Council Agenda 5th Week Michaelmas 2007

PLEASE NOTE THE CHANGE OF TIME

a.    Minutes of the Previous Meeting
b.    Matters Arising from the Minutes   
c.    Ratifications in Council           
d.    Elections in Council
e.    Reports from the Sabbatical Officers   
f.    Reports from the Executive Officers who wish to make reports
g.    Questions to Members of the Executive   
h.    Emergency Motions           
i.    Passage of Motions Nem Con
j.    Motions of No Confidence or Censure
k.    First readings of Motions to Amend the Constitution or Standing Orders
l.    The Budget or Amended Budget
m.    Motions Authorising Capital Expenditure
n.    Other Motions
i.   motions affecting ousu members as ousu members
ii.  motions affecting ousu members as students at Oxford University
iii. motions affecting ousu members as members of the student movement
iv. motions affecting ousu members as residents of Oxford
v.  motions affecting ousu members as residents of the United Kingdom
vi. motions affecting ousu members as citizens of the world
o.    Any Other Business

n.    Other Motions


1.    Advertising Ban - UBS

Council Notes
1.    That a motion supporting divestment was passed in 3rd week Trinity term 2007.
2.    That this motion recognised the humanitarian crisis in Darfur, that foreign investment in Sudan has in large part financed the genocide, and called for the university and its constituent colleges to divest from companies identified as meeting certain conditions by Sudan Divestment.
3.    That investment bank UBS are to underwrite PetroChina’s first share sell off in November 2007, and PetroChina are one company identified as “highest offenders” by Sudan Divestment Task Force.
4.    That Harvard University has entirely divested from funds which are financing the Sudanese government’s actions in Darfur.

Council Believes
1.    In accordance with previous policy, OUSU should not support companies complicit in perpetrating the current abhorrent situation in Darfur.
2.    That advertising in publications such as the Oxford and Cambridge careers handbook afford companies such as UBS access to high calibre students for recruitment. Council believes companies complicit in maintaining the current situation in Darfur should not be allowed such privileges until they change their current stance.

Council Resolves
1.    To impose an advertising ban on UBS for all OUSU publications, including the Oxford and Cambridge Careers Handbook, whilst they continue their current relationship with PetroChina.

Proposed: Mark Darby  (Lincoln)Seconded:
Claire Addison  (OUSU VP Charities & Community)

 
2.    No Platform

Council Notes:
1.    That OUSU has a long standing No Platform policy.
2.    That the policy reads: "To refuse a platform to those individuals, or those who have links to individuals who  advocate, incite or perpetrate violence against ethnic, religious, cultural and sexual  groups."
3.    That the current policy expires at the end of this academic year.

Council Further Notes:
1.    That a number of JCRs passed a motion calling for a referendum on the policy.
2.    That the JCRs failed to notify OUSU by the deadline of Thursday of 3rd Week.

Council Believes:
1.    That free and frank debate is essential for the health of OUSU democracy.

Council Resolves:
1.    To hold a referendum on the renewal of the No Platform policy no later than 6th Week of Trinity Term.

Proposed: Martin McCluskey (OUSU President) 
Seconded: Claire Addison (OUSU VP, Charities and Community)


 
3.    Facebook and the Proctors
 
Council Notes:
1.    The Proctors’ use of Facebook in recent disciplinary cases regarding post-exam celebrations.
 
Council Further Notes:
1.    The ability of the Student Disciplinary Panel – to which many of the  “trashing” cases have been referred – to impose fines of up to £1000 or     rustication.
2.    That other Universities – such as Leeds – have specific regulations governing the use of Facebook and Social Networking Sites in disciplinary hearings.

Council Believes:
1.    That the University must clarify it’s regulations regarding the use of Facebook and social networking sites in disciplinary matters or other Proctorial investigations.

Council Resolves:
1.    To mandate the OUSU President to lobby the Proctors to set guidelines for their use of Facebook in disciplinary cases and Proctorial investigations.
 
Proposed: Martin McCluskey (OUSU  President) 
Seconded: James Lamming (OUSU VP, Access and Academic Affairs)

 
4.    OUSU Council Policy Motion

Council notes that:
1.    Richard Carnell, the Proposer, was rusticated in Trinity Term 2006 in hearings by both the Conference of Colleges and Regent's Park College.
2.    The purpose of the motion is not to make a judgment on the substantive arm of the case, but to highlight the extremely flawed manner in which both Regent's Park College and Conference of Colleges conducted their procedures.

