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The
Council
COUN06-M7
Minutes of the meeting of the University Council held on Tuesday 19 December 2006.
Members:
Sir Bryan Carsberg (Chair); Dr Memis Acar; John Blackwell;
Roger Boissier (ab); Penny Coates; Dr Sandie Dann; Vivian Dhaliwal (ab); Venu
Dhupa (ab); Gifty Edila; Sir John Gains; Marc Gibson; Paul Glover; Gemma
Godfrey; Professor Neil Halliwell; Peter Haslehurst (ab); Norma Honey (ab); Sir
John Jennings; Jim Mutton; Professor Richard Parry-Jones (ab); Professor
Shirley Pearce; Graham Picken; Simon Proffitt; Dr Fytton Rowland; Jackie Strong
(ab); Jeremy Swaffer (ab); Professor Rachel Thomson; Professor Y Vardaxoglou;
Professor Peter Warwick; Dr Cyril Woodruff; Alan Woods
In attendance:
Professor Chris Backhouse; Professor Morag Bell; Chris Dunbobbin; Professor Peter Golding; Professor Terry Kavanagh; Professor Ken Parsons; Michael Pearson; John Town; Jon Walker; Rachel Wiggans; Peter Winter
Apologies for absence were received from:
Vivian Dhaliwal; Peter Haslehurst; Norma Honey; Professor Richard
Parry-Jones
06/102 Minutes
The
Minutes of the Meeting of Council held on
06/103 Matters
Arising
06/103.1 Induction Programme for New members
The Registrar reported that the first induction
event for new and existing members of Council had been held on 14 December
2006. Feedback from participants had been very positive, and the event would be
repeated early in 2007 for those who had been unable to attend. The Registrar
would also seek to arrange a number of Departmental visits in the New Year.
ACTION: JMT
06/104 University Strategy
2006-2016
COUN06-P103
(Fidelma Hannah attended for this item)
Council
RECEIVED an updated draft of the University Strategy for 2006-2016, as amended to take account of comments from a wide range of
committees (including the previous meeting of Council), individual members of
staff and external agencies. Preliminary mock-ups, suggesting how the strategy
would be presented were also circulated.
Council APPROVED the document, and noted the following:
i)
It was important for the strategy to
be understood across the whole of the University, and to this end a joint Heads
of Department/Support Services Away Day would be held in January 2007 to begin
the process of cascading the core elements to all members of staff.
ii)
A number of more detailed supporting
strategies were being developed relating to each of the key areas of the main strategy,
and it was anticipated that these would be ready for approval by Council in
July 2007. Work was also underway to design a set of Key Performance Indicators
for Council in relation to the implementation of the strategy.
iii)
The strategy would be translated
into other languages, taking into account its international context.
iv)
It was important that in communicating
with its key stakeholders, the University was clear about when it was
consulting (in relation to the emerging supporting strategies) and when it was
disseminating what had already been decided (in relation to the main strategy).
It was noted also, that while it should not necessarily form part of the main strategy,
the University should consider developing a list of its key stakeholders.
06/105 Review of
Effectiveness of Council
COUN06-P104
Council RECEIVED an updated implementation plan for the Review of the
Effectiveness of Council. Pre-meeting briefings on important issues of the
moment, were considered to be particularly useful, and members were invited to
put forward suggestions for future speakers. It was noted also that Council
might benefit from the co-option to its membership of a current practitioner in
Health and Safety, and members were invited to propose suitable candidates.
ACTION: All
06/106 University Accounts
(Rachel Wiggans attended for this item)
06/106.1 Financial Statements
COUN06-P105
The Treasurer introduced the University Financial Statements for the
year ended 31 July 2006, together with the comments of the Treasurer’s
Committee, and noted the following:
i)
Overall, it was a good set of
results. The University’s cash flow position was very strong, and net
debt stood at just £1.17m.
ii)
For the first time, the deficit in
relation to the Local Government Superannuation Scheme (LGSS) was included on
the University’s balance sheet, and work would need be undertaken to
establish whether the deficit represented a cash or a notional liability on the
University. It was probable that the deficit would worsen if existing trends
continued, and the University would need to consider carefully what action was
required if it was found to have a negative impact on cashflow.
