Minutes of the 272nd Meeting of the University Council held on 18 December 2000.
Members:
Dr J K Green (Chair); Dr C J Backhouse; Mr H Barber (ab); Mr J B C Blood; Mr R H Boissier; Professor W R Bowman; P Boydon; Dr T G M Brooks (ab); Dr S Campbell (ab); Professor L M Cantor; Sir Bryan Carsberg; Dr M J Catton; Mr M Crowhurst (ab); Professor J V Dawkins; Ms V Dhupa (ab); Dr A N Fairbairn; Mr D Gough (ab); Professor C Hanson; Mr P Harrisson (ab); Mr P J K Haslehurst; Dr T Higgins; Ms N Honey (ab); Mrs J E Hull; Professor T J Kavanagh; Dr G Mason; Mr E O Maxwell; Professor R McCaffer (ab); Mr M Moghal; Professor I C Morison; Mr W M Moss; Dr P N Murgatroyd; Dr L R Mustoe; Mr J Mutton; Dr A Osbaldestin; Mrs W M Pilkington; Sir Denis Rooke; Dr J F Rowland; Ven I Stanes (ab); Mrs J A M Strong (ab); Mrs M C Tomlinson (ab); Mr D R F Walker; Professor D J Wallace; Ms E Wallace (ab); Mr J B White; Mr C S Woodruff
In attendance: Professor J L Alty; Professor N A Halliwell; Mrs F M Hannah; Mr H M Pearson; Mr J M Town
Mr R D Thorpe; Mr R A Hill; Mr S C Stewart; Mr J Walker for item 00/135
Mrs S Samples for item 00/134
Apologies for absence were received from
Mr M Crowhurst; Ms V Dhupa; Mr P Harrisson; Ms N Honey; Professor R McCaffer; Mrs J A M Strong; Mrs M Tomlinson; Ven. I Stanes; Professor H Thomason
It was RESOLVED to confirm the Minutes of the 270th Meeting of Council held on 20 October 2000.
Council noted that Senate, at its meeting on 25 October 2000, has confirmed Council's approval of the establishment of the Research School in Ergonomics and Human Factors from 1 October 2000.
A member pointed out that reports from Resources and Planning Committee which were noted by Council included a statement that the recommendations from Operations Sub-Committee had been accepted. The full details of such decisions were often not included. An example quoted was the recent proposal to subscribe to the Microsoft Campus Agreement costing some £80,000 per annum. Council members were informed that this particular scheme was not recommended by the HEFCE Supported Combined Higher Education Software Team. It was suggested that Council should in future receive full details of such decisions so that they could comment on them and monitor the effectiveness of management.
[Note from the Secretary: The current position of the national advisory service CHEST is "Microsoft has taken on board the comments CHEST made regarding both CA v 1 and the draft version of CA v 2 and the final CA v 2 contract is improved". Dr Negus, Director of Computing Services reports that many sites have now joined the Agreement.]
Council noted a letter from the Secretary of State for Education regarding funding for higher education. Members were informed that additional funding had been granted but in return, universities were expected to "recruit and retain high quality staff in strategically important areas" and to "modernise the management processes within the sector".
The Vice-Chancellor reported on the following matters:
(i) The University was subject to industrial action short of a strike by MSF and Unison in support of their pay claim.
(ii) HRH The Duke of Edinburgh had formally opened the new Engineering Building. The Chancellor and all those involved in the opening ceremony were thanked for their contributions to the highly successful event.
(iii) Congratulations were extended to the Engineering Optics Group, which had recently been awarded the Queens University Prize and to staff in External Relations who had assisted in the preparation of their bid. Loughborough was one of only four universities in the country to have been granted three such awards.
(iv) Mathematical Sciences & Business & Management including Transport Studies had been subject to External Subject Review since the last meeting of Council. Both had been awarded 22 points out of 24 an 'excellent' outcome.
(v) The University's Swimming Club had won the National Short Course Championships. Club records had been broken 54 times and new English, Scottish, Welsh and British records had been set by club members.
