Appendix 4: Bylaw XI B Concerning Discipline for Serious Misconduct

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Introduction

1. Junior members admitted to Merton College undertake to abide by the regulations of the College as set out in the College Handbook. These include the specific rules set out in Part 3 of the College Handbook and for those who reside in College accommodation, the accommodation agreement set out in Part 4.
2. Responsibility for general discipline is vested in the Principal of the Postmasters, assisted by the Deputy Principal of the Postmasters. Their powers are described in the College Handbook.
The Disciplinary process outlined below is intended to be followed in cases of serious misconduct, defined in the College Handbook. A flowchart presents the processes for the handling of serious cases, as well as lesser offences.
Junior members should be aware that they are also subject to the University’s regulations concerning student conduct and that they are therefore expected to observe two sets of (complementary) disciplinary regulations. The University Students' Handbook provides more information on the University’s remit.

The Disciplinary Panel

1. The Disciplinary Panel reports to the Warden and Tutors’ Committee or the Graduate Committee depending on the status of the Junior Member concerned.
2. The Disciplinary Panel normally consists of the Sub-Warden (or if the Sub-Warden is unavailable another member of the Governing Body nominated by the Sub-Warden) and four other members of the Governing Body, at least two of whom shall hold the office of Tutor. The Principal of the Postmasters shall not be a member.
3. The Panel may (but shall not be obliged to) ask an assessor, to be known as the Disciplinary Assessor, to be present at its deliberations and to advise it but such person shall have no vote.
4. Any tutor of the Junior Member brought before the Panel and any other person with an interest in the subject-matter of the allegations made against the Junior Member shall be replaced by other members of the Governing Body co-opted by the other members of the Panel.
5. For the purposes of Bylaw XIB.4(d) only a "tutor" shall be defined as follows:
  1. in the case of an undergraduate as any person who has acted as that undergraduate’s director of studies; and
  2. in the case of a graduate student as any person who has acted as that graduate student’s supervisor or college advisor; and
  3. in either case as including any person who has filed or will file an academic report on that Junior Member’s work during the course of the current academic year.
6. The Sub-Warden or the Sub-Warden’s nominee shall ordinarily chair the Panel. If the Sub-Warden or the Sub-Warden’s nominee is replaced pursuant to Bylaw XI B.4(d) above the most senior of the Tutors present shall chair the Panel.
7. 1. The Disciplinary Panel may regulate its proceedings as it sees fit.
  2. The power of the Disciplinary Panel to regulate its proceedings includes (without limitation) the power to set time-limits on the evidence to be called by either the Junior Member or the Principal of the Postmasters consistent with providing a fair opportunity for each of them to present relevant evidence whilst ensuring that the matter is heard expeditiously and determined fairly.
  3. The Chair of the Disciplinary Panel shall have the power whether on application by the Junior Member or the Principal of the Postmasters or without such an application to extend any time-limit imposed by this Bylaw where it seems expedient to do so (such as to take account of periods when the College will be closed).
8. 1. A Junior Member who is accused of misconduct shall normally be entitled to see and be provided with copies of all documents and other material that will be put to the Panel, to see all the witness-statements upon which the Principal of the Postmaster intends to rely, to know the identity of the maker of any such statement, and to ask questions of all witnesses.
