Rule of Behaviour;
(d) the Respondent has not complied with any sanction or measure under the Student Disciplinary Procedure;
(e) the Respondent has breached precautionary action measures whilst the Student Disciplinary Procedure has been ongoing;
(f) the Respondent has not provided the College with reasonable information upon request so that it can assess the risk the respondent may pose to the College community;
(g) the Respondent has attempted to conceal or destroy evidence, or coerce or intimidate officers, Reporting Persons or Witnesses, in relation to that breach;
(h) the Respondent has abused a position of power or trust.
Student Disciplinary Procedure
1. Glossary of key terms
In this procedure, the following terms shall have the meanings set out below:
Appeal Committee A panel of three persons including a Chair and two Fellows, which determines whether an appeal against a decision of the Discipline Committee is upheld or dismissed, with the authority to amend, quash or impose major sanctions or measures. All members will be provided with appropriate training.
Completion of A letter that confirms the completion of the College’s internal
Procedures letter procedures, following which a student may be able to raise a complaint with the Office of the Independent Adjudicator
Concern The description of the behaviour causing concern, from the Reporting Person and submitted in writing by letter or email
Dean The College Officer appointed by Council with responsibility for determining whether a Concern should be investigated, conducting any investigation and determining the action taken following the investigation. Where a Concern is referred to the Discipline Committee, the Dean will present the investigation findings to a Discipline Committee.
Discipline Committee A panel of three persons including junior and senior members of the College, which determines whether the Rules of Behaviour have been breached and, if so, has the authority to impose sanctions or measures
Impact Statement A written statement from a Reporting Person or Witness that describes the personal impact of an alleged breach of the Rules of Behaviour
Investigation Report The report created by the Dean following an investigation
Student Junior member of the College
Reporting Person A person who is reporting a Concern about a Student
Respondent A student of Murray Edwards College whose conduct is the subject of a Concern
Rules of Behaviour The rules established by the College concerning the conduct of Students
Witness A person who has witnessed the Respondent’s behaviour or has witnessed a matter connected to the Respondent’s behaviour as alleged in the Concern. The Witness may be someone to whom the behaviour was directed, or a third party.
2. Scope and Principles
2.1 This procedure enables the College to consider whether a student has breached the Rules of Behaviour and, if it is found that the Rules have been breached, to impose proportionate sanctions or measures. The procedure enables the College to respond appropriately to breaches of the Rules of Behaviour, to protect the College and its community. It does not exist to resolve personal disputes. If appropriate, on minor matters, the Dean may seek to resolve the matter informally with those concerned, without recourse to an investigation. The Dean may also seek to reach or promote a settlement between the Reporting Person and the Respondent, without recourse to an investigation [but a settlement cannot be imposed on those involved].
2.2 This procedure is an internal process and does not have the same degree of formality as proceedings in a court of law. It is not normally necessary or appropriate for a Respondent or the College to be legally represented at any meetings that form part of the procedure.
2.3 The Dean and decision-makers will take into account the potential effects upon those engaging with the procedure and, where possible, minimise these effects. All Reporting Persons, Respondents and Witnesses will receive information about how to access support during this process. The appropriate support will depend on the circumstances of the case, but may be delivered by a College, the University, the Students’ Unions’ Advice Service or external support organisations.
2.4 Reasonable adjustments shall be made to the procedure to support students with a disability. Respondents, Reporting Persons and Witnesses are requested to make any reasonable adjustments known to the Dean so that these can be put in place. The Dean may seek expert opinion regarding reasonable adjustments to ensure appropriate implementation and shall keep a record of any such adjustments.
2.5 In order to ensure that a Respondent’s views are accurately represented during the process it is preferable for the College to correspond directly with the Respondent. However, it is accepted that sometimes this will not be in the best interests of the Respondent, for example, where a Respondent is reluctant to make or receive decisions about a Concern without support, as a result of an underlying medical condition or disability. It is at the discretion of the Dean/Committees to permit input from an authorized representative. Where a Respondent would prefer correspondence to be directed through an authorized representative, permission needs to be provided by the Respondent in writing or via the Respondent’s University email account. Where this is appropriate, the Respondent will be given reasonable time to arrange this support.
2.6 It will not normally be possible for the Reporting Person to submit a Concern anonymously, apart from in exceptional circumstances where there is a compelling case as decided by the Dean, supported by evidence, for the matter to be investigated. Where an anonymous Concern is accepted, the Concern will normally be accompanied by independent evidence enabling an investigation to take place without the involvement of the anonymous Reporting Person.
2.7 Concerns are ideally submitted in a timely manner, and ideally within 3 days, so that matters can be dealt with effectively. However, it is accepted that this is not always possible, for example where evidence of misconduct only becomes apparent after a significant period of time, or where a matter has significantly impacted an individual and the effects of this impact has led to a delay in reporting. There is no arbitrary deadline for the submission of a Concern, although Respondents will need to be students at the time the Concern is raised to enable meaningful sanctions and measures to be imposed.
2.8 The College shall investigate and consider Concerns in a timely manner, providing reasonable deadlines at each stage of the process for decision-makers to provide decisions and for Respondents, Reporting Persons and Witnesses to provide information. The College normally aims to complete the initial investigation and Discipline Committee decision within 60 days of informing the Respondent of the Concern. However, delays may occur where the case is complex, the Reporting Person, Respondent or Witnesses are not available to attend meetings, or where the procedure has been suspended for good reason. Respondents and Reporting Persons will be provided with updates where there is a delay.
2.9 Where physical meetings are not feasible, they may be replaced by virtual meetings, at the discretion of the Dean or Chair of the Committee.
2.10 No decision-maker or investigator will have any previous involvement with the matter that they are considering, or a close academic, pastoral or social connection to the Respondent or Reporting Person.
2.11 Any reference in this procedure to a named role includes a deputy appointed by the President to exercise the functions assigned to that role-holder under this procedure.
