LOUGHBOROUGH UNIVERSITY
General Assembly 15th November 2000
Proposed Changes to Statute, November 2000
A: SIZE AND COMPOSITION OF COUNCIL
One of the key issues relating to the effectiveness of university governing bodies, particularly in the pre-1992 universities, is their size and composition. The Dearing Report recommended a substantial reduction and one of the major recommendations of the recent HEFCE Audit visit was that the University should consider such a reduction at the earliest opportunity.
Rationale for Change
The Loughborough Council has a membership of 49. The Nominations Committee agrees with the various national bodies that this is too large for effective governance in the demanding corporate environment which has developed over recent years. The report of the National Committee of Inquiry into Higher Education (Dearing Report) expressed the view that, over the next 20 years, very large governing bodies would not be conducive to the proper exercise of individual and collective responsibility, to individual liability or to institutional effectiveness.
Dearing felt that governing bodies were likely to function most effectively when they do not exceed 25 members. When considering this recommendation, however, it should be borne in mind that councils of pre-1992 universities need to provide for an appropriate level of staff and student representation, whilst at the same time having a lay majority overall. Additionally, they need to include a sufficient number of lay members to provide for the substantial lay involvement in key committees of the university.
It is not only the size of governing bodies but also their composition which is of concern. It has been the common view for many years that in order to achieve independence and accountability in governance, effective governing bodies should have a majority of lay members. Privy Council will not accept changes to statutes which do not conform to this rule. Further to this, the Committee on Standards in Public Life (the Nolan Committee), commended to all institutions that ‘best practice in appointing members of governing bodies is to select on the basis of merit and skills subject to the need to achieve a balance of relevant skills and backgrounds on the board’. Dearing concluded, therefore, that, governing body membership should not be determined by external appointments or offices held but on the expertise and capacity of the individual.
Nominations Committee Recommendations
Nominations Committee has had discussions on this issue resulting in the following proposals for a reduction to 30 in the size of Council:
PROPOSED NEW MEMBERSHIP OF COUNCIL
Lay Officers
(Chancellor, Pro-Chancellors, Treasurer) 5
Academic Officers(VC, PVCs) 4
Chief Education Officer, Leicester CC 0
Appointed by Alumni Association 1
Appointed by Leicestershire LEA 0
Appointed by the Students’ Union 2
Appointed by the PG Association 0
Elected by the Court 3
Elected by the Senate 4
Elected by the Assembly 1
Elected by the Non-Academic Staff 1
Co-opted 9
Method of Appointment
Ex-officio 9 30%
Appointed 3 10%
Co-opted 9 30%
Elected 9 30%
External (Lay) Membership
Academic officers 4
Lay University Officers 5
Lay Members 12
Staff 6
Retired Staff 1
Students 2
Staff 37%
Lay 57%
Students 7%
EXISTING MEMBERSHIP OF COUNCIL
Lay Officers
(Chancellor, Pro-Chancellors, Treasurer) 5
Academic Officers(VC, PVCs) 4
Chief Education Officer, Leicester CC 1
Appointed by Alumni Association 1
Appointed by Leicestershire LEA 2
Appointed by the Students’ Union 2
Appointed by the PG Association 1
Elected by the Court 8
Elected by the Senate 8
Elected by the Assembly 3
Elected by the Non-Academic Staff 3
Co-opted 11
Method of Appointment
Ex-officio 10 20%
Appointed 6 12%
Co-opted 11 22%
Elected 22 45%
External (Lay) Membership
Academic officers 4
Lay University Officers 5
Lay Members 21
Staff 14
Retired Staff 2
Students 3
Staff 41%
Lay 53%
Students 6%
The proposed changes to Statute are shown below:
Statute XIII. The Council: Para 1. Existing version
*1. The Council shall consist of the following persons, namely:
(i) Ex-officio Members
(a) Internal
The Chancellor, the Pro-Chancellors, the Vice-Chancellor, the Pro-Vice-Chancellors, the Treasurer.
(b) External
The Chief Education Officer of the Council of the County of Leicestershire.
(ii) Appointed Members
Persons appointed as follows:
One by an Association recognised by the Council as representing former students (including, if the Council so determines, former students of the College);
One by an Association recognised by the Council as representing postgraduate students provided that the person appointed shall be a student of the University;
Two students of the University appointed by the Students' Union, one of whom shall be the President of the Students' Union, if he be a student of the University;
Two by the Local Education Authority for the County of Leicestershire.
(iii) Members Elected by the Court
Eight members of the Court, not being members of the Academic or other staff of the University or students, elected by the Court of whom not more than two shall be former members of the Academic or other staff of the University.
(iv) Members Elected by the Senate
Eight members of the Senate, being members of the Academic Staff, elected by the Senate of whom not more than four shall be Elected Members of the Senate; but no member of the Senate shall be eligible for such election to the Council during his final year of office as a member of the Senate.
(v) Members Elected by the General Assembly
Three members of the Academic Staff elected by the General Assembly.