  2. The rule stated in Bylaw XI B.4(h)(i) shall be disapplied only in exceptional cases. Such exceptional cases include cases where there is a reasonable fear that a witness may be subjected to intimidation or violent reprisal.
  3. If the Principal of the Postmasters believes that it is necessary for something to be done which is contrary to the rule stated in Bylaw XI B.4(h)(i) he or she shall apply to the Chair of the Disciplinary Panel in writing for a direction.
  4. The Junior Member shall be notified of the nature of the application but shall not be provided with any document or information which would render the application pointless. If the Junior Member wishes to respond to the application, he or she shall do so in writing within 5 days (not including Saturday or Sunday).
  5. The Chair of the Disciplinary Panel shall determine the application without an oral hearing unless they consider it necessary or expedient to hold one and shall notify the Principal of the Postmasters and the Junior Member in writing of their decision.
  6. Once the Chair has notified the Principal of the Postmasters and the Junior Member of their decision no action shall be taken in relation to any material which was the subject of the application until either:
    1. the time in which they could apply for a redetermination has elapsed without such an application being made or
    2. there has been a redetermination.
  7. If either the Principal of the Postmasters or the Junior Member is dissatisfied with the result of the application to the Chair he or she may apply for redetermination by the Disciplinary Panel without the participation of the Chair.
  8. An application for a redetermination shall be made in writing to the Chair of the Disciplinary Panel within five days of receiving their decision.
  9. The Disciplinary Panel shall determine the application without the participation of the Chair. The material upon which the redetermination shall be made shall normally be only the material provided to the Chair. There shall not be an oral hearing unless the Disciplinary Panel considers it necessary or expedient to hold one.
  10. The Disciplinary Panel shall notify the Chair, the Principal of the Postmasters and the Junior Member in writing of its decision and shall give directions accordingly.
  11. The decision of the Chair (if there has been no redetermination) or of the Disciplinary Panel shall be final and there shall be no right to appeal the decision to the Appeals Panel.
  12. If the Principal of the Postmasters makes an application which would, if accepted, have the effect of concealing the identity of any person, and the application is rejected, that person’s identity shall nonetheless not be disclosed to the Junior Member without that person’s consent.
  13. If a witness refuses to consent to the disclosure of their identity to the Junior Member or refuses to be questioned on their evidence by or in the presence of the Junior Member or refuses to attend a hearing, the Disciplinary Panel shall exclude the witness’s evidence from consideration in the absence of exceptional circumstances as provided in Bylaw XI B.4(h)(ii). If the Disciplinary Panel does not exclude the evidence from consideration, due weight must be given to the disadvantage to the Junior Member of not knowing the identity of the witness or of being unable to test the witness’s evidence by questions.
9. In any proceedings before the Disciplinary Panel the burden of proving the allegations shall be on the Principal of the Postmasters and the standard of proof shall be the balance of probabilities.
10. The Chair of the Disciplinary Panel shall ensure that arrangements are made for a written note to be taken and a sound-recording made of the open proceedings (but not of the Disciplinary Panel’s private deliberations).
11. 1. All material submitted to the Disciplinary Panel by either party shall be treated as confidential.
  2. The requirement of confidentiality does not prevent either party or the Disciplinary Panel from taking appropriate advice or seeking appropriate welfare support.