2.12 Some breaches of the Rules of Behaviour could also constitute criminal offences. The College will not normally investigate a matter where criminal proceedings are ongoing (including criminal investigations and appeal processes), pausing any action under this procedure until criminal proceedings are complete. It is the choice of the reporting person whether to report the matter to the police, except in matters where the College believes there is an immediate or serious risk to others, where the College should inform the police. Following an investigation undertaken by the police and any subsequent criminal proceedings, or where it appears unlikely that criminal proceedings will take place, or where the behaviour being investigated by the College is different to the behaviour being considered through criminal proceedings, the College may take its own action under this or another procedure.
2.13 The College will treat relevant police fines, cautions, or criminal convictions received by the Respondent as evidence that the behaviour, on which the offence was based, took place. A ‘not guilty’ or ‘no further action’ outcome from the police or criminal proceedings will not prevent the College from undertaking its own investigation as to whether a breach of the Rules of Behaviour has occurred, beyond the specific offence investigated by the police.
2.14 Sometimes a Concern will be more appropriately investigated under another procedure, for example, the Fitness to Study Procedure, if the behaviour has been wholly caused by an underlying medical condition, or a University procedure. It will be at the discretion of the Dean, in consultation with relevant College Officers to decide which procedure is most appropriate to investigate student behaviour and any Fitness to Study procedure must be determined and agreed by the Senior Tutor. In certain circumstances the College reserves the right to refer a matter to another procedure at any time during this procedure. Sometimes a Concern will be appropriately investigated under this procedure but nonetheless, following the outcome, it will be necessary to refer the matter to another procedure.
2.15 Some breaches of the Rules of Behaviour will also be in breach of the University’s Statutes and Ordinances and may result in the University taking disciplinary action. The College will take into consideration any action taken by the University to ensure that the Respondent is not punished twice for the same breach.
2.16 Where a Concern involves more than one Respondent, it will be at the discretion of the Dean to decide whether the Concern should be separated into separate investigations for some or all of the Respondents. Where an investigation includes more than one Respondent and the Dean has chosen to refer the matter to the Discipline Committee, the Chair of the Discipline Committee shall have the discretion to decide whether there shall be a single hearing for all of the Respondents, or a separate hearing for each Respondent. Where a hearing involving multiple respondents takes place, the personal mitigation of each Respondent, unless it refers to the other Respondent(s), shall not be shared with the other Respondent(s). Where multiple Respondents appeal the decision of the Discipline Committee decision appeals shall usually be considered separately but by the same Appeal Committee.
2.17 In cases where the Dean assesses that there is a need to put in place precautionary action whilst an investigation is ongoing, the Dean will liaise with the University to initiate the process outlined in the University’s Statutes and Ordinances under Special Ordinances D (v) Precautionary Action (Special Ordinance under Statute DI).
2.18 While the procedure is ongoing, a Respondent must not contact or attempt to contact the Reporting Person or any other Respondent(s) or Witness(es) on matters related to the alleged misconduct either directly or via another person. Unless precautionary action precludes it, Respondents may continue to pursue and complete their studies, including graduating, unless informed otherwise by the Dean.
2.19 The College owes a duty of care to all members, including Reporting Persons, Witnesses and Respondents, to safeguard the interests and safety of the College.
2.20 Respondents, Witnesses, Reporting Persons and their supporters and representatives, as well as decision-makers and investigators, are required to communicate and act respectfully and reasonably at all times whilst using the procedure and to treat the processes with respect. Abusive behaviour will not be tolerated. If, following a warning, someone continues to behave in an unacceptable manner, that person may be subject to separate disciplinary action. The person may be required by a decision-maker to stop engaging with this procedure or engage in a limited manner, even if this impacts upon the consideration of the Concern or a subsequent appeal.
2.21 The standard of proof used when making determinations under this procedure is on the balance of probabilities. The burden of proof rests with the College; it is for the Dean to prove that a breach of the Rules of Behaviour has occurred. This means that the Dean will have to prove that it is more likely than not that a breach of the Rules of Behaviour occurred before any sanctions or measures can be imposed on the Respondent.
2.22 The College shall share information and evidence related to an investigation and outcome with members of staff, the Respondent, the Reporting Person and Witnesses where it is strictly necessary to do so in order to process, investigate, and/or determine the outcome of an alleged breach of the Rules of Behaviour, or to implement any sanctions or measures following a finding. All information received from a Reporting Person, Respondent, Witness or staff member will be handled sensitively and in accordance with the College’s Data Protection Policy.
2.23 The College shall share all evidence considered in reaching a decision (except where the decision-maker determines that there is a compelling reason not to do so), the decision itself, the reasons for the decision and any sanctions or measures, with the Respondent. The evidence considered in reaching a decision may not be shared with the Respondent where the identity of the Reporting Person, or the identity of a Witness, or personal data or special category data belonging to another has been provided, where that person does not wish that data or identity to be shared and there is a compelling case for the matter to be investigated without revealing this information to the Respondent. A compelling case may include where the information is of no relevance to the Concern and therefore it does not need to be relied upon. Any student affected by such a decision who is dissatisfied can raise a complaint under the Student Complaint Procedure Where information is unable to be shared with the Respondent, this may affect the decision-maker’s ability to rely on this evidence in reaching a decision. Where evidence is not relied upon by the decision-maker, this will be specified in the reasons for the decision.
2.24 Where relevant, the College shall share the initiation of an investigation, the investigation findings and the reasoned determination of the Dean or Discipline Committee, including any sanctions or measures with the University, regulatory bodies (for example, the Disclosure and Barring Service), professional bodies (for example, the General Medical Council), or other organisations with whom the student may be connected, where it is appropriate to do so (for example, where the student holds a position of responsibility for children or vulnerable adults). Where formally requested to do so, or where the College considers that someone may be at significant and immediate risk of harm, the College may disclose information received through this procedure to the police. When initiating an investigation, the Dean will inform the Respondent in writing of the circumstances by which the information about the case will be shared.
