MINUTES OF THE MEETING OF THE UNIVERSITY COURT HELD ON 23 MARCH 2009

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1 MINUTES OF THE MEETING OF THE UNIVERSITY COURT HELD ON 23 MARCH 2009 Present: Mr AG Simpson (Chairman), Mr H Adam, Professor ID Aitken, Professor R Ball, Mr GDC Burns, Professor R Edwards, Professor R Evans, Professor CM Hallett, Professor NH Keeble, Mr A Moffat, Mr G Pomphrey, Ms N Ring, Dr C Shankland, Mr GM Simmers and Ms M Sweeney In Attendance: Professor S Burt, Mr KJ Clarke, Mr DA Cloy, Mr JS Gordon, Professor G Jarvie, Mr M McCrindle, Dr J Naughtie (observer), Ms K Plouviez, Professor IA Simpson, Dr P Sinclair, Ms M Thornton and Mr M Toole Apologies: Mr MD Cullen, Mr PE Grice, Ms AS McAlindin, Mr RG Murray, Professor R O'Connor, Dr J Rogers, Mr T Spencer and Councillor F Wood The Chairman welcomed Mr Alistair Moffat to his first Court meeting and welcomed the Chancellor, Dr James Naughtie, who was attending Court as an observer. 1. DECLARATIONS OF INTEREST The Chairman invited members to notify Court of any items of business in which they had an interest. No declarations of interest were made. 2. MINUTES Court approved the minutes of the meeting of 22 December MATTERS ARISING NOT OTHERWISE ON THE AGENDA There were no matters arising. 4. PRINCIPAL'S COMMUNICATIONS The Principal reported on the following issues: (i) Recently received Scottish Funding Council (SFC) analysis of data on non continuation rates amongst Undergraduate students in Scottish HEIs showed that Stirling had the third best retention rate in Scotland. (ii) Early figures for undergraduate, postgraduate and overseas recruitment were encouraging and the University had recently admitted around 30 students from Saudi Arabia. (iii) The Principal had visited Dubai and Oman in January 2009 with the Director of External Relations and the Rt Hon Jack McConnell MSP. Meetings had been conducted with government agencies and bodies in Dubai to explore potential collaborations in research and Continuing

2 Professional Development, and a reunion for approximately fifty University of Stirling alumni from the UAE and across the region was held. The party also visited Muscat College in Oman where an alumni reception was held. Meetings were conducted with the Ministry of Manpower and Ministry of Higher Education in Oman with a view to developing business opportunities for Stirling Management School and The Stirling Institute of Education. 5. STRATEGIC & FINANCIAL PLANNING UC(08/09)22 The Deputy Principal (Strategy & Resources) introduced the report on the outcomes of the Senior Management Residential meeting, held on 4/5 February 2009 as part of the University s planning process. The meeting had focussed on the outcomes of the Research Assessment Exercise (RAE), implications of the new SFC funding arrangements (General and Horizon funds), a review of the University s mission and objectives and consideration of financial context. UC(08/09)22b The Deputy Principal (Strategy & Resources) introduced the update report on the University s budget position and forward budget strategy. It was noted that, subject to any amendments necessary following receipt of the SFC funding letter due on 31 March, the short term deficit in was anticipated to be around 4m, with the underlying deficit at 5.5-6m. It was further noted that the Budget Strategy Task Group was progressing the ten point framework for identifying actions that could be taken to meet the challenges presented by the current financial situation. Activity to date had focussed on refining budget assumptions, exploring different levels of budget reduction in service areas, reviewing the capital plan, reviewing performance indicators, reviewing trading area forward plans and investigating returns on investment in teaching, research and knowledge exchange activities. It was noted that the University s senior management were engaged in widespread discussion and consultation in the formulation of a restructuring and development plan to ensure the University was well placed to face current challenges and move forward. Proposals concerning the University s financial stability, opportunities for growth and investment, budget reductions and the suitability of the current academic structure would be brought to Court for consideration at its meeting in June. Court noted both reports and welcomed the actions being taken by the University to deal with the current financial situation. Discussion of the two reports followed during which the following points were noted: Court would receive and review summary key performance indicators for research at each of its meetings in future. Consideration should be given to ways in which staff could be encouraged to take ownership of their responsibility for the University s financial success. 6. GOVERNANCE MATTERS (i) Court and Committee Appointments The Chairman advised Court that an advertisement inviting expressions of interest in lay Court membership had appeared in the Scotland on Sunday and Sunday Herald newspapers on 8 March, and had also been circulated internally to all University staff and students. The Court Appointments Committee would meet in late April to consider all expressions of interest received against the published criteria for skills and experience of Court