COUN00-P83 (and separate enclosures)
In his introductory comments to the 1999/2000 Financial Statements, the Treasurer highlighted a number of issues. Income overall had increased from £101M to £106M and although Funding Council grants had decreased there had been a welcome increase in research grant and contract income. Expenditure on staff costs was up from £58.8M to £63.4M. Other operating costs had also increased thus demonstrating the importance of increasing research grant and contract income. The surplus of £744K was disappointing and the Treasurer emphasised that the budgetary process must be more rigorous if the proposed development programme was to be met. He also pointed out that the depreciation charge was based on the historical costs of land and buildings and would not be sufficient to replace at current values. The substantial building programme had resulted in an outflow from revenue and other reserves but the University was still in a strong position.
The objectives for the next two to three years were achievable but beyond that the opportunities for development would depend on the funds which could be put into reserves.
The Bursar gave a brief commentary on the balance sheet. Fixed assets had increased substantially as a result of the capital programme but the net current assets which represented the University's ability to pay its bills were down by approximately £4 million. The ratio of fixed assets to current assets remained within Funding Council Guidelines at 1.55:1. The University had failed to achieve its target surplus but this was largely due to investment for the 2001 Research Assessment Exercise.
Council RESOLVED to APPROVE the adoption of the Accounts.
COUN00-P84
The Bursar gave a progress report on the Capital Plan which included details of two new projects at Stage A, the Central Park Refurbishment (New Office Block) and the Central Park Refurbishment (Incubator Unit). It was reported that a number of companies had expressed interest in the latter scheme. Members were informed that, at Stage C, the Chemistry Extension was now in progress and that tenders were being sought for the Library Management System. At Stage D, the Science Faculty had been asked to make clear its academic strategy for the medium term in advance of the University beginning work on the refurbishment of the Central Park; the Dean indicated that this should be complete by February 2001. Detailed negotiations on the Off Campus Halls Refurbishment Scheme were continuing but members were assured that recommendations would be brought to Council before any decisions were made. Members were also informed that all bids to the Joint Infrastructure Fund (JIF) (Stage C) had been unsuccessful.
A member expressed concern about the impact of the ambitious capital programme on academic departments which were experiencing cuts in non-pay funding with almost no funding for expenditure on capital items within departments.
A member requested a report on progress in relation to the new Engineering Building. Council was informed that staff from Manufacturing Engineering had been moved into new office accommodation and some laboratories had also been relocated. The anticipated date for moving Aeronautical and Automotive Engineering was Easter.
COUN00-P85
Council received a presentation on the revenue implications of the English Institute of Sport. Members were informed that the revenue implication had been considered in detail by Treasurers Committee, Resources and Planning Committee and Performance Monitoring Group. The analysis had been based on an eight year period and had included an assessment of the net additional expenditure on the project, the new direct revenue from the facilities, the net indirect revenue, the investment costs and depreciation charges. The analysis showed that the revenue impact would fall to £250K at the end of eight years. However, if indirect revenue was taken into account, the project would break even or show a slight surplus. A detailed sensitivity analysis had also been undertaken. On average the pessimistic projections showed income decreasing to 80% and expenditure falling by 5%. The optimistic projections showed income increasing by 20% and costs up by 5%. Direct income and expenditure showed smaller variations under the sensitivity analysis. On the basis of this analysis, the revenue impact at the end of the eight years could range from a surplus of £300K (optimistic scenario) to a loss of £500-600K (pessimistic scenario). It was reported that the cost of land had not been factored into the analysis.
COUN00-P86
The Council considered a recommendation from the Resources and Planning Committee to give Stage E approval (final approval) to the Swimming Pool Project, subject to a cost limit of £7.1M, representing a maximum contribution by the University and other donors of £1.0M recognising Sport England's agreed contribution of £6.1M. The Director of Estates explained that the proposed procurement process for the project would move all risks to the contractor once contracts had been signed. 20 out of the 26 work packages had been agreed and the Design Team had complete confidence that the project would be within budget. Mr R D Thorpe emphasised the importance of the project from a sports facilities perspective. He explained that the existing pools would need replacement in the near future at a minimum estimated cost of £3M. The Sports England initiative provided a unique opportunity for the University to obtain an Olympic standard training pool for investment of £1Million. The revenue costs of the new pool were queried and Mr S Stewart indicated that the cost of running the existing pools was £168K per annum compared to a cost of £200K for the new pool. In response to a member, he also indicated that reserved pool use would constitute 50% of the pool for two hours per day twice a day, leaving the majority of usage under control by the University.