2.25 The College shall share investigation findings, the reasoned determination of the Dean or the Discipline Committee, and sanctions or measures with the Reporting Person and Witnesses, where such information is relevant. ‘Relevant’ information is that which has a direct impact on the Reporting Person or Witness. The Reporting Person or Witness cannot appeal the outcome of the Dean or Discipline Committee. However, if there are concerns about how the matter was handled or the process used in reaching an outcome then the Reporting Person or Witness may be able to make a complaint under the Student Complaint Procedure.
2.26 It is necessary that all parties feel able to engage fully with the procedure without concern for the wider sharing of information disclosed within the investigation process. Following the conclusion of the procedure, those involved may discuss their personal experience of the procedure with others. However, regardless of the outcome, parties should not identify or provide details that might identify any individual involved in the investigation or subsequent decision-making process.
3. Submitting a Concern
3.1 The College will normally be informed of a potential breach of the Rules of Behaviour by a Reporting Person. The Reporting Person may be a person who has been impacted by the reported behaviour, witnessed the reported behaviour or became aware of the reported behaviour through other means.
3.2 To submit a Concern, the Reporting Person must submit a letter, email or Concern Form detailing the nature of the Concern, together with any evidence the Reporting Person wishes to provide, to the Dean.
3.3 The Dean shall communicate with the Reporting Person to acknowledge the Concern that has been received, to request further information where the Concern Form is incomplete, and to offer the Reporting Person a meeting to discuss the Procedure, though this can take place before a Concern is submitted.
3.4 The Dean will determine whether the following criteria are met:
a) there is an allegation that, on the face of it, would appear to breach the Rules of Behaviour;
b) this procedure is the most appropriate procedure to use to investigate the matter; and
c) the Concern has not already been investigated using this procedure.
3.5 Where all the criteria have been met, the Dean shall investigate the Concern. Where at least one of the criteria has not been met, the Dean shall not investigate the Concern (subject to paragraph 3.6 below).
3.6 Where part of the Concern has previously been investigated, it is at the discretion of the Dean to decide whether to investigate the aspect that has not yet been investigated, taking into account why the matter was not previously fully investigated, the length of time that has elapsed since the investigation, the severity of the misconduct, the impact on the Respondent of undergoing a second discipline investigation, and whether there would be repercussions for the Respondent’s fitness to practise were the decision taken not to investigate the matter.
3.7 The Dean shall give written reasons for the decision about whether to commission an investigation and communicate the decision and the reasons to the Reporting Person in writing, within 7 days of making decision. Reporting Persons who are students and dissatisfied with the outcome may be able to make a complaint under the Student Complaints Procedure within 28 days of being notified of the decision.
3.8 Where an investigation is not commissioned and any complaint relating to this decision has been completed, the Respondent shall normally be notified in writing of the Concern, the decision of the Dean, the reasons for the decision, and confirmation that no further action will be taken under this procedure, unless the complaint is withdrawn by the Reporting Person. This notification shall normally be provided to the Respondent within 7 days of the Dean’s decision, or where the Reporting Person is a student, within 7 days of the deadline for raising a complaint or, if a complaint is submitted, following the completion of the complaint. However, where sharing this information with the Respondent may impact upon an investigation being undertaken under a different procedure or by an external body, a delay to informing the Respondent may be necessary.
4. Investigating a Concern
4.1 Where an investigation is undertaken, the Dean shall write to the Respondent to confirm that a Concern naming the Respondent has been received, the nature of the alleged behaviour, the relevant Rules of Behaviour that have allegedly been breached and that an investigation shall be conducted. The Dean will provide a brief summary of the Concern, and describe the investigation process, the possible outcomes, including referral to other procedures, for example fitness to practise, and who may need to be informed of these outcomes. The Dean will inform the Respondent of the avenues of support available to them and the potential consequences if the Concern relates to alleged misconduct that may constitute a criminal offence.
4.2 The Dean shall conduct an investigation which may (at the Dean’s discretion) require written statements, meetings and evidence relevant to the investigation. Written notes shall be taken of all investigative meetings. Any person required to attend an investigative meeting will be able to bring a supporter of their choosing to the meeting and will be directed to appropriate sources of support. At the meeting they can present written information, evidence and the names of any Witnesses and shall have the opportunity to comment on the Dean’s written notes of any meeting that they have attended.
4.3 The Dean shall normally meet with the Reporting Person and with the Respondent to receive an oral account. The Dean may meet with any Witnesses or instead collect information through written statements. In appropriate cases, the Dean shall give anyone impacted by the alleged behaviour being investigated the opportunity to provide an Impact Statement.
4.4 In addition to investigating the Concern itself, the investigation shall include gathering information about and investigating the seriousness of the Concern, any mitigation provided by the Respondent and any relevant previous breaches of the Rules of Behaviour by the Respondent. During the investigation, it may be necessary to request further information and responses from those who have already provided oral or written accounts. Information the Dean may consider collecting, where relevant and available, includes validating information that has been provided by others, records of correspondence, CCTV evidence, medical evidence from qualified medical practitioners, and records of online activity. This is a non-exhaustive list and the Dean may request any other material that the Dean considers will provide value to the investigation. The College does not have the resources to undertake its own forensic investigation and therefore, unless this type of information already exists, the Dean shall not normally seek it.
5. Dean’s Decision
5.1 The Dean shall produce an Investigation Report, outlining the findings of the investigation.
5.2 Following the investigation, the Dean shall reach one of the following decisions:
a) To impose a minor sanction or measure, as the Dean sees fit, where a breach of the Rules of Behaviour has occurred and where it is considered that a minor sanction or measure is appropriate;
b) To refer the case to the Discipline Committee where it appears that a breach of the Rules of Behaviour may have taken place and a minor sanction or measure may not be an appropriate action;
c) Where neither a) nor b) is appropriate: (i) to take no further action; (ii) to refer the matter for decision under another procedure of the College or University.