Council further notes that:
1.    The hearing at Regent's Park College was flawed in the following ways:
1.    There was no investigation undertaken of Richard Carnell's side of case - he was  summoned to appear at a hearing without any prior questioning.
2.    The Principal of the College acted as the investigator for the Claimants' side, gathering evidence, and then proceeded to be an active member of the panel at the hearing, leading to a clear conflict of interest.
3.    Richard Carnell was excluded from all parts of the hearing when the Complainants and their witnesses gave evidence.
4.    No cross-examination of the Complainants and their witnesses was permitted.
5.    Legal representation to Richard Carnell was not allowed.
6.    The College adopted the civil standard of proof, a balance of probabilities, not the criminal standard of certainty.  This is particularly pertinent given the primary allegations were of harassment.
2.    The Conference of Colleges' procedure was flawed in the following ways:
1.    The Conference said it would act as a fresh hearing 'de novo' but in action acted as an appeal hearing taking into account the decision and procedure of the Regent's Park hearing. 
2.    This is very important because it confused its role, and could not act in an unbiased way as it should have as a 'de novo' hearing.
3.    The Conference of Colleges failed to recall the key witness to be cross-examined on  some evidence that cast into serious doubt his allegations.
4.    The Conference of Colleges' conclusions were questionable having not taken into full account the testimonies given by nine of Richard Carnell's witnesses.
3.    Both Regent's Park College, and the Conference of Colleges have breached Article 6, Right to a fair trial, of the European Convention on Human Rights (ECHR).
4.    A High Court judge said of the case:

“…the procedure adopted by the Disciplinary Committee of the College was flawed.  Exclusion of the claimant from material parts of the process is difficult to justify and the part played by the Principal is open to criticism…the decision by the Conference of Colleges Appeal tribunal that there was no impropriety [by the College in its procedure] is arguably wrong.”

Council further notes that:
1.    The consequence of these procedures failing to follow principles of  justice prevent Richard Carnell, the Proposer, from practising as a Barrister or Solicitor, and has seriously affected his future career prospects.
2.    Richard Carnell has been rusticated for two years.
3.    Richard Carnell’s parents have had to spend £25,000 on legal fees to date.
4.    The College and University are quite openly acting with disregard for the law.
5.    It is likely that other students have fallen foul of these unjust procedures prior to this.
6.    Without change to these procedures, students will continue to have their cases heard under this deeply flawed system.

Council believes:
The University and Colleges should enact their tribunals with accordance to Article 6 of the ECHR, specifically that the University and its constituent Colleges and PPHs should:
1.    Fully investigate all sides of a case before commencing proceedings.
2.    Separate the role of the investigator and panel members.
3.    Allow legal representation hearings if the parties subject to it so wish.
4.    Allow all parties to be present throughout the entirety of the hearing.
5.    Cross-examine all parties and their witnesses.
6.    Where appropriate, adopt the Criminal standard of proof of certainty.
7.    Give fully sustainable conclusions with detailed explanations for why a particular piece of evidence or witness is believed or disbelieved.
8.    Make clear their intentions to be a de novo or appeal hearing.
9.    Maintain the de novo or appeal position consistently throughout proceedings.

Council Resolves to:
1.    Mandate the President and Vice President (Access and Academic Affairs) to write letters on behalf of Richard Carnell to the Regent's Park College and Conference of Colleges expressing concern for their procedures.
2.    Mandate the President and Vice President (Access and Academic Affairs) to write letters on behalf of Richard Carnell to the Regent's Park College and Conference of Colleges requesting for a complete re-hearing of the case.
3.    Mandate the President and Vice President (Access and Academic Affairs) with other Common Rooms to lobby their Colleges, the Conference of Colleges and the University to ensure their discipline procedures comply with Article 6 of the ECHR.

Proposed by:  Richard Carnell (Regent's Park )
 Seconded by:  Aaron Borbora (Merton)

 
5.    Osney Mead Depository

Council Notes
1.    The Bodleian Library, which with its dependent libraries, holds over nine million volumes on shelving space measuring over 117 miles.
2.    The Bodleian Library is a legal depository and holds many special collections, including five medieval copies of the Magna Carta, Shakespeare’s first folio and a Gutenberg Bible.
3.    That the Bodleian Library receives approximately 5000 new volumes every week, requiring three miles of new shelving every year.
4.    That the Bodleian Library has run out of space for these new books, and is currently storing many deposits in a disused salt mine in Cheshire at a cost of over £300,000 annually.
5.    That the Bodleian Library status as a holder of special collections is at risk if it does not show evidence of substantial improvement to its storage conditions.