(vi) Other Elected Members
Three members of the staff other than the Academic Staff, other than those employed on an hourly or fee basis or those self employed, elected from within their own number.
(vii) Co-opted Members
Such other persons of whom not more than two shall be members of the Academic or other staff of the University, and not exceeding eleven in all, as may be co-opted by the Council.
Statute XIII. The Council: Para 1. Revised version
*1. The Council shall consist of the following persons, namely:
(i) Ex-officio Members
(a) Internal
The Chancellor, the Pro-Chancellors, the Vice-Chancellor, the Deputy Vice-Chancellor, the Treasurer, two of the Pro-Vice Chancellors to be nominated by the Chairman of Senate.
(ii) Appointed Members
Persons appointed as follows:
One by an Association recognised by the Council as representing former students (including, if the Council so determines, former students of the College);
Two students of the University appointed by the Students' Union, one of whom shall be the President of the Students' Union, if he be a student of the University;
(iii) Members Elected by the Court
Three members of the Court, not being members of the Academic or other staff of the University or students, elected by the Court of whom not more than one shall be former members of the Academic or other staff of the University.
(iv) Members Elected by the Senate
Four members of the Senate, being members of the Academic Staff, elected by the Senate of whom not more than two shall be Elected Members of the Senate; but no member of the Senate shall be eligible for such election to the Council during his final year of office as a member of the Senate.
(v) Members Elected by the General Assembly
One member of the Academic Staff elected by the General Assembly.
(vi) Other Elected Members
One member of the staff other than the Academic Staff, other than those employed on an hourly or fee basis or those self employed, elected from within their own number.
(vii) Co-opted Members
Such other persons of whom not more than two shall be members of the Academic or other staff of the University, and not exceeding nine in all, as may be co-opted by the Council.
B: REPLACEMENT OF SCHOOLS BY FACULTIES
Since August 1996 the University has operated with ‘Faculties’ and ‘Faculty Boards’ in lieu of ‘Schools of Studies’ and ‘Boards of Studies’ as provided for under Statute XVI. The University’s Ordinances have reflected this change for a number of years but Charter and Statutes have not. It is now proposed to amend the Charter and Statutes to conform with current practice.
It is therefore proposed that
C: TITLE OF DEPUTY VICE-CHANCELLOR;
APPOINTMENT OF PRO VICE-CHANCELLORS BY JOINT COMMITTEE OF SENATE AND
COUNCIL;
PVC MEMBERSHIP OF SENATE.
In April 2000, Council agreed changes to the Charter as follows
The Charter: Paragraph 9: Existing version
(i) There shall be a Senior Pro-Vice-Chancellor of the University, and there may be other Pro-Vice-Chancellors not exceeding two in number.
(ii) The Pro-Vice-Chancellors shall have such functions and duties as may be prescribed in the Statutes.
The Charter: Paragraph 9: Version agreed by Council
There shall be a Deputy Vice-Chancellor and there may be other Pro-Vice-Chancellors not exceeding five in number, with functions and duties as may be prescribed by Council from time to time.
It is also proposed that in future the Pro Vice-Chancellors be appointed by a Joint Committee of Senate and Council, rather than by Council on the recommendation of Senate, and that the number of Pro Vice-Chancellors represented on Senate be limited to two. The following changes to Statutes are therefore proposed.:
Statute VI: The Pro Vice-Chancellors: Existing version
1. The Senior Pro-Vice-Chancellor shall be appointed by the Council after consideration of a report from a Joint Committee of the Council and Senate.
2. Pro-Vice-Chancellors, other than the Senior Pro-Vice-Chancellor, may be appointed by the Council on the recommendation of the Senate.
3. Subject to Statute XXI the Senior Pro-Vice-Chancellor shall hold office for such period and on such terms and conditions and subject to these Statutes shall have such functions as the Council may determine, in addition to exercising and performing all the academic functions of the Vice-Chancellor in the absence of the Vice-Chancellor.
4. Subject to Statute XXI Pro-Vice-Chancellors, other than the Senior Pro-Vice-Chancellor, shall hold office for such period and on such terms and conditions and shall have such functions as the Council may from time to time determine, after receiving the advice of the Vice-Chancellor.
Statute XIV: The Senate: Existing version
Ex-officio Members
Statute VI: The Pro Vice-Chancellors: Proposed version
1. The Deputy Vice-Chancellor shall be appointed by the Council after consideration of a report from a Joint Committee of Council and Senate chaired by the Senior Pro-Chancellor.
2. The Deputy Vice-Chancellor shall hold office for such period and on such terms and conditions and subject to these Statutes shall have such functions as the Council may determine, in addition to exercising and performing all the academic functions of the Vice-Chancellor in the absence of the Vice-Chancellor.
3. Pro-Vice-Chancellors may be appointed by the Council on the recommendation of a Joint Committee of Senate and Council chaired by the Vice-Chancellor. Pro-Vice-Chancellors shall hold office for such periods and on such terms and conditions and shall have such functions as the Council may from time to time determine, after receiving the advice of the Vice-Chancellor.
Statute XIV: The Senate: Proposed version
Ex-officio Members