5.3 In considering whether to impose a minor sanction or measure, or refer the case to the Discipline Committee, the Dean shall give consideration to the following factors:
a) The seriousness of the breach;
b) The harm or damage caused;
c) The advantage gained or the advantage that could have been gained by the Respondent as a result of the breach;
d) The intent and planning involved in the breach;
e) The impact on the Collegiate University Community, including the content of any Impact Statement;
f) Whether the Respondent has admitted to the breach and when such an admission took place;
g) Whether the Respondent has expressed remorse and/or shown insight into the impact of the breach;
h) The evidenced personal circumstances of the Respondent.
5.4 Where the Dean decides to impose a minor sanction or measure, one or more of the following sanctions or measures are available:
a) A written warning, which will be placed on the Respondent’s record and will make any subsequent breaches of the Rule of Behaviour more serious;
b) To require the Respondent to pay the cost of material damages up to the amount of £250;
c) To require the Respondent to provide a written apology with the agreement of the reporting person;
d) To require the Respondent to engage with an educative or reflective session;
e) To require the Respondent to complete a written reflection;
f) To require the Respondent not to contact a Reporting Person or Witness.
g) To withdraw use of facilities or locations for specified periods.
5.5 The Dean shall provide the decision and the reasons for the decision in writing within 7 days of reaching a decision alongside a copy of the Investigation Report and evidence in line with 2.22-2.27 of this procedure. Where a minor sanction or measure is imposed, the Respondent will have 5 clear working days from receiving the decision to confirm whether to accept this outcome or to appeal the decision to the Discipline Committee.
5.6 The Dean shall refer the case to the Discipline Committee for consideration where the Respondent does not agree with the decision to impose a minor sanction or measure (i.e. indicates they wish to appeal the Dean’s decision under paragraph 5.5 above); or where the Respondent does not comply with the minor sanction or measure; or where the Dean considers that a minor sanction or measure is not appropriate.
6. Discipline Committee consideration
6.1 Where the Dean refers any case to the Discipline Committee, Council shall appoint a Chair and two members to the Discipline Committee from among the members of the Panel appointed by Council who are available and have not had prior involvement in the case, but excluding Fellows closely connected to the welfare and academic progress of the Respondent and the Reporter (if a student) such as Tutor or Director of Studies. The College Administrator shall act as Secretary to the Discipline Committee.
6.2 The Discipline Committee shall consist of:
a) A Chair, who is appropriately experienced for any particular case.
b) A Senior Member of College; drawn from a panel of Governing Body Fellows but excluding Council members and Fellows closely connected to the welfare and academic progress of the Respondent and the Reporter (if a student) such as Tutor or DoS. This Panel of six eligible fellows shall be appointed annually by College Council.
c) A Junior Member of College; normally the President or Vice-President of the JCR and MCR, provided they are not closely connected socially or academically to either the Respondent or the Reporter (if the Reporter is a student). Where a Respondent or Reporter (if a student) is a member of the JCR, the Junior Member of the Discipline Committee should normally be a member of the MCR; where the Respondent or Reporter (if a student) is a member of the MCR, the Junior Member of the Discipline Committee should normally be a member of the JCR
6.3 The Secretary of the Discipline Committee shall organise a meeting of the Discipline Committee and will communicate the membership of the Committee, date, time and location of the meeting to the Discipline Committee members, the Dean and the Respondent, within 5 clear working days.
6.4 The Respondent shall be provided with a copy of the Investigation Report and evidence, have an opportunity to provide a written response and be invited to attend the Discipline Committee meeting with a supporter and/or representative of their choice. Any response or request to call witnesses from the Respondent must be provided at least 10 days before the date of the Discipline Committee meeting. A request to call a Witness will be considered by the Chair, who shall determine whether to permit the Witness to attend or provide evidence in an alternative format. A Respondent who wishes to admit the alleged misconduct in advance of the Discipline Committee meeting may do so as part of the written response, in which case the meeting may focus only on what, if any, sanction or measure to apply.
6.5 Respondents should attend the Discipline Committee in person. However, where this is impractical, for example, where the Respondent is in another country, the Chair may at their discretion permit the Respondent to attend by video link. If the Respondent is unable to attend the Discipline Committee meeting and wishes to do so, it shall be at the Chair’s discretion as to whether the Respondent has provided a sufficient reason for absence, in which case the meeting date should be re-arranged. The Discipline Committee meeting may proceed in the Respondent’s absence.
6.6 The Discipline Committee, the Respondent and the Dean shall receive a copy of the Discipline Committee papers; the Investigation Report and evidence, and any response provided by the Respondent, at least 7 days before the Discipline Committee hearing.
6.7 During the Discipline Committee meeting, there shall be the opportunity for the Committee members to ask questions of the Dean and the Respondent. The Respondent (or the Respondent’s representative) and the Dean will also have the opportunity to ask questions of each other. The Respondent shall have the opportunity to make a final statement.
6.8 It will not normally be necessary for the Reporting Person(s) and/or Witness(es) to attend the meeting as their evidence will be provided in the Discipline Committee papers, although they may attend at the discretion of the Chair. Where the Respondent wishes to challenge the evidence of a Reporting Person or a Witness, the Chair of the Discipline Committee will determine the most appropriate format for this. Appropriate formats may include the Reporting Person or Witness attending the Discipline Committee meeting in person or by video link, or questions being directed through the Chair. Alternatively, the Respondent may be asked to explain the precise challenges and, where the Chair of the Discipline Committee considers those challenges material to the Discipline Committee’s decision, a further written response will be sought from the Reporting Person or Witness. The Discipline Committee may pause the meeting to request further information where the Chair deems it appropriate to do so.