Council RESOLVED (by 28 votes to 0 with 4 abstentions) to give Stage E approval (final approval) to the Swimming Pool Project subject to a cost limit of £7.1M, representing a maximum contribution by the University and other donors of £1.0M, and recognising Sport England's agreed contribution of £6.1M. Council noted the likely completion date of June 2002.
COUN00-P87, P88 & P89
Council considered a recommendation from Nominations Committee to recommend amendments to Statue XIII regarding the size and composition of Council together with comments on the recommendations from General Assembly and Senate. In introducing the proposals the Registrar reminded members that Council had approved the principle of a reduction in the size of Council from 49 to 30 at its meeting on 19 July and had asked Nominations Committee to bring forward proposals on membership. The resulting proposals from Nominations Committee, presented in document COUN00-P87 had been considered by a meeting of General Assembly at which 7% of the membership had been present and which had recommended two possible alternatives. The first alternative would increase membership to 32, to include:
The second alternative would maintain membership at 30 to include:
The suggestions of General Assembly had subsequently been supported by Senate.
During discussion the following points were made:
It was RESOLVED (by 20 votes to 8 with 4 abstentions) to reject the request from General Assembly to increase the proposed membership to 32.
It was RESOLVED (by 13 votes to 12 with seven abstentions) to support the amendment put forward by General Assembly to maintain membership at 30 to include:
It was RESOLVED unanimously to APPROVE a special resolution to recommend amendments to Statute XIII in accordance with the recommendations of Nominations Committee subject to the above amendment. Council was reminded that the special resolution would be re-submitted to the next meeting of Council at which it must be confirmed by a similar level of support before submission to the Privy Council. The changes would not be implemented until Privy Council approval had been received.
COUN00-P90
It was RESOLVED (by 30 votes with 2 abstentions) to APPROVE a special resolution to recommend amendments to the Charter and Statutes I, II, XII, XIV, XVI, XXI and XXV to replace the terms "Schools of Studies" and "Boards of Studies" with "Faculties" and "Faculty Boards" . A member pointed out that the University had in fact implemented these changes without gaining the approval of the Privy Council.
COUN00-P91
Council considered a report from the Working Group established by Council to review the effectiveness of Council. The Registrar explained that a wide review had been undertaken and that this had included the circulation of a questionnaire to members of Council and the collection of evidence from a range of University Officers. The Group had produced a series of recommendations to improve the effectiveness of Council.
During discussion, a member suggested that the appointment of mentors for new members of Council be considered in addition to the existing recommendations for induction training and attendance at Council meetings prior to appointment. Another member suggested that all members should be issued with a copy of the Charter and Statutes and the Registrar undertook to do this.
Council RESOLVED to APPROVE the recommendations of the Working Group as summarised in the Agenda paper.
COUN00-P92
Council received the Annual Report of the Audit Committee for 1999/2000 which included the report of the Internal Auditors. The Chair of the Audit Committee drew attention to the conclusion of the Internal Auditors that the University had a satisfactory framework of control and that its financial procedures were good. This had been endorsed by the HEFCE Audit Service which had visited the University in May. Recommendations made by the HEFCE Audit Service were currently being implemented. The Audit Committee had also drawn up a register to ensure that changes recommended by the internal and external auditors were implemented promptly.
Council was informed that the Committee had vacancies for one Lay member and one Co-opted member. It was RESOLVED TO APPROVE the co-option of Mr S Orrell, Director of Finance at Derby Tertiary College, to the Committee.
A member requested that the Audit Committee consider the recommendations of the HEFCE Audit Visit concerning the membership of Information Services Committee. Council was informed that a representative of the Computer Users Committee used to be a member of Information Services Committee and it was suggested that this be considered further. Another member highlighted the implications of the Data Protection Act which prohibited the practice of withholding results from students who were in debt to the University. It was pointed out that the University was still entitled to withhold the award of the degree and the Registrar was asked to consider the sanctions which could be applied and report back to Council.
ACTION: Registrar
COUN00-P93
Council considered three motions from two members of Council. It was RESOLVED to APPROVE motions 1 and 2 as follows:
University Council resolves to obey the Charter and Statutes of the University and ensure that all Ordinances and Regulations are followed.
In order to inform current members, Council instructs the Secretary to Council (Registrar) to report regularly in writing on the present state of all the proposed changes to the Charter and Statutes and give a summary of the changes that need to go to the Privy Council for approval, and to inform Council when the amended Charter and Statutes can be legally used by the University.
