Calendar 2013/14

Statutes

1. Definitions
2. The Members of the University
3. The Chancellor
4. The Pro-Chancellors
5. The Vice-Chancellor
6. The Deputy Vice-Chancellors
7. The Registrar and Secretary
8. The Auditor or Auditors
9. The Council
10. Powers of the Council
11. Rights of Alumni
12. The Students' Guild
13. Founding of Fellowships
14. Fees
15. Committees
16. Ordinances
17. Removal of Certain Officers and Members and Vacation of Office and Membership
18. Disciplinary, Removal and Grievance Procedures
19. Acts during Vacancies
20. Interpretation of Statutes

Section 1 Definitions

1. In these Statutes

"University" means the University of Exeter

"Charter" means the Charter of the University.

"Council" means the Council of the University.

"Senate" means the Senate of the University.

"Faculty" means a Faculty of the University.

"Academic Staff" means all persons holding appointments in the Education and Research, Education and Scholarship and Research job families.

"Professional Services Staff" means all persons holding appointments in the support staff job family.

"Alumni" means Alumni of the University as defined in Clause 14 of the Charter.

"Statutes" means the Statutes of the University.

"Ordinances" means Ordinances made by the Council pursuant to the Charter or Statutes and includes Temporary Ordinances.

"Regulations" means Regulations made by the Senate and confirmed by the Council pursuant to the Charter or Statutes.

In these Statutes words importing the masculine shall include the feminine and, unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.

2. Words defined in the Charter or the Statutes shall have the same meaning in the Ordinances and the Regulations unless the context be repugnant thereto.

3. The Interpretation Act 1889, shall, save where the context otherwise requires, apply to these Statutes as it applies to an Act of Parliament.

Section 2 The Members of the University

1. The following persons shall be members of the University: -

The Officers of the University, viz., The Chancellor, the Pro-Chancellors, the Vice-Chancellor and the Deputy Vice-Chancellors, and the Deans of the Faculties.

The Members of the Council.

The Members of the Senate.

The Members of the Academic Staff.

The Emeritus Professors.

The Registrar and Secretary and the Director of Academic Services.

The Members of Professional Services Staff.

Such other Officials of the University and such other Teachers as shall under the Ordinances or under the Regulations made by the Council be granted the status of Members.

Alumni.

Registered Students.

2. Membership of the University shall continue so long only as one at least of the qualifications above enumerated shall continue to be held by the individual member.

Section 3 The Chancellor

1. The Chancellor shall be appointed by the Council.

2. The Chancellor shall hold office for a period of five years, renewable for one further period of five years. The Chancellor may resign in writing to the Registrar & Secretary.

3. The Chancellor may resign by writing addressed to the Council.

Section 4 The Pro-Chancellors

1. The Pro-Chancellors shall be appointed by the Council.

2. The Pro-Chancellors shall hold office for three years and shall be eligible for re-election after three years up to a maximum term of nine years. Previous service on Council will be disregarded in calculating the maximum nine year term of office.

3. A Pro-Chancellor may resign by writing addressed to the Council.

Section 5 The Vice-Chancellor

1. The Vice-Chancellor (other than the first Vice-Chancellor) shall be appointed by the Council after consideration of a Report from a Joint Committee of the Council and Senate. The Committee shall consist of a Pro-Chancellor as Chair, three members of the Council appointed by the Council and three members of the Senate appointed by the Senate. The retiring Vice-Chancellor shall not be a member of such a Committee.

2. The Vice-Chancellor shall hold office for such period and under such conditions as shall be determined by the Council subject to any provisions in the Statutes or Ordinances.

3. The Vice-Chancellor may resign by writing addressed to the Council.

4. The Vice-Chancellor shall have a general responsibility to the Council for maintaining and promoting the efficiency and good order of the University.

Section 6 The Deputy Vice-Chancellors

1. The Deputy Vice-Chancellor or Deputy Vice-Chancellors shall be appointed by the Council from among the past or current members of the Senate taking office as Deans of Faculty or College and the current members of the Professoriate, after consideration of recommendations from the Vice-Chancellor, endorsed by the Senate.

2. The Deputy Vice-Chancellors shall be appointed in a manner and for a term prescribed by Ordinance.

3. Each academic year one of the Deputy Vice-Chancellors shall be appointed Senior Deputy Vice-Chancellor, in a manner prescribed by Ordinance.

4. The Senior Deputy Vice-Chancellor or, in the absence of the Senior Deputy Vice-Chancellor, another Deputy Vice-Chancellor shall act as Vice-Chancellor during a vacancy in the office of Vice-Chancellor or during the absence, inability or incapacity of the Vice-Chancellor.

