Ordinance 4 Senate

This Ordinance was adopted by the Council on 16 May 2023 and by the Senate on 2 May 2023

1. General

a) This Ordinance supports Statute 4 and should be read in conjunction with it.

b) Terms defined in Statutes will have the same meaning in these Ordinances.

c) Terms defined in Ordinance 13 shall apply to all Ordinances.

d) The Appendices to this Ordinance forms part of the Ordinances.

2. Membership

The expectations of members of the Senate are set out in the Handbook for Senate Members. Members of Senate shall act independently and in the interests of the University.

3. Chair's absence and vice-chair of the Senate

The Deputy Vice-Chancellor and Provost shall be the vice-chair of the Senate and shall chair meetings of the Senate in the absence of the Vice-Chancellor and Warden.

4. Powers of the Senate  

The Council has delegated the powers set out in Appendix 1 to this Ordinance to the Senate to be exercised in furtherance of the Objects. 

5. Terms of office  

a) The Elected Senate Members shall hold office for three years and one-third of them shall retire each year.

b) The Co-opted Senate Members who do not hold their posts by virtue of their office (ex officio) shall hold office for two years.

6. Senate's Responsibilities

Members of the Senate shall observe the standards of behaviour set out in the Staff Code of Conduct, uphold the University's Values, and follow Statutes, Ordinances, codes of practice and other written policies in performing their role.

7. Delegation  

The Senate may establish Senate Committees and delegate advisory and/or decision making powers to such Senate Committees and their remit shall be set out in the Appendix 3.

a) The Senate may delegate advisory and/or decision making powers to the University Executive Committee and its remit shall be set out in the University Executive Committee Ordinance.

b) The Senate may otherwise delegate advisory and/or decision making powers to Officers and University Staff as set out in Appendix 1.

8. Operating Procedure

The Senate shall operate in accordance with the procedures set out in Appendix 2 to this Ordinance. 

9. The Senate Committees  

a) The Senate Committees for the time being are:

1. Education Committee
2. Research Committee
3. Wider Student Experience Committee
4. Senate Academic Appeals Committee (in accordance with terms of reference set out in the University’s General Regulations)
5. Senate Discipline Committee (in accordance with terms of reference set out in the University’s General Regulations)
6. Senate Agenda Setting Committee (SASC)

b) The committees that shall be jointly operated between the Council and the Senate for the time being are:

1. University Executive Committee  
2. University Academic Promotion Committee  
3. Ethics Committee  

c) The Senate Committees shall operate in accordance with Appendix 3 of this Ordinance.

10. Honorary Degrees and Titles 

Honorary Degrees 

a) The Senate shall establish a Senate Advisory Panel on Ceremonies and Honorary Degrees which shall be responsible for advising the Senate on matters concerned with University ceremonial events and the award and revocation of Honorary Degrees. The Senate Advisory Panel on Ceremonies and Honorary Degrees shall appoint an orator for the conferment of each award. 

b) Subject to confirmation by the Vice-Chancellor and Warden, the membership of the Senate Advisory Panel on Ceremonies and Honorary Degrees shall be:  

1. the Vice-Chancellor and Warden, who shall chair;  
2. the Deputy Vice-Chancellor and Provost;
3. the Pro-Vice-Chancellors (Education, Research, Colleges and Student Experience, Global and EDI); and 
4. three members from each Faculty; a student representative appointed by the Students' Union and two non-members appointed by the Vice-Chancellor and Warden.

c) Any member of University Staff may nominate a candidate for an Honorary Degree.  

d) Executive Deans of Faculty and the Pro-Vice-Chancellor (Colleges and Student Experience), together with Deputy Executive Deans, should take soundings within their Faculties/colleges on a strictly confidential basis to encourage nominations to be submitted to the Senate Advisory Panel on Ceremonies and Honorary Degrees each year.

e) At least once a year, a call will be issued from the Vice-Chancellor and Warden for nominations to be submitted to the Senate Advisory Panel on Ceremonies and Honorary Degrees and the panel will consider all nominations against the University's Principles for the Award of Honorary Degrees.