Referral to the Disciplinary Panel

If the Principal of the Postmasters believes that a Junior Member has a case to answer in relation to an offence which, would, if proved, require a more severe penalty than the Principal of the Postmasters can impose, he or she shall refer the case to the Disciplinary Panel.
If the Principal of the Postmasters is interested in the matters relating to the Junior Member or is the Junior Member’s tutor (in the sense of Bylaw XI B.4(e) above) or if the Principal of the Postmasters is otherwise unable to act, the Warden and Tutors’ Committee shall nominate another member of the Governing Body to act in their place. Throughout this Bylaw, references to the Principal of the Postmasters shall include any such nominee.
1. The procedures set out in Bylaws XI B.8(b) to XI B.13 shall not apply if a Junior Member has been convicted of a criminal offence capable of attracting an immediate sentence of imprisonment (whether or not such a sentence is imposed). In such circumstances Bylaws XI B.14-19 shall apply instead.
2. Subject to (a) above, when referring a case to the Disciplinary Panel, the Principal of the Postmasters shall send to the Chair a written statement (the "Statement of Case") setting out
  1. the provision(s) of the College regulations which have allegedly been broken;
  2. the facts which form the basis of the allegation;
  3. the evidence on which the allegation is based including the signed statement of any person the Principal of the Postmasters is proposing to call as a witness; and
  4. any other information which the Principal of the Postmasters deems relevant, including recommendations as to penalty.
1. The Statement of Case and this Bylaw XI B shall be copied to the Junior Member.
2. 1. Copies of the Statement of Case shall also be sent to the Junior Member’s director of studies or college advisor, as appropriate, who shall be asked to comment in writing on the character of the Junior Member and any other matter that the director of studies or college advisor thinks should properly be taken into account. These comments shall be copied to the Junior Member.
  2. At the request of a Junior Member who is a graduate student a copy of the Statement of Case shall also be sent to their supervisor who shall be asked to comment in writing in the same manner as the college advisor. These comments shall be copied to the Junior Member.
1. The Chair of the Disciplinary Panel shall call a meeting of the Disciplinary Panel giving the Junior Member at least five days’ notice (not including Saturday or Sunday), unless the Junior Member agrees to shorter notice being given.
2. The Junior Member shall be told in writing of the time of the meeting and that written material may be submitted up to 48 hours (not including a Saturday or Sunday) before the Disciplinary Panel meets.
3. If the Junior Member intends to call any person as a witness at the meeting, the Junior Member shall include a written statement signed by such person with the written material submitted to the Disciplinary Panel.
1. Without prejudice to the Disciplinary Panel’s right to regulate its proceedings, the following procedure shall normally be adopted.
2. 1. The Principal of the Postmasters and the Junior Member whose case has been referred shall attend the notified meeting of the Disciplinary Panel, provided that if the Junior Member fails or refuses to attend the Disciplinary Panel may proceed in their absence.
  2. The Principal of the Postmasters and the Junior Member may each be accompanied by a current member of the University as an advisor or, alternatively, an Oxford SU sabbatical officer in the case of the Junior Member.
3. 1. The Principal of the Postmasters shall present the case against the Junior Member in their presence (except where the Junior Member fails or refuses to attend and the Disciplinary Panel has decided to proceed in the Junior Member's absence).
  2. The Principal of the Postmasters may call any witness whose statement he or she has previously submitted to the Disciplinary Panel. The Disciplinary Panel shall ordinarily rely on the submitted statement as the substance of the witness’s evidence but may allow the Principal of the Postmasters to ask questions to clarify any point in the statement.
  3. The Junior Member may question any witness called by the Principal of the Postmasters.
  4. After the Junior Member has questioned a witness the Disciplinary Panel may allow the Principal of the Postmasters to ask further questions but only for the purpose of clarifying anything said by the witness in answer to the Junior Member.
4. 1. After the conclusion of the Principal of the Postmasters’ evidence the Junior Member shall present their defence.