5. A Deputy Vice Chancellor may temporarily suspend any student from any class or classes, and may temporarily exclude any student from any part of the University or its precincts (in accordance with Regulations, Disciplinary and other Procedures for Students).

6. A Deputy Vice-Chancellor may resign in writing addressed to the Council.

Section 7 The Registrar and Secretary

1. The Council shall from time to time after consideration of a Report from a Joint Committee of the Council and Senate appoint a Registrar and Secretary with such duties at such remuneration and (subject to Section 18) upon such terms and conditions as the Council shall deem fit. The Registrar and Secretary shall have power with the consent of the Council to delegate duties to a deputy or deputies.

2. The Registrar and Secretary shall be responsible for providing secretarial services for the Council, the Senate and Faculties, and for the administration of the University.

3. The Registrar and Secretary shall receive on behalf of the University any money or property payable or deliverable to the University and a receipt shall be sufficient discharge for same.

Section 8 The Auditor or Auditors

1. The Council shall from time to time appoint an Auditor or Auditors. Provided that: -

(a) no persons shall be qualified to be so appointed unless they are members of one or more of the following bodies: -

The Institute of Chartered Accountants in England and Wales:

The Institute of Chartered Accountants of Scotland;

The Association of Chartered Certified Accountants;

The Institute of Chartered Accountants in Ireland;

Any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of the Companies Acts.

(b) no person shall be appointed Auditor who is, or any of whose Partners is, a member of the Council, or Academic Staff or Professional Services Staff.

2. The Auditor or Auditors shall hold office for one year and shall be eligible for re-appointment.

3. The Auditor or Auditors shall receive such remuneration as may be determined by the Council.

4. The Auditor or Auditors shall give certificates upon all such matters as the Ordinances or Regulations may prescribe.

5. The Auditor or Auditors may resign by writing addressed to the Council.

6. The Auditor or Auditors shall have the right of access at all reasonable times to the books, records, accounts and vouchers of the University and shall be entitled to require from the Officers of the University such information and explanations as may be necessary for the performance of his/hers or their duties.

Section 9 The Council

1. The Council shall consist of the persons who hold the offices set out in or are appointed as provided in the following classes:

Class I. Officers of the University

The Pro-Chancellors, of whom one, if present, shall preside.

The Vice-Chancellor.

Two Deputy Vice-Chancellors one of whom shall be the Senior Deputy Vice-Chancellor and the other appointed as set out in the Ordinances.

Class II. Members Appointed by Council

At least nine members and not more than eleven, none of whom shall be students or employees of the University, appointed by the Council.

Class III. Members Appointed by the Senate

Three members of the Senate appointed by the Senate.

Class IV. Member of Professional Services Staff

One member of the Professional Services Staff of the University to be elected from and by those staff by such means as the Ordinances may prescribe.

Class V. Student Member

The President of the Students' Guild.

2. Members of the Council included in Classes I, III, IV and V shall hold office while they occupy the positions named.

3. One third of the members of Class II shall retire each year.

4. Members of the Council included in Classes II, III and IV shall hold office for three years.

5. All casual vacancies shall be filled by the body which appointed the representative whose place has become vacant. Any person appointed to fill a casual vacancy shall be appointed only for the remainder of the period for which the person whose place has become vacant was appointed except for Class IV where the provisions set out in the Ordinances will apply.

6. All retiring members shall be eligible for reappointment for a further term of three years, to a maximum of nine years.

7. Any member of the Council may resign at any time by writing addressed to the Registrar and Secretary.

8. The quorum for a meeting of the Council shall be seven, including at least four lay members.

9. The Registrar and Secretary shall act as Secretary to the Council and shall keep minutes of its proceedings. The Secretary shall not be entitled to vote.

Section 10 Powers of the Council

Save as otherwise provided by the Charter and Statutes the Council shall exercise all the powers and authority of the University, which shall include without limitation the following powers and functions: -

1. To appoint the Chancellor, Pro-Chancellors, Vice-Chancellor, Deputy Vice-Chancellors, Deans of the Faculties, Registrar and Secretary as provided in the Statutes; and subject in each case to the consideration of such report or recommendation as is provided in the Statutes in regard thereto.

2. To appoint and appraise all members of Staff of the University, or to delegate responsibility for the same.

3. To suspend or remove all members of Staff of the University (such powers being delgated in accordance with Statute 18 and Ordinances made under that Section.)