Council APPROVED the adoption of the accounts for 2005-06.
06/106.2 Financial Compliance Review 2005-06
COUN06-P106
Council RECEIVED the Financial Compliance Review for the financial year
ending 31 July 2006, as presented by the Director of Finance, and noted the
following:
i)
All of the targets set by HEFCE in its Financial
Memorandum, and by the University’s debt bankers had been met
comfortably.
ii)
With regard to the forecast position for 2007-2010,
it was possible that the University would be in breach of the 3% surplus target
set out in its own Financial Strategy. There had been previous occasions on
which this self-imposed target had been missed, but the surplus was important
for spending on the capital programme in particular. Work was being undertaken
on methods of analysing the surplus target in a more strategic way than simply
as an extension of the fallback position set by HEFCE, and in this context, it
was noted that having undertaken a review of the Estates Management Strategy,
the University had a much more sophisticated model in place in relation to
capital expenditure over the next 6 years.
06/106.3 Analysis of Research Income 2005-06
COUN06-P107
Council RECEIVED a summary of research income in 2005-06.
06/107 Capital Programme
(Macolm Brown, Roy Hill, and Tim Walton attended
for this item)
06/107.1
Progress Report
COUN06-P108
Council RECEIVED a progress report, noting in particular that Stage A status had been approved for the following projects: (i) Advanced Cell Technologies Laboratory and Bioelectrical Engineering Laboratory; (ii) Wet Recovery Suite, (iii) Athletic Track Upgrade. It was anticipated that (i) and (ii) would be ready by Summer 2007, and (iii) by Summer 2008.
06/107.2 Car Park 7 Development
COUN06-P109
Council RECEIVED a report on the proposed development of student residences on Car Park 7, and noted that Charnwood Borough Council had recommended the grant of planning consent subject to a final detail being agreed in relation to one elevation. This had enabled UPP to finalise all construction and project costs and it was anticipated that Financial Close would be achieved on or about 5 February 2007. At the time of the meeting, the Financial Model indicated a positive premium of £150,000. This had been achieved by increasing the length of let and the base rent, and reducing the soft FM payment by UPP to Imago Services. However, the final premium would be subject to a number of sensitivities, including the Bank of England interest rate at Financial Close.
Council members were asked to note the implications of the agreement in
terms of the following areas in particular:
i)
Demand risk. This would mainly be borne by UPP,
because the University would have no obligation to fill the rooms in the new Halls.
However, it would be bound to market and allocate students to them even
handedly. There were also risks in the longer term, because future events, such
as more students living at home rather than in Halls of Residence, might impact
upon demand.
ii)
The University would lose its ability to negotiate
rent increases with students (except in relation to catering) as this would be
controlled by formula within the agreement based on RPI uplifts on the current
rental.
iii)
The agreement would include a covenant restricting
the University’s ability to build new rooms, or take additional rooms
under its management.
iv)
Under the agreement, the University would be required
to provide the equivalent standard of service to the new UPP rooms as provided
to existing University rooms. Accommodation Steering Group had agreed that for
the purposes of the Financial Model, a figure of 12% of the passing rent should
be taken for the soft FM, even though this did not cover the full cost of
providing the level of service delivered to existing Halls. It would be
necessary therefore to provide Imago Services with a subsidy of around £120,000+RPI
each year, or reduce the level of service to all existing Halls. These options
would need to be pursued separately.
Council RESOLVED to delegate authority
to the Chair, Treasurer and Vice-Chancellor to give final approval to proceed
on behalf of the University as soon as possible after Financial Close was
achieved, in order to allow the planned completion dates to be achieved.
06/107.3 Health, Exercise and
COUN06-P110
Council RECEIVED a report on the
Health, Exercise and
i)
Operations Sub-Committee had agreed to increase the
approved budget from £12m to £12.7m.
ii)
Jon Walker had been successful in obtaining
additional funding of £1.5m for the project from the Wolfson Foundation.