  2. The Junior Member may call any witness whose statement he or she has previously submitted to the Disciplinary Panel. The Disciplinary Panel shall ordinarily rely on the submitted statement as the substance of the witness’s evidence but may allow the Junior Member to ask the witness questions to clarify any point in the statement.
  3. The Principal of the Postmasters may question any witness called by the Junior Member.
  4. After the Principal of the Postmasters has questioned a witness the Disciplinary Panel may allow the Junior Member to ask further questions but only for the purpose of clarifying anything said by the witness in answer to the Principal of the Postmasters.
5. 1. For the avoidance of doubt the Disciplinary Panel may also question any person called as a witness.
6. 1. If a person who has provided a witness statement is not called as a witness, that person’s evidence shall be excluded from consideration by the Disciplinary Panel unless the Junior Member and the Principal of the Postmasters agree that it should be read by the Disciplinary Panel or there are exceptional circumstances.
  2. If the Disciplinary Panel does not exclude the evidence from consideration, due weight must be given to the fact that the witness’s evidence has not been tested by questions.
7. 1. If a person who has provided a witness statement is willing to be questioned on their evidence but is not able to be present in Oxford on the date of the hearing, the Disciplinary Panel may, on the application of the person wishing to call that witness, make arrangements for that witness to be questioned via electronic means which permit the witness to be seen and heard by all those concerned in the hearing.
8. After the conclusion of the Junior Member’s evidence:
  1. first the Principal of the Postmasters shall address a concluding statement to the Disciplinary Panel;
  2. next the Junior Member shall address a concluding statement to the Disciplinary Panel; and
  3. then the Disciplinary Panel shall consider its verdict in the absence of all other persons except the Disciplinary Assessor (if any) who shall remain present to advise the Panel but shall not be entitled to vote.
1. Where the Disciplinary Panel finds the case against the Junior Member to have been proved, the Chair shall announce its decision and invite the Principal of the Postmasters to make a submission as to the appropriate level of penalty.
2. The Junior Member shall then be entitled to make a plea in mitigation of the offence.
3. The Disciplinary Panel shall then consider the appropriate sentence in the absence of all other persons except the Disciplinary Assessor (if any) who shall remain present to advise the Panel but shall not be entitled to vote.
4. 1. The penalty shall be such as the Disciplinary Panel considers fair and proportionate in all the circumstances and may include (without limitation): requiring the Junior Member to reside out of College premises; a fine of any magnitude; banning, suspension, or expulsion from the College.
  2. The Disciplinary Panel may attach such conditions as it sees fit to any penalty.
  3. 1. "Banning" means withdrawing the right of access to specified land, buildings, facilities or services of the College for a fixed period or pending the fulfilment of certain conditions.
    2. "Suspension" means withdrawing the right of access to all of the land, buildings and facilities of the College including teaching, examinations, and all related academic services for a fixed period or until the fulfilment of specified conditions. For the avoidance of doubt, this is equivalent to "rustication" as defined in the University’s Statute XI.
    3. "Expulsion" means depriving a Junior Member permanently of their membership of the College.
5. 1. The Junior Member shall be told in writing of the Disciplinary Panel’s decision and its reasons which shall include all findings of fact made by the Disciplinary Panel
  2. The Junior Member shall also be advised of the right of appeal to the Appeals Panel.
1. 1. The Chair of the Disciplinary Panel shall at once report the Disciplinary Panel’s decision to the Principal of the Postmasters and to the Senior Tutor, and shall inform the Proctors (if appropriate) and any College staff affected by the decision.
  2. The Senior Tutor shall report the Disciplinary Panel’s decision to the Warden and Tutors’ Committee or to the Graduate Committee, and to the Junior Member’s Director of Studies or the Junior Member’s college advisor as the case may require.
2. The full communication to the Junior Member shall not normally be circulated, but shall be held in the Warden’s office. In the event of any appeal, it shall be available to members of the Appeals Panel.