6.9 Once the Discipline Committee is satisfied that it has received all of the information, all persons except for the members and Secretary of the Discipline Committee shall withdraw.
6.10 The Discipline Committee shall consider all the information that has been provided and reach one of the following decisions:
a) To dismiss the case;
b) To find that there has been a breach of the Rules of Behaviour.
6.11 Where the Discipline Committee has found that the Rules of Behaviour have been breached, the Chair shall inform the Discipline Committee of any previous breaches more broadly. The Respondent (and any supporter or representative) and the Dean will be invited back into the meeting and the Respondent (or the Respondent’s representative) will have an opportunity to make a further statement in relation to mitigation regarding the breach of the Rules of Behaviour and any previous breaches of Rules of Behaviour. The Dean may provide further information including in relation to any Impact Statement and the Committee may ask questions. The Respondent (or the Respondent’s representative) shall have the opportunity to make a final statement.
6.12 The Discipline Committee will then consider whether a sanction or measure should be imposed. Consideration shall be given to the factors outlined in Regulation 4 of the Rules of Behaviour and paragraph 5.3 of this procedure. The Discipline Committee can consider whether a minor sanction or measure, as outlined in paragraph 5.4, should be imposed. Where a minor sanction or measure is not considered to be appropriate, the Discipline Committee can choose from the following further major sanctions and measures:
a) Temporary or permanent removal from College accommodation;
b) Temporary or permanent exclusion from membership of the College;
c) Deprivation of any award or emoluments of the College.
6.13 In deciding upon the appropriate sanction(s) or measure(s), the Discipline Committee shall consider each sanction or measure in turn and record the reasons for the sanctions or measures imposed.
6.14 The Secretary of the Discipline Committee, within 5 clear working days of the Discipline Committee reaching a decision, shall provide to the Respondent a written document explaining the Discipline Committee’s decision, reasons for the decision, any sanction or measure applied and the right of appeal. The outcome will be shared with others in line with 2.22-2.27 of this procedure.
6.15 Where a Respondent subsequently fails to comply with any sanctions or measures imposed by the Discipline Committee, further sanctions may be imposed the Discipline Committee.
7. The Appeal Committee
7.1 If one of the major sanctions described in 6.12 is applied, the Respondent shall have the right to appeal the decision of the Discipline Committee within 14 days of receiving the written decision.
7.2 An appeal can be submitted on the following grounds, that:
a) The procedures were not followed properly;
b) The Discipline Committee reached an unreasonable decision;
c) The Respondent has new material evidence that the Respondent was unable, for valid reasons, to provide earlier in the process;
d) There is bias or reasonable perception of bias during the procedure;
e) The major sanction imposed was disproportionate, or not permitted under the procedures.
7.3 In order to appeal the Discipline Committee’s decision, the Respondent will need to submit a letter of Appeal to College Council, which includes all evidence the Respondent wishes to be considered as part of the appeal. The College Council will instruct the Chair of the Appeal Committee to consider the Appeal The Chair of the Appeal Committee has the authority to extend the appeal deadline, where there is a compelling reason to do so. The College will normally aim to make a decision regarding an appeal within 30 days of the Respondent making the appeal. The College Administrator shall act as Secretary to the Appeal Committee.
7.4 If the appeal has been made on the specified grounds and within the timeframe, as determined by the Chair of the Appeal Committee, the Chair shall assign members of the Appeal Committee from among the members of the Panel appointed by Council who are available and have not have prior involvement in the case, but excluding Fellows closely connected to the welfare and academic progress of the Respondent and the Reporter (if a student) such as Tutor or Director of Studies.
7.5 The Appeal Committee shall consist of:
a) A Chair, who is appropriately experienced for any particular case;
b) Two Senior members of College, excluding any fellows closely connected to the welfare and academic progress of the Respondent or the Reporter (if a student) such as Tutor or DoS;
7.6 The Secretary of the Appeal Committee shall organise a meeting of the Appeal Committee either physically or virtually and communicate the date, time and location for the meeting to members of the Committee. The Respondent will be informed of the members of the Appeal Committee.
7.7 The Appeal Committee shall receive the Respondent’s Appeal Form and evidence, the Discipline Committee outcome, the notes of the Discipline Committee and the material considered by the Discipline Committee at least 7 days before the Appeal Committee meeting.
7.8 The Appeal Committee shall normally consider an appeal in private based on the written materials, but has the discretion to request further information; where this happens the Respondent shall be sent a copy of any further information and be given an opportunity to provide a written response. It may also hear from the Respondent in person if the Committee so decide.
7.9 The Appeal Committee shall consider all the information that has been provided and reach one of the following decisions:
a) To dismiss the appeal;
b) To uphold the appeal.
7.10 Where the Appeal Committee has upheld an appeal, it has the power to impose its own decision, including sanctions or measures. Where the Appeal Committee considers a breach of the Rules of Behaviour has taken place, it can impose any sanction or measure outlined in paragraphs 5.4 and 6.12 of this procedure, including more or less significant sanctions or measures than were imposed by the Discipline Committee for the same breach.
7.11 The Secretary of the Appeal Committee, within 7 days of the Appeal Committee reaching a decision, shall provide to the Respondent a written copy of the Appeal Committee’s decision, reasons for the decision, and any substituted decision. This is the final stage of the internal process and therefore the Respondent will be issued with a Completion of Procedures letter.
7.12 Where the Discipline Committee has imposed a sanction or measure and the Respondent has appealed, the sanction or measure will not normally be implemented while the appeal is being considered. Following the Appeal Committee’s decision, any sanctions or measures shall be implemented, even if the Respondent intends to raise a complaint with an external body.
7.13 Where a Respondent subsequently fails to comply with any sanctions or measures imposed by the Appeal Committee, further sanctions may be imposed the Appeal Committee.