Council RESOLVED to delegate authority to the Chair, Treasurer and Vice-Chancellor to give final approval to the project, provided the costs remained within £12.7m, in order to allow a speedy commencement to the project.
06/107.4
(some
information has been redacted due to commercial sensitivity)
The Bursar reported that the University
was involved in negotiations with an external partner. If agreement could be
reached, it would represent a significant benefit for the University and the
East Midlands, and would help to kick-start the second phase of the
06/108 Residential Hall Fees
COUN06-P111
(Malcolm Brown attended for this item)
Council received reports on Hall Fee negotiations for the 2007-08
academic year from the Director of Imago Services, and the President of the
Loughborough Students’ Union (LSU).
The Director of Imago Services reported that negotiations with LSU had
been amicable, but that the two parties had been unable to reach agreement. The
main problem for Imago was that the Car Park 7 project agreement meant that room
rent increases across all accommodation would be limited to RPI+½% for the
immediate future. This formula was
insufficient to cover the catering element of hall fees where staff costs ran
considerably higher, and would result in the halls account being unsustainable
in future years. A number of proposals involving an additional increase in the
catering element of the fee, or an increase of RPI+1% across all halls had been
explored but ultimately rejected by LSU.
LSU was sympathetic to Imago’s difficulties, and accepted that
staff costs were rising at a rate greater than RPI. However, it considered catered
halls to be an important part of the Loughborough student experience, and was
concerned that separating out catering costs, and increasing the differential
between catered and non-catered hall fees would make the former less attractive
to incoming students, and begin a process that would ultimately lead to their
closure.
There was some support for the notion that catered halls enjoyed a more collegial atmosphere, and that this
contributed to an improved student experience. However, other factors also played
a part, and many students in self-catered halls held equally positive feelings
about their accommodation. It was also apparent that large numbers of
prospective students expressed a preference for non-catered accommodation, and
only became aware of the benefits of catered halls after arrival. It was
important therefore to ensure that new students were not deterred from coming
to Loughborough
because of the type and cost of accommodation available. The benchmarking data
that was available indicated that hall fees at Loughborough were average or
below average, and that the differential between the cost of catered and
non-catered rooms was comparable to that at other Universities. However, it
remained difficult to judge with certainty the impact, if any, that the
proposed increase to catered hall fees would have on demand for catered rooms,
and on student recruitment more generally.
Following careful consideration of the issues raised in this round of
hall fee negotiations, Council AGREED that the University should undertake in
2007 a full review of its approach to the provision of catered and non-catered
student accommodation, and the associated soft FM, taking into account costs, contribution
to student experience, and impact on student recruitment. Pending this review, Council
APPROVED an increase in hall fees of RPI+½% only for 2007-08 with no additional
increase for catered halls.
06/109 Audit Committee
06/109.1 Report of Meetings
COUN06-P112
Council RECEIVED the report of the meetings of the Audit Committee held
on 1 November 2006 and 23 November 2006, and noted that the Audit Committee had
resolved to recommend to Council the following Statements included in the
University’s Financial Statements for 2005-06:
i)
Statement of Corporate Governance
ii)
Statement of the Responsibilities of
Council
06/109.2 Annual Report of the Audit Committee
2005-06
COUN06-P113
Council RECEIVED the annual report of the Audit Committee for 2005-06 together
with the Annual Report from the Internal Auditors. It was the Audit
Committee’s view that the University had satisfactory arrangements in
place to enable it to provide an assurance to Council concerning the
effectiveness and adequacy of the risk management, control and governance
processes. However, the following were identified as areas where there was room
for improvement:
i)
The E-Payment system for the payment
of tuition fees.
ii)
The Risk Register and related
documents.
iii)
The extent to which a pro-active
risk management ethos was fully embedded across all departments.
06/109.3 Meetings with the External Auditors
COUN06-P114
Council RECEIVED a report of meetings with the External Auditors held on
23 November 2006.
06/110 Health, Safety and
Environmental Committee
COUN06-P115
Council RECEIVED reports of the meetings of the Health, Safety and
Environmental Committee held on 15 November 2006 and 14 December 2006, and
APPROVED the following recommendations:
i)
University Health and Safety Policy
·
An updated draft of the Health and Safety Policy,
taking into account amendments made at the meeting of the Health, Safety and
Environmental Committee on 14 December 2006, was tabled. The law required the
University to have an up to date Health and Safety Statement, and it had been
felt that although the University had appropriate risk management procedures,
these had not been described adequately in the existing policy.