Referral to the Disciplinary Committee: Special provisions for criminal convictions

1. The procedures set out in Bylaw XI B.13(b)-18 below shall apply if a Junior Member has been convicted of a criminal offence capable of attracting an immediate sentence of imprisonment (whether or not such a sentence is imposed).
2. When referring such a case to the Disciplinary Panel, the Principal of the Postmasters shall send to the chairman a written statement (the "Statement of Case") setting out:
  1. the fact of the junior member’s criminal conviction and
  2. any other information which the Principal of the Postmasters deems relevant including their recommendations as to penalty.
1. The Statement of Case and this Bylaw XI B shall be copied to the Junior Member.
2. 1. Copies shall also be sent to the Junior Member's director of studies or college advisor, as appropriate, who shall be asked to comment in writing on the character of the Junior Member and any other matter that the director of studies or college advisor thinks should properly be taken into account. These comments shall be copied to the junior member.
  2. At the request of a Junior Member who is a graduate student a copy of the Statement of Case shall also be sent to their supervisor who shall be asked to comment in writing in the same manner as the college advisor. These comments shall be copied to the Junior Member.
1. The Chair of the Disciplinary Panel shall call a meeting of the Disciplinary Panel giving the Junior Member at least five days' notice (not including Saturday or Sunday), unless the Junior Member agrees to shorter notice.
2. The Junior Member shall be told in writing of the time of the meeting and that written material may be submitted on the question of penalty up to 48 hours (not including Saturday or Sunday) before the Disciplinary Panel meets.
1. Without prejudice to the Disciplinary Panel’s right to regulate its proceedings, the following procedure shall normally be adopted.
2. 1. The Principal of the Postmasters and the Junior Member shall attend the notified meeting of the Disciplinary Panel, provided that if the Junior Member fails or refuses to attend the Disciplinary Panel may proceed in their absence.
  2. The Principal of the Postmasters and the Junior Member may each be accompanied by a current member of the University as an advisor or, alternatively, an Oxford SU sabbatical officer in the case of the Junior Member.
3. The Disciplinary Panel shall accept as fact all findings of fact made by the criminal court and the hearing shall proceed on that basis.
4. 1. The Principal of the Postmasters shall present the case to the Disciplinary Panel and shall make representations concerning the appropriate penalty.
  2. The Disciplinary panel may request the attendance of any other person and may question in relation to the question of penalty.
5. The Junior Member shall then be entitled to make a plea in mitigation of the offence.
1. 1. The Disciplinary Committee shall then decide upon the penalty to be imposed in the absence of all other persons except the Disciplinary Assessor (if any) who shall remain present to advise the Panel but shall not be entitled to vote.
  2. The penalty may include: requiring the Junior Member to reside out of the College premises; a fine of any magnitude; or banning, suspension or expulsion from the College.
  3. The Disciplinary Panel may attach such conditions as it sees fit to any penalty.
  4. The words "banning", "suspension" and "expulsion" shall bear the meanings given to them in Bylaw XI B.11(d)(iii) above.
2. 1. The Junior Member shall be told in writing of the Disciplinary panel’s decision and its reasons which shall include all findings of fact made by the Disciplinary Panel which have not already been made by the criminal court.
  2. The Junior Member shall also be advised of the right of appeal to the Appeals Panel.
1. 1. The Chair of the Disciplinary Panel shall at once report the Disciplinary Panel’s decision to the Principal of the Postmasters and to the Senior Tutor, and shall inform the Proctors (if appropriate) and any College staff affected by the decision.
  2. The Senior Tutor shall report the Disciplinary Panel’s decision to the Warden and Tutors’ Committee or to the Graduate Committee, and to the Junior Member’s Director of Studies or the Junior Member’s college advisor as the case may require.
2. The full communication to the Junior Member shall not normally be circulated but shall be held in the Warden’s office. In the event of any appeal, it shall be available to the members of the Appeals Panel.

Referral to the Disciplinary Panel: Special provisions for University penalties

The procedures set out at Bylaw XI B.20-23 below shall apply if a Junior Member has been expelled, banned or rusticated by the University pursuant to Statute XI of the University Statutes.
1. If the Principal of the Postmasters considers that a more serious penalty than that imposed by the University should be imposed by the College, the Principal of the Postmasters shall refer the case to the Disciplinary Panel.
2. In such a case, the procedures set out in Bylaw XI B.13-18 above shall apply, mutatis mutandis.
1. In any other case a penalty of expulsion, banning or rustication imposed by the University upon a Junior Member shall also apply to College premises and facilities, subject to the right of appeal conferred by Bylaw XI B.22 below.
2. 1. The imposition of the College penalty shall be confirmed in writing to the Junior Member by the Principal of the Postmasters, and shall be copied to the Senior Tutor and to any College staff affected by the decision.
  2. The Senior Tutor shall report the College penalty to the Warden and Tutors’ Committee or the Graduate Committee, and to the Junior Member’s Director of Studies or the Junior Member’s college advisor as the case may require.
3. The Principal of the Postmasters shall advise the Junior Member in writing of the right of appeal to the Disciplinary Panel.
1. A Junior Member penalised under Bylaw XI B.21 above may appeal to the Disciplinary Panel against the application of the University penalty to College premises and facilities.
2. Bylaw XI B.33 shall apply to an appeal under this paragraph.