8 Reporting and Monitoring
8.1 The College Council shall monitor all Concerns reported made using this procedure and shall produce an annual report summarizing the anonymised decisions made by the Dean, the Discipline Committee and the Appeal Committee. The annual report shall be submitted by the College Administrator to Council.
9.2 The purpose of this monitoring shall be to ensure that decisions are made consistently and at the appropriate level; that appropriate action is taken on issues identified and that information gathered is used to improve guidance and support for students and staff involved in the procedure.
Ordinance 37a - Formal Procedure for consideration of cases of student-on-student harassment and sexual misconduct
1.1 In this procedure the following terms shall have the meanings set out below:
• College Policy on Harassment and Sexual Misconduct – sets out the definitions of harassment and sexual misconduct, and expected behaviours in College (applies to all members of College).
• Complainant - a student who has made a complaint under this procedure
• Working Day - any day except weekends, public holidays and any other day when the University Offices are closed
• Respondent - a student about whom a complaint has been made under this procedure
• Student - a matriculated student following a course leading to the award of a degree, diploma, or certificate of the University
2. Scope of Procedure
2.1. This procedure applies where a student wishes to complain that the behaviour of a Murray Edwards student contravenes the College’s Policy in respect of Harassment and Sexual Misconduct.
2.2. Murray Edwards College has a general Complaints Procedure under which a student may raise other types of complaint, including a complaint about the College experience or about a member of College staff.
2.3. Because this procedure places an emphasis on reaching consensual resolution, complaints made by a third party and anonymous complaints will not normally be accepted. Tutors and others may wish to discuss alternatives to the use of this procedure with the Senior Tutor.
2.4. It is possible for a complaint under this procedure to be brought by or against two or more Murray Edwards College students where the complaint is about harassment arising from the same event(s). In such cases, references in this procedure to the ‘Complainant’ or the ‘Respondent ’ shall be construed as appropriate as referring to more than one person.
2.5. A Complainant may choose whether to raise a complaint under this procedure, the College’s Disciplinary Procedure or under the University Procedures. However, it is the expectation of the College and the University that the University procedure will be used where:
a) the complaint relates to sexual misconduct; or
b) the complaint relates to conduct occurring in the context of University societies or sports clubs; or
c) the Respondents include students from Murray Edwards College and another College.
2.6. A complaint of harassment may be brought under this procedure whether or not it has been reported to the Police – but see paragraph 3.6 below.
2.7. A complaint cannot be brought under this procedure if the Complainant has previously made a complaint about the same event(s) which has been dealt with under the University’s procedure.
2.8. No inferences shall be drawn from the Complainant's choice of avenue to pursue the complaint, be it via the College’s procedure, the University’s procedure or the Police.
3. General Principles
3.1. Any reference in this procedure to a College officer or other named role includes a deputy who may be appointed by that officer or role-holder to exercise the functions assigned to that officer under this procedure.
3.2. The College will act reasonably in considering complaints under this procedure, having regard to the individual circumstances of the case. Every effort will be made to ensure that all parties are treated with fairness and dignity.
3.3. The time limits set out in this procedure may be varied by the Senior Tutor for good reason, after consultation with the Complainant and the Respondent as appropriate.
3.4. A written decision issued in accordance with this procedure shall also include the reasons for that decision.
3.5. The Senior Tutor may suspend the consideration of a complaint at any stage of this procedure and/or refer the matter for consideration under another procedure, after consultation with the Complainant and the Respondent as appropriate.
3.6. Where the events which are the subject of a complaint under this procedure have been reported to the Police, the Senior Tutor will suspend the procedure pending the outcome of any police investigation and/or criminal proceedings.
3.7. Under this procedure the President, on the advice of the Senior Tutor, shall have power to impose any precautionary measures set out below for a period of up to 21 days, in the first instance, where the President considers that any such measures are necessary:
a) to ensure that a full and proper investigation can be carried out in relation to any matter (whether under a procedure in the College, or by the University or the Police); and/or
b) to protect any person while any matter is being dealt with under a procedure in the College or as part of a criminal process.
If a police investigation is still ongoing at the end of a period of precautionary measures, the President shall have the power to extend any precautionary measures imposed for additional periods of no more than 21 days in duration.
3.8. The precautionary measures which the President may impose are any one or more of the following:
a) excluding the person from some or all of the College’s facilities and/or premises;
b) imposing conditions on the person
i. in connection with that person’s use of the College’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
c) suspending the person in question either in full or in part from their studies.
3.9. The Senior Tutor will inform the University, through the Head of the Office of Student Conduct, Complaints and Appeals, of precautionary action taken in respect of individual students.
3.10. Individual students who are subject to precautionary measures imposed by the President under this procedure have the right to ask for a review of the decision. This review will be conducted in accordance with paragraph 6.4 of the procedure.
3.11. Where, at any point during this procedure, the Complainant and Respondent have agreed to seek alternative resolution of the complaint under section 5 but have been unable to reach an agreed outcome, the Senior Tutor will consider whether further action should be taken under this procedure and, if so, at what stage of the procedure.
3.12. The Complainant may withdraw a complaint at any time during this procedure, by notifying the Senior Tutor in writing. Where a complaint is withdrawn no further action will be taken under this procedure, but the Senior Tutor may, if appropriate, refer the matter for consideration under another College procedure.
3.13. To ensure that there are no conflicts of interest, no person serving under this procedure as a member of a decision-making body or as an Investigator will have any previous knowledge of the case nor any material connection to the Complainant or the Respondent. The Complainant or the Respondent (or their representatives) will be entitled to object to the involvement of an individual for good cause. The holders of the offices to which this procedure refers shall appoint standing deputies to act on their behalf in the event of any conflict of interest.
4. Support and Guidance
4.1. The Senior Tutor will provide advice at the outset to help both Complainants and Respondents to understand this procedure. Students may also consult their Tutors.