Council Further Notes:
1.    The trend across major research universities internationally to build depositories to store rarely used books.
2.    The proposed plans for a depository in Osney Mead, capable of holding around eight million volumes in climate controlled conditions.
3.    The importance of having a site close to Oxford city to improve stack request response times, but that storing millions and millions of books, many not consulted in decades, in the city centre is an extravagant use of prime real estate.
4.    That the proposed plans protect volumes stored in the depository from a one-in-five-thousand flood event (even taking into account global warming) and compares favourably to that of Westminster and Central London which is only protected up to the one in two thousand flood event. The Depository could therefore withstand flood events that would leave large parts of Oxford submerged under water.
5.    The full meeting of Oxford City Council on the 19th November to discuss planning permission for the depository.

Council Believes That:
1.    The Bodleian Library and its collections are vital resources for students, academics and members of the public, and are central to the University’s ability to maintain its status as a world class University.
2.    The building of the depository is vital to the continued effective functioning and future improvements of the Bodleian Library, allowing it to preserve its collections safely and better serve all its users.
3.    That the proposed depository is effectively protected from floods and does not damage views of the City skyline.

Council Resolves To:
1.    Offer the full support of OUSU towards the proposed plans for the Osney Mead depository.
2.    Mandate the OUSU President, OUSU Vice President (Access and Academic Affairs) and OUSU Vice President (Graduates) to:
a.    Write to all the City Councillors expressing the support of OUSU members for the building of the Osney Mead depository.
b.    Attend the meeting on the 19th November, and if possible speak in favour of building the Osney Mead depository.
c.    Encourage Common Rooms to pass similar motions to this supporting the Osney Mead depository and mandating their Presidents to contact City Councillors expressing their Common Room’s support for the scheme.
d.    Work with the Bodleian Library to offer what support OUSU can in lobbying the City Councillors to persuade them to support the building of the Osney Mead depository.

Proposed: James Lamming (OUSU VP Access & Academic Affairs 
Seconded: Ingrid Frater OUSU VP Graduates

 
6.    CCTV on Cowley Road

Council Notes:
1.    That OUSU launched a campaign at the beginning of this term regarding the installation of CCTV on Cowley Road in response to a 34.7% increase in violent crime in the area.
2.    That the proposal for 8 cameras covering the road had been blocked by the City Council’s East Area Parliament.
3.    That the installation of the CCTV system has the support of Thames Valley Police, the local MP and 79% of local residents recently surveyed.

Council Further Notes:
1.    That OUSU has been actively involved throughout the term in meetings where this issue has been discussed.
2.    That, in a meeting on 29th October, the City Councillors agreed to install four wireless CCTV cameras at key hotspots on Cowley Road.
3.    That this will be reviewed in one year and the effect on crime in the area analysed,

Council Believes:
1.    That CCTV is not the sole solution to solving crime problems on Cowley Road, but such a system will allow Thames Valley Police to more effectively deploy police officers in the side streets and around crime hotspots.
2.    That protecting the c. 3000 students who live in East Oxford from violent crime is and issue that the Student Union should take seriously.

Council Resolves:
1.    To welcome the City Council’s decision to install four CCTV cameras on Cowley Road.
2.    To continue to work closely with the East Area Parliament and Thames Valley Police to ensure student safety in East Oxford and other areas of the city where students live.
3.    To mandate the OUSU President for 2008-09 to be involved in the review of CCTV on Cowley Road and report to council on the progress of the review.

Proposed: Martin McCluskey (OUSU President)
Seconded: Claire Addison (OUSU VP, Charities and Community)

 
7.    Not So Bonn Square (Mark II)

Council Notes:
1.    That the condition of Bonn Square, where the OUSU Offices are located, has long been believed to harm accessibility to the Student Union and detrimental to providing a safe environment for the people who work in the building.
2.    Policy passed in 5th Week of Michaelmas Term 2006 to lobby the City Council to move ahead with the redevelopment.

Council Further Notes:
1.    The City Council’s plans for the redevelopment.
2.    That the redevelopment will begin in the middle of this month and continue until April.
3.    That the initial work may cause some disruption to access to the OUSU buildings.

Council Believes:
1.    That an open, accessible and well lit Bonn Square will help to improve access to the Student Union and provide a safe space for OUSU Officers, Staff and visitors to the building.

Council Resolves:
1.    To restate its support for the redevelopment.
2.    To inform students of the possible disruption to access during November making sure that alternative arrangements for meetings etc. are in place as necessary.

Proposed: Martin McCluskey (OUSU President)
Seconded: Claire Addison (OUSU VP, Charities and Community)