Appeals from decisions of the Disciplinary Panel

1. The Appeals Panel reports to the Warden and Tutors’ Committee or the Graduate Committee depending on the status of the Junior Member concerned.
1. The Appeals Panel shall normally consist in cases of discipline for serious misconduct under Bylaw XI B of the Sub-Warden (or another member of the Governing Body nominated by the Sub-Warden’s nominee) and four other members of the Governing Body of whom at least two shall hold the office of Tutor. Neither the Principal of the Postmasters nor any member of the Disciplinary Panel shall be a member.
2. The Appeals Panel may (but shall not be obliged to) ask an assessor, to be known as the Disciplinary Assessor, to be present at its deliberations and to advise it but such person shall have no vote.
3. Any tutor of the Junior Member whose case has been referred and any other interested person shall be replaced by other members of the Governing Body co-opted by the other members of the Panel.
4. For the purposes of Bylaw XI B.23(d) above only a “tutor” shall be defined as follows:
  1. in the case of an undergraduate as any person who has acted as that undergraduate’s director of studies and
  2. in the case of a graduate student as any person who has acted as that graduate student’s supervisor or college advisor and
  3. in either case as including any person who has filed or will file an academic report on that Junior Member’s work during the course of the current academic year.
5. The Sub-Warden or the Sub-Warden’s nominee shall ordinarily chair the Appeals Panel as constituted under Bylaw XI B. If the Sub-Warden or the Sub- Warden’s nominee is replaced pursuant to Bylaw XI B.23(d) above the most senior of the Tutors present shall chair the Panel.
6. 1. The Appeals Panel shall regulate its proceedings as it sees fit.
  2. The Chair of the Appeals Panel shall have the power whether on application by the Junior Member or the Chair of the Disciplinary Panel or without such an application to extend any time-limit imposed by this Bylaw where it seems expedient to do so (such as to take account of periods when the College will be closed).
7. The Chair of the Appeals Panel shall ensure that arrangements are made for a written note to be taken and a sound recording made of the open proceedings (but not of the Appeals Panel’s private deliberations).
The Junior Member must lodge any appeal against the findings or penalty of the Disciplinary Panel by writing to the Warden within five days (not including Saturday or Sunday) of the communication of the Disciplinary Panel’s decision to the Junior Member, stating the basis of their appeal.
1. The Junior Member may appeal on either or both of the following grounds:
  1. errors in the Disciplinary Panel’s findings (which must be specified by the Junior Member);
  2. or the disproportionality of the penalty to the gravity of the offence.
2. The Junior Member shall not normally be permitted to introduce new evidence to the Appeals Panel where that evidence could reasonably have been presented to the Disciplinary Panel.
1. The Chair of the Appeals Panel shall copy the Junior Member’s appeal to the Chair of the Disciplinary Panel, who shall respond in writing to the Chair of the Appeals Panel within five days (not including Saturday or Sunday).
2. The Chair of the Appeals Panel shall then copy that response to the Junior Member.
