Statute XIII: Student Members: Other Provisions

Approved with effect from 1 October 2002
(Supplement (1) to
Gazette No. 4633, 9 October 2002)
Amended with effect from 15 October 2002 (
Gazette Vol. 133, p. 250, 17 October 2002)
Amended with effect from 14 October 2003 (
Gazette Vol. 134, p.139, 16 October 2003)
Amended with effect from 24 April 2007 (
Gazette Vol. 137, p.1050, 26 April 2007)
Amended on 12 June 2012 (date of effect 1 October 2012,
Gazette, Vol. 142, p. 587, 14 June 2012)

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1. Council shall take such steps as are reasonably practicable:

(1) to secure the existence at all times of a students' union (as defined in the Education Act 1994) which is open to all student members of the University;

(2) to secure that such students' union operates in a fair and democratic manner and is accountable for its finances; and

(3) to secure that the requirements of Section 22 of the Education Act 1994 are observed by or in relation to such students' union.

2. (1) Council shall publish a code of practice setting out the manner in which the requirements of the Education Act 1994 with regard to students' unions are to be carried into effect.

(2) The code of practice shall be brought to the attention of all student members annually together with (i) any restrictions imposed on the students' union by the law relating to charities and (ii) the freedom of speech provisions of Section 43 of the Education (No 2) Act 1986.

3. Information with regard to the right to opt out of membership of the students' union, and arrangements made to supply students' union services to student members who have exercised this right, shall be drawn to the attention of all student members annually and to the attention of persons considering whether to become students at the University.


4. No recommendation from a joint committee with student members, or other body for consultation with student members, established under any statute or regulation or otherwise, shall be rejected without the student members of the committee or body having been given an opportunity of discussion with the body with which it is a joint committee or consultative body.

5. This Part makes provision for the establishment of a Fitness to Study Panel to determine matters concerning a student's fitness to study.

6. For the purposes of this Part:

(1) 'fitness to study' shall mean:

(a) a student's fitness:

(i) to commence a distinct course of academic study; or

(ii) to continue with his/her current course of academic study; or

(iii) to return to his/her current or another course of academic study; and

(b) his/her ability to meet:

(i) the reasonable academic requirements of the course or programme; and

(ii) the reasonable social and behavioural requirements of a student member (whether resident in college or not) without his/her physical, mental, emotional or psychological health or state having an unacceptably deleterious impact upon the health, safety and/or welfare of the student and/or other students and/or University or college staff (not withstanding adjustments required by law);

(2) 'Current course of academic study' shall mean the undergraduate or graduate course for which the student is currently registered, and the syllabus of and other requirements for that course as provided for in the statutes and regulations currently in force and applicable in the academic year in issue;

(3) An undergraduate or graduate course of study shall be determined according to the designation agreed by the Education Committee of Council and thus defined in its Examination Regulations.

7. There shall be established a Fitness to Study Panel ('the Panel') to consider issues relating to a student's fitness to study referred to it by a college, a faculty or department of the University, the Proctors, the Student Disciplinary Panel, or the Student Appeal Panel. The Panel shall decide such issues for the University and shall be able to make recommendations to a college.

8. The Panel shall only consider a student's fitness to study where all other normal procedures (whether at college or University level) have been exhausted or are inappropriate.

9. Council shall make regulations prescribing:

(1) the constitution and membership of the Panel;

(2) the appropriate procedure for referring matters relating to a student's fitness to study to the Panel;

(3) the procedure which the Panel shall follow when considering matters referred to it;

(4) the factors which the Panel shall take into account when considering and/or determining matters referred to it;

(5) the Panel's powers;

(6) the Proctors' authority to suspend a student;

(7) the body responsible for the regular review of the regulations made under this section; and

(8) such other matters as Council thinks fit.

10. (1) The Panel shall not consider:

(a) matters relating to a student's academic underperformance or conduct save to the extent to which they are relevant to the student's fitness to study; or

(b) matters giving rise to fitness to practise considerations.

(2) The matters under sub-section 1 above shall be dealt with in accordance with the relevant procedures set out in the statutes and regulations of the University and the relevant college.

11. If a student who faces disciplinary proceedings is referred to the Panel, the disciplinary proceedings shall be suspended pending the Panel's consideration of the student's fitness to study.

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