3 members, whereupon a shortlist of suitable candidates would be compiled to be taken forward. Court noted the update. Court noted that, under delegated powers, the Chairman had approved: the re-appointment of Mr Paul Grice as a member of Court from 1 August July 2013; the appointment of Professor Ruth Evans to the Court Appointments Committee from 23 January July (ii) Charter & Statutes Review UC(08/09)23 Court considered the revisions that had been made to its proposed amendments to the Charter & Statutes by its Working Group following the receipt of informal comments on those proposals from advisers to the Privy Council. It was noted that the University had delayed the submission of its final proposals, as agreed at its June 2008 meeting, until March 2009 to allow more time for progress to be made in joint discussions on the employment statute involving the Scottish pre-92 Universities and the University & College Union (UCU). Given that these discussions had failed to reach agreement, the Working Group recommended that the University proceed on the basis originally agreed whereby a clause promoting Academic Freedom would be included in the Charter, whilst the existing provisions of the employment statute would be repealed from Statute and moved in their entirety into Ordinances. Court was circulated with two letters of objection from the UCU which had been received by the Chairman for Court shortly before the meeting. The Principal reported that she had also received a letter from the UCU requesting that she withdraw the proposal. Court noted that these letters lacked substance, contained factual inaccuracies and considered that to receive such communications in this manner and at this stage was unhelpful. Discussion followed, whereupon Court resolved to proceed on this matter as previously agreed. It was noted that the proposal regarding Statute 10 had been modified in light of policy guidance on the de-regulation of higher education governance in Scotland received from the Cabinet Secretary for Education and Lifelong Learning. Account had also been taken of provisions in this area allowed by the Privy Council in other Scottish Universities since devolution. The revised proposal would retain the provisions relating to the powers of the Academic Council and its chair in Statute, whilst moving provisions concerning membership to Ordinances. It was noted that the remaining amendments concerned minor drafting points recommended by advisers. It was also noted that the wording of the latitude clause contained in the proposed special resolution had been amended on advice of advisers and the University s solicitors to allow the University greater flexibility to make any minor drafting changes which it might identify prior to final submission. Thereafter, Court unanimously resolved, on the recommendation of the Working Group on Charter & Statutes, and with the support of the Academic Council, to: (a) make a Special Resolution to amend the Royal Charter as set out in the paper provided, subject to any further amendments which are not

4 material, or which are required by the Privy Council and are agreed by the University; (b) make a Special Resolution to amend the Statutes as set out in the paper provided, subject to any further amendments which are not material, or which are required by the Privy Council and are agreed by the University. 7. SCHOOL OF HISTORY AND POLITICS UC(08/09)24 Court approved a change to the Schedule of Ordinance 48 to establish a School of History and Politics and dis-establish the departments of History and Politics, with effect from 1 August ACADEMIC COUNCIL UC(098/09)25 Court noted the report from the meeting of Academic Council held on 11 March 2009 and approved: The Information Strategy. The revised Information Technology Use Policy. The amendment to Ordinance 58, the list of degrees of the University. 9. FINANCE & INFRASTRUCTURE COMMITTEE (FIC) UC(08/09)26 Court considered the report from the meeting of the Finance & Infrastructure Committee held on 13 February 2009, noting that the Management Accounts to 31 December 2008 showed the forecast out-turn for the year to be a 1.3m surplus which was a 3.7m improvement on the budget submitted to the SFC. This improvement had arisen due to the non-spend of expenditure budgets, over provision of other budgets, savings on staffing budgets, nonspend of strategic investment funds and over provision for accommodation voids. Court noted the remainder of the report. 10. STRATEGY & RESOURCES COMMITTEE (SRC) UC08/09)27 Court noted the report from the meeting of the Strategy & Resources Committee held on 24 February AUDIT COMMITTEE UC(08/09)28 Court considered the report from the meeting of Audit Committee held on 18 February 2009, noting that the report identifying lessons learned following the end of trading by Machrihanish Marine Farms had been received. Members wished to review the detailed findings of this report and it was agreed the report should be brought to Court at its next meeting. Court noted the remainder of the report. 12. HEADS OF DEPARTMENTS Court noted: (i) a further extension to the appointment of Professor Randolph Richards as Director of the Institute of Aquaculture from 1 January 2009 until 30 June 2009; (ii) the appointment of Professor Brian Austin as Director of the Institute of Aquaculture from 1 July 2009 until 30 June 2013; (iii) the extension of Professor Richard Edwards term as Head of The Stirling Institute of Education from 1 August 2009 until 31 January 2012; (iv) the appointment of Professor Peter Sullivan as Head of the Department of Philosophy from 1 September 2009 to 31 July 2013.

5 13. DISABILITY EQUALITY SCHEME ANNUAL REPORT UC(08/09)29 Court noted the annual report submitted to the Equality & Human Rights Commission. 14. FLEXIBLE WORKING POLICY UC(08/09)30 Court approved the revised Flexible Working Policy. 15. CHANGES TO CHEQUE SIGNATORIES UC(08/09)31 Court approved the changes to cheque signatories necessitated by staffing changes within the Finance Office. 16. COURT CONFERENCE Court noted that the Court Conference would be taking place on 23/24 April COURT MEETINGS Court noted that the next regular meeting of Court was confirmed as 22 June ANY OTHER UNRESERVED BUSINESS There was no other unreserved business. The Chairman advised that this was the last meeting of the Director of Finance, John Gordon, who would be retiring from the University on 31 March. The Chairman thanked him on behalf of Court for his contribution to the University and wished him well in the future.

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