f) The Senate Advisory Panel on Ceremonies and Honorary Degrees shall submit their recommendations for the conferment of Honorary Degrees to the Senate.

g) When preparing its list of nominations for the conferment of Honorary Degrees for Senate approval, the Senate Advisory Panel on Ceremonies and Honorary Degrees shall identify an appropriate individual in each case to be responsible for writing and delivering the presentation speech at the Congregation at which the Honorary Degree is to be conferred.

h) This individual may be the nominator of the honorary graduand or a representative of the Department/College from which the nomination was forwarded. In the case of a nomination not made by a Department/College, the Senate Advisory Panel on Ceremonies and Honorary Degrees shall nominate an appropriate individual.

i) The Senate, after receiving the recommendations of the Senate Advisory Panel on Ceremonies and Honorary Degrees, shall vote on each proposal for an Honorary Degree. A ballot paper listing the names of all candidates recommended by the Senate Advisory Panel on Ceremonies and Honorary Degrees will be circulated electronically to all members in advance of the appropriate meeting of the Senate. Members will be given the option of voting for or against each candidate proposed by the Senate Advisory Panel on Ceremonies and Honorary Degrees, or they may abstain. No proposal shall be approved by the Senate if 20% or more of the members present vote against it. Except in such cases, proposals shall be approved if the majority of the members present vote in favour. Abstentions shall not be counted as votes against or in favour of a proposal.

j) No Honorary Degree shall be conferred in absentia except by a 75% majority of the Senate present and voting on the proposal.

k) The Senate Advisory Panel on Ceremonies and Honorary Degrees shall also consider nominations for the Dunelmensis Award received from current members of staff and put forward a candidate(s) to Senate for approval. The voting process shall be the same as that for Honorary Degrees.

Honorary, Visiting and Emeritus Titles

a) Proposals for the conferment of non-professorial honorary, visiting and emeritus titles shall be made by Heads of Department/Directors of Research Institutes and heads of college to the appropriate Executive Dean of Faculty or where appropriate to the Pro-Vice-Chancellor (Research), in accordance with the processes accessible at http://www.dur.ac.uk/hr/policies/titles/ (internal only).

b) Proposals for the conferment of professorial Honorary, Visiting and Emeritus titles shall be made in accordance with the processes accessible at http://www.dur.ac.uk/hr/policies/titles/

Appendix 1 Powers of Senate

1. The Council has delegated the following decision making powers to the Senate:

1. to establish Senate Committees and advisory panels of the Senate to undertake activity within the Senate's delegated authority;
2. to regulate and control the conditions qualifying for matriculation and for admission to the various titles, degrees and other distinctions offered by the University;
3. to regulate the admission of persons to courses of study;
4. to oversee the organisation of fellowships and scholarships;
5. to regulate all University examinations and to appoint examiners whether internal or external;
6. to oversee the supervision of the academic work of the University with third parties;
7. to oversee the framework for student discipline at the University;
8. to regulate the use of academic dress within the University;
9. to oversee student experience and the day to day operation of student organisations and to take such steps as it thinks proper for overseeing the supervising organisations of students representative of the University;  
10. to appoint or re-appoint Heads of Departments (Chairs of Boards of Studies);
11. except where otherwise expressly provided, to appoint representatives of the University to other bodies.
12. to exercise such powers and discharge such duties with regard to the affiliated Colleges as may be prescribed by the terms and conditions on which they are respectively affiliated and to periodically review the affiliated colleges;
13. to oversee the framework for student discipline;
14. to grant degrees and other academic distinctions to persons who shall have pursued in the University a course of study approved by the Senate, and shall have passed the examinations of the University under the conditions laid down in the regulations of the University;
15. to grant diplomas, licences or certificates to persons who have pursued a course of study approved by the Senate under conditions laid down by it;
16. to grant degrees and other qualifications jointly with other higher education institutions having power to grant such qualifications to persons who have pursued a course of study and passed examinations under conditions laid down in regulations approved by the Senate;
17. to grant honorary degrees, service degrees, the title of 'Professor Emeritus' or other University distinctions;
18. to accept such examinations and periods of study at such Universities and places of learning as the Senate may approve as equivalent to such examinations and periods of study in the University as the Senate may determine;  
19. to accept courses of study in any other institution which in the opinion of the Senate possesses the means of affording the proper instruction for such courses as equivalent to such courses of study in the University as the Senate may determine;
20. to revoke any degree, honorary degree or other distinction or award conferred by the University, and all privileges connected therewith if the holder shall have been judged by the Senate, after investigation, to have obtained the degree, honorary degree, distinction or award unfairly as a result of dishonesty, misrepresentation, plagiarism or falsehood and may also revoke any honorary degree, and to consult with Council in relation to the same. Senate may make a recommendation to Council that a person be removed from membership of the University in accordance with Ordinance 1 in the event that their degree, honorary degree or other distinction or award is revoked.