1. The Chair of the Appeals Panel shall call a meeting of the Appeals Panel giving the Junior Member at least five days' notice (not including Saturday and Sunday), unless the Junior Member agrees to shorter notice being given.
2. The Junior Member shall be told in writing of the time of the meeting.
1. Without prejudice to the Appeals Panel’s right to regulate its proceedings as it thinks fit, the following procedure shall normally be adopted.
2. 1. The Junior Member may attend with a current member of the University or an Oxford SU sabbatical officer as an advisor and make oral representations on their Grounds of Appeal.
  2. If the Junior Member elects to attend, the Chair of the Disciplinary Panel may also attend (and may be accompanied by a current member of the University as an advisor).
  3. The Appeals Panel shall in any event normally request the attendance of the Junior Member and the Chair of the Disciplinary Panel but in the event that either fails or refuses to attend may proceed in that person’s absence.
  4. The Junior Member shall present their appeal and the members of the Appeals Panel may put questions to the Junior Member.
  5. At the conclusion of the Junior Member’s presentation the Chair of the Disciplinary Panel shall be invited to respond to the appeal and the members of the Appeals Panel may put questions to the Chair of the Disciplinary Panel.
1. 1. The Appeals Panel shall consider the Junior Member’s Grounds of Appeal and the response of the Chair of the Disciplinary Panel and determine the appeal in the absence of all other persons except the Disciplinary Assessor (if any) who shall remain present to advise the Panel but shall not be entitled to vote.
  2. The Appeals Panel may quash or confirm the decision appealed against, or make any order in substitution for it which the Disciplinary Panel could have made.
2. The Junior Member shall be informed in writing of the Appeals Panel’s decision and the reasons for it.
3. Unless the Appeals Panel merely quashes the decision appealed against, the Appeals Panel’s decision shall be accompanied by (a) a letter informing the Junior Member of their right to appeal to the Conference of Colleges' Appeal Tribunal (as provided in Bylaw XI B.31 below) and the time-limit for filing the appeal-application and (b) a copy of the Conference of Colleges’ Appeal Tribunal Regulations.
1. 1. The Chair of the Appeals Panel shall at once report the Appeals Panel’s decision to the Principal of the Postmasters and to the Senior Tutor and shall inform the Proctors (if appropriate) and any College staff affected by the decision.
  2. The Senior Tutor shall report the Appeals Panel’s decision to the Warden and Tutors’ Committee or the Graduate Committee, and to the Junior Member’s Director of Studies or the Junior Member’s college advisor as the case may require.
2. The full communication to the Junior Member shall not normally be circulated, but shall be held in the Warden’s office.
The decision of the Appeals Panel shall be final in the College although the Junior Member shall have the right to appeal the decision of the Appeals Panel to the Conference of Colleges Appeal Tribunal.
If the Conference of Colleges Appeals Tribunal upholds the College’s decision, the undergraduate may appeal to the Office of the Independent Adjudicator for Higher Education. Application forms and guidance notes are available from the Academic Office.

