Council Regulations 3 of 2017

Made by Council with effect from 15 February 2017 (Supplement (1) to Gazette No 5149, 16 November 2016)

Amended by Council with effect from 20 October 2017 (Gazette, Vol.148, p.58, 5 October 2017), 9 August 2019 (Gazette, Vol.149, p.634, 25 July 2019) and 6 March 2020 (Gazette, Vol.150, p.263, 20 February 2020)

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1. These procedures do not apply to a Review Panel constituted under section 28 of Statute XII.

2. Elections for membership of the pool from which members are drawn for Panels convened under Parts B, D and H of Statute XII (“the Pool”) shall be conducted amongst members of Congregation as provided for by Statute IV and regulations made thereunder. There will be 32 persons in the Pool, with four members representing each of the four academic divisions, the Gardens, Libraries and Museums, and the University Administration and Services and eight members of Congregation, not necessarily representing any division and not in any case being nominated in a divisional capacity.

3. Members of the Pool shall:

(1) be elected from members of Congregation to whom Statute XII applies by members of Congregation under the provisions of regulations for elections made under Statute IV;

(2) hold office for four years;

(3) be capable of re-election once.

4. Those who fill a casual vacancy in the Pool and hold office for less than four years shall subsequently be eligible to complete two full terms of office.

5. Each member of the Pool will be required to attend appropriate training, including on equality and diversity, before serving on a Panel.

6. Members are appointed to serve on Panels on a case-by-case basis.

7. When a case is referred to a Panel, the Registrar (or a person appointed by the Registrar to act on the Registrar's behalf) shall select by lot five members to serve on the Panel from amongst all such members of the Pool who are eligible to serve. Circumstances that would render a person ineligible to serve would include those where the person had a prior involvement in the case or a conflict of interest. If any person so selected considers they should have been considered ineligible, they should declare it at the earliest opportunity and step down. An alternate may be selected by lot and appointed to act in his or her place.

8. The first person selected by lot (or if that person subsequently stands down, the second person selected by lot) shall serve as chair of the Panel.

9. The five members of the Panel initially selected by lot must include at least one person:

(1) who is required to engage in academic teaching and/or research either by their written contracts of employment or by established and agreed practice; 

(2) who is not required to engage in academic teaching and/or research either by their written contracts of employment or by established and agreed practice;

(3) of either sex.

10. If the criteria above are not initially satisfied, then further selection(s) by lot shall be made from the remaining members of the Pool until the criteria are satisfied, and the person so chosen shall replace the fifth selected member of the Panel.

11. If any of the five members of the Panel so selected for the consideration of a case is unable to serve (including if they would be unable to attend a hearing within a reasonable period), a further person shall be selected by lot to replace the member who is unable to serve. 

12. If a member of the panel becomes unable to serve and an available replacement member cannot be found within a reasonable time in advance of a scheduled hearing, the Chair may determine that a panel consisting of the remaining four members may still hear the case, subject to the agreement of the member of staff. In a case where the hearing proceeds with a panel consisting of four members and the panel cannot otherwise reach a majority decision, the Chair will have the deciding vote.

13. The selected Panel members shall serve on the Panel for the duration of its consideration of that case whether or not their period of office as a member of the Pool has expired in the interim.

14. No person who has served on a Panel previously constituted to consider a case shall be eligible to serve on any further Panel constituted to consider that case.

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