4.2. Complainants, Respondents and witnesses are entitled to be accompanied by a supporter at any meeting held under this procedure. A supporter may be a Fellow of the College (for instance, a Tutor or Director of Studies) or of another College, a student representative, a family member or a friend.
4.3. Appendix B1 of this procedure sets out the College’s policy on the use of personal information under this procedure. A copy of the Appendix will normally be provided to Complainants, Respondents and witnesses to events relating to the complaint so that they understand how their personal information will be used and the limits on confidentiality. The policy indicates the College and University officers with whom the information is likely to be shared.
4.4. First contact with possible student witnesses at another College will normally be made via their Senior Tutor.
5. Alternative Resolution
5.1. Alternative resolution may be suitable for dealing with some cases that are brought under this procedure, and, wherever appropriate, Complainants are encouraged to consider seeking alternative resolution to their concerns before bringing a formal complaint under this procedure.
5.2. Alternative resolution may not be appropriate for some complaints of harassment because the relationship between the parties has broken down or because of the nature of the complaint. In such cases, the complaint will be considered in accordance with the formal procedure (section 6).
6. Formal Procedure
6.1. Raising a complaint
6.1.1. A student who wishes to make a complaint under this procedure must do so in writing. The Complainant should set out details of the complaint together with details of any attempts at alternative resolution, if appropriate.
6.1.2. The complaint should be addressed to the Senior Tutor.
6.1.3. On receipt of the complaint the Senior Tutor will give the case initial consideration and determine whether to:
a) refer the complaint for investigation under paragraph 6.2 of this procedure;
b) recommend to the Complainant that they should seek alternative resolution of the complaint;
c) decline to refer the complaint for investigation under this procedure and recommend to the Complainant that they should raise it under the College Disciplinary Procedures or University procedures;
d) dismiss the complaint because it is considered to be without merit, or, in very exceptional cases, as vexatious, frivolous or malicious;
e) reject the complaint because it does not fall within the scope of this procedure;
f) decline to refer the complaint for investigation under this procedure for other reasons.
6.1.4. The Senior Tutor will notify the Complainant in writing of the outcome of this initial consideration within ten Working Days of receipt of the written complaint.
6.1.5. In the event that the outcome of this initial consideration falls within paragraph 6.1.3 (b)–(f) and the Complainant is unhappy with that decision, the Complainant shall have the right to request a review of that decision. The review will be considered by a panel appointed in accordance with paragraph 6.4.
6.2.1. Where a complaint is referred for investigation, the Senior Tutor will appoint a trained Investigator to carry out an investigation of the case. The role of the Investigator is to prepare a report that sets out the undisputed facts of the case and any points of difference, and makes recommendations based on the evidence and policies in place.
6.2.2. The Investigator shall conduct the investigation as they think fit, within the context of the general principles set out in section 3. The Investigator may interview (with their consent) the Complainant and the Respondent and any other person involved in, or who witnessed, the events which are the subject of the complaint, and consider or request any other evidence which appears to the Investigator to be relevant.
6.2.3. The College will abide by the confidentiality of any mediation, and anything which is said in the course of mediation will not be used in evidence in any College disciplinary proceedings.
6.2.4. The Investigator will offer to have individual meetings with the Complainant and with the Respondent, and may also seek to have a meeting with any witnesses (all of whom may be accompanied, as noted in paragraph 4.2). Each meeting will be minuted and the minutes agreed with those present as a correct record (or any disagreement noted). The Respondent will not be provided with a copy of the Complainant’s written complaint in advance of the meeting with the Investigator but will be provided with information on the substance of the allegation(s). The notes of any individual meetings will not form part of the Investigator’s report unless the consent of the respective party for their inclusion has been given.
6.2.5. Where the Respondent declines to cooperate with an investigation, the Investigator may still continue with the investigation in the absence of the Respondent’s cooperation.
6.2.6. The Investigator will aim to complete the investigation within twenty Working Days of the complaint being referred for investigation, but some cases may require longer, in which case the Investigator will keep the Complainant and the Respondent informed about progress.
6.2.7. The Investigator’s report will normally be released to the Complainant and the Respondent, save that parts may be redacted where the Complainant or Respondent or any witness reasonably objects.
6.2.8. On receipt of the Investigator’s report, the Senior Tutor may:
a) recommend to the Complainant and the Respondent that they should seek alternative resolution of the complaint;
b) propose one or more of the resolutions set out in paragraph 6.3.1;
c) refer the complaint for consideration under the College’s disciplinary procedures;
d) dismiss the complaint because it is considered to be without merit or, in very exceptional cases, as vexatious, frivolous or malicious;
e) decide that no further action should be taken under this procedure.
6.2.9. The Complainant and the Respondent will normally be notified in writing of the decision of the Senior Tutor within twenty Working Days of the receipt of the Investigator’s report.
6.2.10. In the event that a decision falls within paragraph 6.2.8 (a), (b), (d) or (e) and the Complainant is unhappy with that decision, the Complainant shall have the right to request a review of that decision in accordance with paragraph 6.4.
6.3.1. The Senior Tutor may propose a resolution to the complaint, which may include:
a) that the Respondent will agree to abide by a conduct agreement issued by the Senior Tutor, a record of which will be retained by the College and which may be taken into account if a further complaint is made against the Respondent under this procedure;
b) that the Respondent change accommodation;
c) with the prior approval of the relevant University body, that the Respondent will take a period of intermission from study;
d) that the Respondent will attend behaviour awareness training or workshops.
6.3.2. Both the Complainant and the Respondent must agree to the proposed resolution of the complaint. The Senior Tutor will facilitate the process of reaching agreement between the Complainant and the Respondent and will issue written confirmation of any agreed resolution(s) to the Complainant and the Respondent.
6.3.3. If attempts at reaching an agreed resolution are unsuccessful, the Senior Tutor shall refer the complaint for consideration under the College’s disciplinary procedures.