Appeals against the application of University penalties (XI B.21-22)

1. A Junior Member who wishes to appeal against the application of a University penalty to them under Bylaw XI B.21 must send the appeal in writing to the Warden within five days (not including Saturday or Sunday) of receipt of confirmation of the penalty from the Principal of the Postmasters.
2. The Junior Member’s appeal must fully set out the special circumstances which are alleged to justify not applying the University penalty in their case.
3. The appeal shall be copied to the Principal of the Postmasters, who shall send a response to the Warden within five days (not including Saturday or Sunday).
4. 1. The Disciplinary Panel shall dispose of the appeal without an oral hearing unless it considers it necessary or expedient to hold one.
  2. If the Disciplinary Panel is satisfied that there are special circumstances, it may permit the Junior Member concerned to continue to have access to College premises and facilities with or without conditions as to such access.
5. 1. The Disciplinary Panel’s decision shall be communicated to the Junior Member in writing by the Chair and shall be final. Copies of the decision shall be sent to the Principal of the Postmasters and the Senior Tutor and any College staff affected by the decision.
  2. The Senior Tutor shall report the decision to the Warden and Tutors’ Committee or the Graduate Committee as the case may require.

Appeals against fines of less than £150

1. If the Deputy Principal of the Postmasters has imposed a fine less than £150 on a Junior Member which the Junior Member believes to be unwarranted or excessive the Junior Member may make written representations to the Deputy Principal of the Postmasters requesting a review of the fine imposed.
2. Any representations to the Deputy Principal of the Postmasters shall be made within two days (not including Saturday or Sunday) of the imposition of the fine.
3. The Deputy Principal of the Postmasters shall respond in writing within two days of the receipt of the written representations (not including Saturday or Sunday) and shall either confirm the fine, set aside the fine, or substitute a lesser fine.
4. If the Junior Member is not satisfied with the decision of the Deputy Principal of the Postmasters he shall be entitled to appeal to the Principal of the Postmasters.
5. Any appeal to the Principal of the Postmasters shall be made in writing specifying the grounds of the appeal within two days (not including Saturday or Sunday) of the receipt by the Junior Member of the response of the Deputy Principal of the Postmasters.
6. The only grounds of an appeal to the Principal of the Postmasters shall be errors (which shall be specified) in the findings of fact made by the Deputy Principal of the Postmasters and/or the disproportionality of the fine to the gravity of the offence.
7. 1. The Principal of the Postmasters shall dispose of all such appeals without an oral hearing unless he considers it necessary or expedient to hold one.
  2. The Principal of the Postmasters shall have the power on appeal to confirm, reduce or increase the fine.
  3. The decision of the Principal of the Postmasters shall be communicated to the Junior Member in writing and shall be final.

Appeals against fines greater than £150

1. A Junior Member who has been fined a sum in excess of £150 by the Principal of the Postmasters or the Deputy Principal of the Postmasters may appeal this fine to the Disciplinary Panel, which may confirm, reduce or increase the fine.
2. Any appeal must be lodged in writing with the Warden within five days (not including Saturday or Sunday) of the imposition of the fine stating the basis of the appeal.
3. The only grounds of appeal shall be errors (which shall be specified) in the findings of the Principal of the Postmasters or the Deputy Principal of the Postmasters and/or the disproportionality of the fine to the gravity of the offence.
4. The appeal shall be copied to the Principal of the Postmasters or the Deputy Principal of the Postmasters, who shall be asked to respond within five days (not including Saturday or Sunday).
5. 1. The Disciplinary Panel’s decision, which shall be final, shall be communicated to the Junior Member in writing, giving reasons.
  2. The Disciplinary Panel shall have the power to impose additional fines or other penalties and may attach such conditions as it sees fit to any penalty:
    1. in the event of trivial or frivolous appeals; or
    2. where it believes that the event warrants a more severe penalty than that already imposed.

Service of documents

1. Unless the Junior Member’s University email account has been suspended, all documents required by this Bylaw to be sent to a Junior Member shall be sent by email to the Junior Member’s University email address and shall be deemed to be duly delivered when sent.
2. If the Junior Member’s University email account has been suspended:
  1. the Junior Member shall be asked to provide an alternative email address and any documents required by this Bylaw to be sent to them shall be sent to that address and shall be deemed duly delivered when sent;
  2. if the Junior Member has not provided an alternative email address documents shall be left at the College lodge (if he or she is still in residence) and shall be deemed duly delivered 24 hours thereafter or shall be posted to the home address he or she has provided via Student Self Service (if he or she is not in residence), and shall be deemed duly delivered three days after the date of posting.
  3. Where any documents are required to be posted to the Junior Member’s home address and he or she resides abroad all necessary steps shall be taken to ensure that the documents arrive within the period provided.
3. Documents required by Bylaw XI B to be sent to any College Officer or any member of the University other than the Junior Member concerned shall be sent by email to the appropriate University email address and shall be deemed duly delivered when sent.
4. Notwithstanding the provisions above as to the use of email, if the volume of documents is such as to make sending them by email unwieldy or impracticable the Chair of the Panel may be asked to direct the use of an alternative method for exchanging documents such as the use of any system of file-sharing provided by the University or, if necessary, paper.

Bylaw XIB flowchart - offences warranting lesser penalty

Byelaw XIB flowchart - offences warranting lesser penalty

Bylaw XIB flowchart - offences warranting greater penalty

Byelaw XIB flowchart - offences warranting greater penalty