Council then proceeded to consider motion 3 as follows:
Council shall set up a nomination committee to fill the vacant position of Senior Pro-Vice-Chancellor (SPVC), and bring such nomination to the next ordinary meeting of Council.
In response to the motion, the Registrar reported that he had obtained legal advice on behalf of the Council to the effect that the post of Senior Pro-Vice-Chancellor should not be treated as vacant - a Joint Committee to appoint a Senior Pro-Vice Chancellor had been appointed by Council under the terms of the existing Statute in December 1999 and subsequently recommended to Council the appointment of the current incumbent as Deputy Vice Chancellor.
The existing appointment was valid and action to exclude the incumbent would lay the University open to a successful legal action for re-instatement and compensation.
The Council should not therefore consider the third motion proposed, namely that a nomination committee be formed to appoint a new Senior Pro-Vice-Chancellor.
It was proposed that Motion 3 should not be put to Council. It was RESOLVED (by 23 votes for, 0 votes against and 8 abstentions) that the motion be not put.
A member expressed concern that changes to Charter and Statutes had not been submitted to the Privy Council for approval. The Registrar indicated that Council had considered changes to Charter and Statutes at virtually every meeting in the last academic year and it had been considered appropriate to send them to the Privy Council in one tranche.
COUN00-P94
Council RESOLVED to approve a list of appointments to outstanding vacancies on Council Committees and Joint Committees with Senate.
COUN00-P95
Council RESOLVED to approve nominations by the Students Union to membership of Council and its Committees and Joint Committees with Senate. Council was also informed that Mr J Blood had agreed to assume responsibility as Chair of Health, Safety and Environmental Committee after its next meeting.
COUN00-P96
Council RESOLVED to approve the following recommendations referred by Senate at its 338th Meeting on 29 November 2000.
(i) New programmes for introduction in the 2000/2001 session:
MSc/LPD/LPC Batch Process Engineering
MSc/LPD/LPC Chemical Product Design
(ii) New programmes for introduction in the 2001/2002 session:
BA English with a minor in North American Literature and Film
MEng Chemical Engineering with Professional Development
(iii) New awards in 2000/2001:
Introduction of DPS award in:- BSc, MChem Chemistry; Chemistry with Analytical Chemistry/Environmental Science/Forensic Analysis/Information
Studies/Materials/Polymer Chemistry/Technology; Medicinal and Pharmaceutical Chemistry
BSc Chemistry and PE and Sports Science
Introduction of DIS award in:- MPhys Physics
BSc PE, Sports Science and Physics
(iv) Discontinuation of the following programmes:
BSc Industrial Mathematics (last intake 1996/1997)
MSc Computing (last intake 1999/2000)
Diploma in Digital Communication Systems (last intake 2000/2001)
(v) Consequent upon the decision by Senate on 25 October 2000 to confirm Council's decision to close the department of Education with effect from 1 August 2001 the discontinuation of the following programmes with a final intake in 2000/2001:-
MA Art and Education
MA Education Studies
MA Education Studies (HEADLAMP - NPQH)
MA Education Studies (Peterborough)
MA Education Studies (School Effectiveness and School Improvement)
MSc Mathematical Education
.2 Revisions to Ordinances X, XIV, XV, XVIII, XX, XXVIII, XXX with immediate effect.
.3 The establishment of new prizes and altered conditions to an existing prize.
COUN00-P97
Council RESOLVED to ratify the action of the Registrar in affixing the University Seal to the documents listed.
COUN00-P98
Council received the Annual Report of the Alumni Association for 1999/00.
COUN00-P99
Council received a report of the meeting held on 12 October 2000.
COUN00-P100
Council received reports of the following Committees
.1 Audit Committee of 26 October 2000
.2 Health, Safety & Environmental Committee of 15 November 2000
.3 Research Committee of 14 June & 2 November 2000
.4 Resources and Planning Committee of 13 October & 10 November 2000
.5 Student Services Committee of 8 November 2000
.6 Senate of 25 October & 29 November 2000
.7 Treasurers Committee of 29 November 2000
Members were informed that the "if required" meeting scheduled for 16 February 2001 would take place.
Author - F M Hannah
Date - January 2001
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