4. To confer the title of Emeritus Professor subject to conditions prescribed in the Ordinances.

5. To make Statutes provided that the decision to do so has been approved by a two-thirds majority of the members present and voting and that no Statute shall be made without the Senate having an opportunity of reporting thereon to the Council.

6. Subject to the Charter and the Statutes to make Ordinances for any matters in respect of which Ordinances are authorised to be made provided that no Ordinance shall be made without the Senate having an opportunity of reporting thereon to the Council.

7. To govern, manage and regulate the finances, accounts, investments, property, business and all affairs whatsoever of the University and for that purpose to appoint bankers and any other officers or agents whom it may deem expedient to appoint.

8. To invest any moneys belonging to the University including any unapplied income in such stocks, funds, fully paid shares or securities as the Council shall from time to time think fit whether authorised by the general law for the investment of trust moneys or not and whether within the United Kingdom of Great Britain and Northern Ireland or not (subject to the Charter) in the purchase of freehold or leasehold hereditaments in the United Kingdom including chief rents and ground rents with the like power of varying such investments from time to time provided that the Council may in its discretion retain as long as it shall think fit any investment given or bequeathed to the University although not coming within the description of investments authorised as aforesaid.

9. To sell, buy, exchange, lease and accept leases of real and personal property on behalf of the University.

10. To provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University.

11. To borrow money on behalf of the University and for that purpose if the Council think fit to mortgage all or any part of the property of the University whether real or personal unless the conditions of any Will, Deed of Gift or other similar instrument are thereby contravened or give such other security whether upon real or personal property or otherwise as the Council think fit.

12. To enter into, vary, carry out and cancel contracts on behalf of the University.

13. To authorise the initiation of legal proceedings or defend or compromise legal proceedings in the name of and on behalf of the University.

14. To review the instruction and teaching of the University.

15. To promote and to make provision for research within the University and to require reports from time to time on such research.

16. To review, amend or refer back any act of the Senate required under these Statutes to be reported to the Council.

17. To refer to the Senate the names of persons proposed as recipients of honorary degrees and to approve or disapprove the names of persons proposed by the Senate as recipients of such degrees provided that no person shall be admitted by the University to an honorary degree whose name has not been approved for that purpose both by the Council and by the Senate.

18. To have the sole custody and use of the Seal.

19. To delegate all or any of its functions, powers and duties to any person or body subject to Statute Section 10 (20).

20. The Council shall not delegate responsibility for:

(a) appointing the Vice-Chancellor

(b) the variation, amendment or revocation of the Charter or Statutes;

(c) the approval of the University’s annual audited accounts;

(d) appointing the Auditors of the University;

(e) making or amending Ordinances;

(f) approving the annual budget.

Section 11 Rights of Alumni

Alumni shall have the following rights:

(a) To be nominated for membership on Council and/ or the Council Nominations Committee, and to put forward nominations for membership of the Council for consideration by Council Nominations Committee.

(b) To give an opinion on any matter whatsoever relating to the University (through alumni representatives on Council, the Alumni Network Group and other bodies or directly to the University via the Development and Alumni Relations Office.)

Section 12 The Students' Guild

1. There shall be a Students' Guild of the University and there shall be a Guild Executive which shall have a President and other such officers as determined by the Memorandum and Articles of Association.

2. The Ordinances shall prescribe the constitution, functions, privileges and other matters relating to the Students' Guild.

Section 13 Founding of Fellowships

The University may from time to time found and endow and amalgamate at its discretion Fellowships, Scholarships, Exhibitions and other Prizes for which funds or property may, by bequest, donation, grant or otherwise be provided, and the Senate may with the approval of the Council make regulations respecting the same and the tenure thereof, but, except as aforesaid, and except by way of prize, reward, special grant, or remuneration for services rendered or to be rendered, in the past, present or future respectively the University shall not make any gift, division or bonus in money unto or between any of its members.

Section 14 Fees

The University may demand and receive from any student of the University or any other person receiving instruction from the University such fees, fines and other dues as the Council may from time to time appoint.

Section 15 Committees

1. The Council, Senate and Boards of Faculties may from time to time appoint such and so many standing, special, joint or advisory Committees and Boards of Studies as may seem to them fit and may if they think fit place on them persons, not being more than one half of the number of the Committee, who are not members of the appointing bodies. Such Committees may deal with any matters delegated to them subject to subsequent confirmation by the appointing body. Provided that nothing in this paragraph shall enable the Council to delegate its powers to reach a decision under Section 18.

2. Except as provided in paragraph 3 of this Section the Council may make Regulations for the proceedings of all Committees and Boards of Studies but subject thereto every Committee may regulate its own procedure, times and places of meeting.