2. The Council has delegated the following advisory powers to the Senate:

1. to provide assurance to the Council that the duties and conditions of service of Academic Staff are satisfactory within the context and conditions in which they operate;
2. to recommend to the Council the level of fees to be paid in connection with the powers set out at 1 b. and 1 c. above;
3. to recommend to the Council new scholarships;
4. to recommend to the Council any matter of academic interest to the University;
5. to provide comment to the Council on the appointment of the Deputy Vice-Chancellor and Provost and any Pro-Vice-Chancellors;.

Appendix 2 Operation of the Senate

1. Senate Meetings 

1. There shall normally be one ordinary (business) meeting of the Senate in each term. Additional ordinary (business) meetings may be held if business requires it.
2. Special meetings may be held at such time as the Chair of Senate and University Secretary may determine.
3. Extraordinary meetings may, in cases of urgency, be summoned by the Vice-Chancellor and Warden, on a written requisition signed by ten members of the Senate.
4. At special meetings and at extraordinary meetings no business shall be taken which does not appear on the agenda.
5. There shall be a quorum at any meeting of the Senate when ten members are present.

2. Senate Agenda

1. The agenda for ordinary meetings shall be divided into four parts: Strategic/Principal items, Business items, Senate Committee reports and Information items.  
2. The inclusion and order of items of business shall normally be directed by the Senate Agenda Setting Committee.
3. The Senate Agenda Setting Committee may determine by exception that any item (or an aspect of any item) on the agenda of any meeting to be "Reserved Business" if they feel this to be appropriate for reasons of confidentiality or sensitivity.
4. Business items to be placed on the agenda must be notified to the University Secretary in writing not later than the eighth calendar day before the day of the meeting. Any member of Senate may request an item be placed on the agenda of a meeting of the Senate Agenda Setting Committee.
5. The agenda for ordinary meetings of the Senate shall normally be published to every member of the Senate not later than the seventh calendar day preceding that on which the Senate is to meet, and where necessary a supplementary agenda should normally be published not later than the fifth calendar day preceding that on which the Senate is to meet.
6. The agenda for special and extraordinary meetings of the Senate shall normally be published to every member of the Senate not later than the fourth calendar day preceding that on which the Senate is to meet.

3. Conduct of Business

1. University Officers, Chairs of Senate Committees and others presenting reports in the Consideration part of the agenda will draw the attention of members of the Senate to the more important items or recommendations which raise matters of principle or which require discussion. Members of the Senate will then be given the opportunity to raise matters in connection with any other item or items on the report.
2. Items in the Information part of the Senate agenda will not normally be discussed in meetings of the Senate. If any members wish to discuss any issues in relation to Information items, they must contact the University Secretary 24 hours prior to the meeting of Senate.

4. Copy of Senate Papers

The University Secretary shall ensure that one set of the papers for each meeting of the Senate minus any Reserved Business or documents of a personally sensitive or of a commercially sensitive nature relating to University property, companies or activities is available for consultation by University Staff and students at: Senate Papers (internal only).