6.3.4. If there are grounds to believe that the Respondent has failed to comply with the terms of an agreed resolution, the Senior Tutor shall determine whether the complaint should be referred for consideration under the College’s disciplinary procedures, to be found in the College’s Ordinances.
6.3.5. Respondents taking medical or veterinary sciences should be aware that a proposed resolution may be reported by the Senior Tutor to the Medics and Vets Progress Panel. This action would only be taken after discussion with the Respondent.
6.4.1. The Complainant or Respondent may seek a review of a decision made under this procedure. Hereinafter, the term Review Requestor means the student requesting the review under this procedure.
6.4.2. The review will be carried out by a panel of three persons appointed by the President, one as chair of the panel, drawn from members of the Fellowship.
6.4.3. A request for a review shall be made in writing and sent to the President within 15 Working Days of written notification of the relevant decision (unless, for good reason, the President permits a longer period). The request for review shall specify the grounds for review which may be only one or more of the following:
a) that there was material procedural irregularity in the consideration of the Complainant’s complaint;
b) that there was bias or prejudice on the part of the decision-maker;
c) that the decision reached was perverse in that it was one which no reasonable decision-maker could have reached on the available evidence;
d) that new material evidence is available, which was not available and/or not presented for good reason at the time of the original decision.
6.4.4. The request for a review should be accompanied by supporting documentation.
6.4.5. The review panel will consider the request for review and the documentation available to the original decision-maker. The review panel may, at its discretion, hold a hearing and regulate arrangements for the conduct of the hearing.
6.4.6. The review panel will issue an adjudication in writing as soon as possible, which shall normally be within twenty Working Days of the receipt of the request for a review or (if a hearing is held) within ten Working Days of the hearing. The review panel shall have power to confirm, quash, or amend the original decision or refer it back to the decision-maker for further consideration.
6.4.7. If the review panel confirms the original decision, the Review Requestor will be issued with a Completion of Procedures letter when provided with the adjudication. If the review panel issues an amended decision then the Review Requestor will be offered a Completion of Procedures letter when provided with the adjudication. Where the Review Requestor remains dissatisfied with the outcome of the procedure, the Completion of Procedures letter will enable the student to submit a complaint to the external ombudsman, the Office of the Independent Adjudicator.
7.1. An annual report of complaints considered under this procedure will be made to the College Council in which references to individual cases will be made anonymously.
7.2. The Senior Tutor will be responsible for the regular review of this procedure.
Council Minutes 87/165, 05/213, 05/226
Meetings on College premises shall be conducted under Section 43 of the Education (No.2) Act 1986.
The Dean shall issue instructions that she or he is to be informed of all student meetings held in College.
Council Minutes 75/9, 75/40, 81/22, 81/68, 83/85, 84/55, 84/164, 95/93, 09/215,15/113
All matriculated members of the College, on ceasing to be resident members of the College, shall be regarded as members of the New Hall Society. Fellows of the College, on ceasing to hold a Fellowship, shall be members. Members of the Governing Body and College Officers shall be honorary members.
The constitution of the New Hall Society shall be as from time to time approved by the Council.
Council Minutes 77/30, 81/66, 81/67, 82/162, 88/7, 95/94, 04/6, 04/27, 09/08, 09/257, 20/04
The College shall promote the maintenance of two Unions or Associations for members of the College in statu pupillari. One shall be for undergraduate members (known as Murray Edwards College Student Union – MECSU), another for postgraduate members (known as the
MCR). Undergraduates and postgraduates shall be advised by the start of Michaelmas Term that they may opt-out of membership of their respective Union or Association for the duration of that academic year.
Council minute 23/05
1. The opening times of the Bar during Full Term shall be determined by the Deputy Bursar, in consultation with the student body. These will be displayed in the Bar and on other suitable College notice boards. Times of opening outside Full Term shall be determined by the Deputy Bursar.
2. Use of the College Bar shall at all times comply with the terms of the College’s licence and law.
- There shall be a society at Murray Edwards College known as the Gabe Society in memory of Dorothy Gabe, late Reader in French Renaissance Literature and the first Fellow in Modern and Medieval Languages in the College. The principle aim of the Society is to stimulate academic achievement, provide undergraduate students with a focus for scholarly exploration and inquiry, and offer the opportunity to present a talk based on their academic work.
- Members of the Society shall be undergraduate and postgraduate students in Modern and Medieval Languages and Linguistics (MMLL) and in History and Modern Languages (HML) and Fellows of the College in MMLL.
- There shall be a President and Secretary of the Society chosen by and from the Fellows in MMLL (the Senior Members of the Gabe Society). The election of officeholders will take place in September and run for three years.
- The society shall meet once a term. In the Michaelmas and Lent Terms, final-year students will give presentations on a topic of their choice followed by discussion and a buffet supper. In the Easter Term a Guest Speaker will normally be invited to give a talk, followed by the Society’s Annual Dinner.
- Funding for events shall be provided by the John Guthrie Fund (created by the Memorandum of Agreement of 21.12.2018), from the Gabe Fund, and from the Entertainment Allowances of Fellows and Directors of Studies in MMLL.
- The President and Secretary of the Society shall liaise with the Bursar in September of each year as to the balance of these funds.
- The Senior Members of the Gabe Society shall meet annually, normally before the beginning of Michaelmas Term, to review funds and to set the budget and schedule for the Society’s activities for the following academic year.
- The Dorothy Gabe Award of £400 is given to a Murray Edwards student for a distinguished performance in Part II of the MMLL or HML Tripos. The award is funded by the Gabe Award Fund. The Secretary of the Society shall advise the College Council of the name of the student before the relevant meeting of Council.
1 In addition, the President may call informal Fellows' Meetings which take place from time to time, primarily to allow an exchange of views and general discussion, and which have no basis in Statute.