3. The Constitution and procedure of any Joint Committees of the Council and the Senate shall be prescribed by Ordinance.

4. The Vice-Chancellor and the Chairman of the Council shall be ex-officio members of every Committee of the Council.

5. The Vice-Chancellor and the Deputy Vice-Chancellors shall be ex-officio members of all Committees of the Senate and shall have the right to attend meetings of the Boards of the Faculties.

6. The Deans of the Faculties shall be ex-officio members of all Committees of their respective Faculties.

Section 16 Ordinances

1. Ordinances shall be made by the Council and may subject to the Charter and Statutes deal with the following matters:

(1) The finances, investments and accounts of the University.

(2) The payment and amount of fees to be exacted within the University or in relation to the enjoyment of privileges therefrom.

(3) The duties and powers of the Senate and the Boards of Faculties.

(4) The duties and powers of Advisory and other Boards.

(5) The admission of students.

(6) The Degrees (honorary, ad eundem and substantive), Diplomas, Certificates and Distinctions to be awarded by the University, the qualifications for the same (inclusive where necessary of examinations) and the means and steps to be taken relative to the granting and obtaining of the same.

(7) The withdrawal of Degrees, Diplomas, Certificates and Distinctions.

(8) The conditions of  employment, including remuneration and other benefits, of Academic and Professional Services staff.

(9) Extra-Mural Studies.

(10) The tenure of office and terms and manner of appointment and the duties of the Examiners and Examining Boards.

(11) The provisions and tenure of Fellowships, Scholarships, Exhibitions, Prizes, Rewards and pecuniary and other aids.

(12) Discipline in regard to the Graduates, Undergraduates and other Students of the University.

(13) Halls, Hostels or other premises for the residence or accommodation of students.

(14) The removal or suspension from Membership of the University of Graduates and Undergraduates.

(15) The inspection and examination of Colleges, Schools and other Institutions and the Scholars and Students therein and the grant of Certificates.

(16) The conditions of affiliation and recognition of Colleges and Institutions and of their admission to any of the privileges of the University, the recognition of Teachers of or for the University, and the termination or the modification of the terms of such affiliation or recognition.

(17) The University Library.

(18) The Museums of the University.

(19) All such other matters as are required or authorised by the Charter or Statutes to be prescribed by means of Ordinances.

(20) Any other matters which are not required by the Charter or Statutes to be dealt with by Statutes.

2. Ordinances may, subject to the Charter and Statutes, provide that any of the matters referred to in this Section may be dealt with by Regulations.

3. Ordinances shall be effective and binding when made by the Council.

Section 17 Removal of Certain Officers and Members and Vacation of Office and Membership

Any Pro-Chancellor and any Member of the Council who becomes of unsound mind or is found guilty of misconduct may be removed by the Council.

Section 18 Disciplinary, Removal and Grievance Procedures

1. In relation to the University's staff, Council shall ensure that there are in place procedures for

(i) the handling of disciplinary cases, including the dismissal of members of staff by reason of misconduct and for appeals agaisnt disciplinary action;

(ii) the dismissal of members of staff by reason of redundancy and appeals against such dismissals;

(iii) the dismissal of an employee (following confirmation in post after his/her probationary period) by reason of unsatisfactory performance and appeals against such dismissals;

(iv) the dismissal of members of staff on the grounds of ill health or medical incapacity and appeals against such dismissals;

(v) the handling of grievances raised by members of staff.

(vi) the handling of students' complaints and academic appeals.

2. In determining the procedures to be adopted under paragraph 1, Council shall apply the following guiding principles

(i) to ensure that staff in the academic job families have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges;

(ii) to enable the university to provide education, promote learning and engage in research efficiently and economically; and

(iii) to apply the principles of justice and fairness.

3. Any Ordinance made under this paragraph shall be construed in every case to give effect to the guiding principles in paragraph 2.

4. For the avoidance of doubt, any procedure adopted by Council for the dismissal of academic staff by reason of redundancy shall not apply to a member of academic staff whose appointment was made, or contract of employment entered into, on or before 19 November 1987, and who has not been promoted after that date.

5. The provisions to be applied to the Vice-Chancellor will be prescribed in Ordinances.

Section 19 Acts during Vacancies

No act or resolution of the Council or the Senate shall be invalid by reason only of any vacancy in the body doing or passing it or by reason of any want of qualification by or invalidity in the election or appointment of any Member of the body whether present or absent.

Section 20 Interpretation of Statutes

These Statutes shall not be interpreted in such manner as to conflict with the Charter.