·
It was agreed that in order to help all University
staff understand their obligations under the new policy, the introduction
should be amended to state that the Vice Chancellor recognised her responsibility
for the health and safety of all persons affected by the undertakings of the
University, but that she exercised this obligation by the devolution of
responsibilities, as outlined in the Policy. It was important that all members
of staff read the policy and understood their contribution to the overall
health and safety of the University.
·
The Chair of the Committee thanked the trades union
representatives for the helpful and constructive approach taken towards
agreeing the new policy, and commended Tom Fleming and Brigette Vale for their
contribution to the drafting exercise.
·
Council APPROVED the policy on the basis that the
Chair of the Committee would finalise the minor amendments required.
ii)
University Health and Safety Policy on Controlling
Noise at Work
iii)
University Health and Safety Policy on the Control of
Hand Arm Vibration at Work
06/111 Matters for Reports
06/111.1 Pro-Vice-Chancellor (Research)
(some
information has been removed due to commercial sensitivity)
(i) Research
Grants Applications – first quarter
COUN06-P116
NOTED.
(ii) Research grants awarded – first quarter
COUN06-P117
NOTED.
(iii) RAE 2008 / Other Matters
COUN06-P118
Council NOTED the following points, in the context of preparations for
the RAE 2008:
· The census deadlines were approaching, but there was still time to undertake activities that would contribute to the return.
· Preparations for the compilation of the return to the RAE Assessors were well underway, and thanks were given to the Research Office for its work in ensuring the University’s data matched HEFCE’s requirements.
· The deadline for outputs to be included in the assessment was 31 July 2007. The results of the exercise, and the funding consequences, would be known late in 2008.
The Pro-Vice-Chancellor (Research) ended by drawing members attention to a number of examples of the wide range of exciting and important research activities being undertaken across the University. It was agreed that information of this nature would constitute an excellent pre-Council briefing, and the PVCs were asked to arrange for a joint presentation, including examples, of research, teaching, and enterprise prior to a future meeting.
ACTION: PVCs
06/111.2 Pro-Vice-Chancellor (Teaching)
COUN06-P119
(i) Student Intake Targets 2007: NOTED
(ii) Applications for 2007 Entry: NOTED
06/111.3 Pro-Vice-Chancellor (
COUN06-P120: NOTED
06/111.4 Director of External Affairs
COUN06-P121:
NOTED
06/112 Vice-Chancellor's
Business
Council RECEIVED a report from the
Vice-Chancellor on the following matters:
i)
Loughborough had been
awarded the Times Higher Award for Best Student Experience, and the
Vice-Chancellor congratulated everyone involved with the University for their
role in this achievement.
ii)
Loughborough had been
invited by the Economic Development Board in
iii)
The University would be receiving from HEFCE an
additional £1K per student, per annum, for three years, for students studying
science-based subjects.
iv)
In the pre-Budget report, the government had
published the outcome of its recent consultation on a new assessment
process to replace the Research Assessment Exercise (RAE) after 2008. The
report identified funding that would be available to support applied research, and
the Vice-Chancellor had expressed an interest to HEFCE in being part of the
group responsible for defining applied research for this purpose. The
pre-Budget report had also indicated that much of the new investment in
education would be in schools and at FE level, rather than in HE, and the
University would need to work closely with
v)
The Vice-Chancellor noted that for future meetings,
she would prepare a briefing paper on developments affecting the HE sector as a
whole, in order to help members keep abreast of relevant external events.
06/113 University Statutes
06/113.1 Confirmation of Special Resolutions
Further to minute 06/83 and paper
COUN06-P91, Council CONFIRMED Special Resolutions to recommend to HM Privy
Council the following:
(i) Amendments to Statute V (The Vice Chancellor).