5. Voting

1. Decision making at the Senate shall normally be by consensus following discussion of an agenda item and its recommendations.  
2. On occasions when it is not possible for the Senate to reach a consensus on a recommendation, a vote shall be conducted by a show of hands, unless any member desires that a ballot be taken.
3. Only members of the Senate may participate in voting. Members may vote in favour of a recommendation, or against, or abstain. Unless otherwise specified, voting shall be by simple majority. In the event of a tie, the Chair of the Senate shall have the right of a casting vote.
4. The University Secretary or their nominee shall serve as teller in the event of a show of hands or ballot.

6. Resolutions in Writing  

1. A resolution in writing signed by not less than 75% of the members of the Senate shall be as valid and effective as if it had been passed at a meeting, duly convened and held. Such a resolution may consist of several documents in the same form each signed by one or more of the members of the Senate including signatures evidenced by electronic means.
2. Any member of the Senate who is not eligible to vote on the matter shall not be included when calculating the percentage of members of the Senate participating.
3. A resolution in writing shall not be effective in relation to any resolution to concur with a Council proposal to amend or revoke any Regulations. 
4. The University Secretary shall be responsible for ensuring that resolutions made in writing are reported to the next meeting of the Senate and for retaining an appropriate record.

7. Remote Participation  

1. Any member may validly participate in a meeting through the medium of conference telephone, video conferencing, online facilities or similar form of communication equipment, provided that all persons participating in the meeting are able to communicate with each other throughout the entire meeting.  A member so participating shall be deemed to be present in person at the meeting and shall accordingly be counted in the quorum and be entitled to vote.
2. Such a meeting shall be deemed to take place where the largest group of those members participating is assembled or, if there is no group which is larger than any other group, where the chair of the meeting then is.  
3. In the event of a secret ballot, those participating in such manner accept that it may be necessary for them to disclose their vote to the University Secretary.

8. Suspension and Amendment of Ordinances

In cases of urgency any part of this Appendix 2 may be suspended at any meeting of the Senate, so far as it refers to any business at such meeting, provided that at least 75% of the members present and voting shall so decide.

9. Validity of decisions  

Decisions taken at a meeting of the Senate shall not be invalidated by a vacancy in the membership of Senate or by any defect in the appointment or qualifications of members.  

Appendix 3 Operating of the Senate Committees

1. This appendix only applies to Senate Committees. Joint Committees of Senate and Council are subject to Ordinance 3 Appendix 6.
2. The Senate may establish Senate Committees in order to support its work and shall determine the powers of any such Senate Committee to be set out in the Senate Committee’s Terms of Reference provided that no delegation to a Senate Committee shall go beyond the authority that Senate itself has in relation to any particular matter.
3. The University Secretary is responsible for ensuring each Senate Committee regularly reviews its Terms of Reference and proposed amendments are presented for the Senate’s consideration and approval.  
4. The membership of Senate Committees shall be approved by the Senate, usually in accordance with the recommendations of the SASC.
5. The chair of each Senate Committee and the University Secretary shall be responsible for ensuring that an appropriate induction is provided to new members of a Senate Committee.
6. The chair of a Senate Committee shall have the power to act on behalf of the Senate Committee on matters requiring immediate approval which are routine or non-contentious or within the financial limits laid down in the Financial Regulations and which would not justify holding a special meeting of the Senate Committee. The exercise of such power must be reported to the next meeting of the Senate Committee.
7. Except where otherwise provided, the date of appointment of new members of Senate Committees and representatives of the Senate shall be 1 August. All Senate Committees appointed for the following academic year shall assume responsibility from that date.
8. Except where otherwise provided, the University Secretary shall provide the secretariat for all Senate Committees and Joint Council and Senate Committees.
9. All Senate Committees shall conduct their business in a fair, proper, transparent and ethical manner, having regard to the values of the University as stated in the University Strategy and following the Seven Principles of Public Life set down by the Nolan Committee at https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2 
10. Except where otherwise set down in its Terms of Reference, the quorum at any meeting of a Senate Committee shall be when either ten members or at least one third of the members are present.