(ii) Repeal of Statute XII (The Court), and associated changes to
Ordinances VIII (Members of Court), and IX (Court Annual Meetings).
(iii) Amendments to Statute XIV (The Senate).
(iv) Repeal of Statute XXII (Retirement and Resignations of Members
of Staff).
(v) Repeal of Statute XXVII (Transitional Arrangements for the
Council).
06/113.2 New Special Resolutions
COUN06-P122
On the recommendation of Senate,
Council RESOLVED to pass a Special Resolution to recommend to HM Privy Council
an amendment to Statute XIV (The Senate), and APPROVED associated changes to
Ordinance VII (The Pro-Vice-Chancellors).
06/114 University Ordinances
06/114.1 Confirmation of Amendments
Further to minute 06/84 and paper COUN06-P92, Council CONFIRMED an amendment
to Ordinance XI (Conduct of Meetings) with immediate effect.
06/114.2 New Amendments
COUN06-P123
On the recommendation of Senate, Council APPROVED amendments to
Ordinance XXXVIII (Student Complaints Procedures), with effect from
06/115 Scheme of Delegation
COUN06-P124
Council
NOTED a report from the Registrar documenting current delegation of Council
powers/responsibilities to Officers and Committees.
06/116 Senate
COUN06-P125
Council RECEIVED reports from the meetings of Senate
held on 25 October 2006 and 22 November 2006, and APPROVED the following
recommendations:
(i) Programme Proposals
(ii) Establishment of New Prizes, Amendments to Existing
Prizes, and the Discontinuation of Prizes
06/117 Honorary Degrees
Committee
COUN06-P126
Council APPROVED an amendment to the membership of Honorary Degrees
Committee.
06/118 Common Seal
COUN06-P127
Council RESOLVED to ratify the action of the Registrar in affixing the
University Seal to the documents listed.
06/119 Alumni Annual Report
COUN06-P128
Council RECEIVED the Alumni Annual Report.
06/120
COUN06-P129
Council
RECEIVED a report from the Loughborough University Development Trust and
summary financial statements for the period to 31 July 2006.
06/121 Chair’s Action
Council NOTED that the
Vice-Chancellor had taken action on behalf of Senate and Council to approve:
Change of title from MA in Making Performance and Multi-Media Texts to
MA in Performance and Multi-Media Texts, with effect from October 2007 entry.
06/122 Reports of Committees
Council RECEIVED
reports from the following Committees:
(i) Treasurers Committee/Audit Committee
–
(ii) Research Committee –
(iii) Resources and Planning Committee –
(iv) Student Services Committee –
(v) Treasurer’s Committee –
06/123 Any Other Business
Council RECEIVED a motion concerning entertainment
events held at Loughborough Students’ Union (LSU) under the auspices of
two mens’ magazines. It was alleged that the entertainments were of a
sexist and semi-pornographic nature, and would have contravened the
University’s equal opportunities policy had they taken place on
University property. It was acknowledged that the University had no authority
over the events which LSU chose to hold on its premises. However, this was not
necessarily known by the public, and in order to protect the University’s
reputation, Council was urged to take steps to discourage such events in the
future, and to ensure they were not advertised on University property.
The Registrar had urged LSU not to hold the
events, but the
i)
It was not clear that the
entertainments had in fact been sexist or semi-pornographic, and no complaints
had been received from students.
ii)
The adverts for the events that were
placed on campus had not been offensive.
iii)
The University’s website did
not have links to either of the magazines involved, although LSU had its own
website, which may have contained such links.
The LSU President noted that she had received a
small number of complaints from students about the events, and that the complainants
had been supported in raising their concerns. However, the
Council NOTED the contents of the motion, and emphasised
that it would not support any event that was pornographic in nature, or which
demeaned women or any minority group. Council was satisfied, however, that it
was sufficient in the case at hand to encourage discussions between LSU and the
Registrar in order to resolve any differences in opinion about the propriety of
entertainments held by LSU in the future.
06/124 Dates of Future Meetings
Friday, 30 March 2007 (10.15am)
Tuesday, 24 July 2007 (2.30pm)
Author – Chris Dunbobbin
Date – January 2006
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