- Laws of Fiji

CHARTER
At the Court at Buckingham Palace the 4th day of February, 1970
Present,
The Queen’s Most Excellent Majesty in Council

WHEREAS there was this day read at the Board the Draft of a Charter for constituting a Body Corporate under the name and style of “The University of the South Pacific”:

HER MAJESTY, having taken the said Draft into consideration, was pleased by and with the advice of Her Privy Council, to approve thereof, and to order, as it is hereby ordered, that the Right Honourable Michael Stewart, one of Her Majesty’s Principal Secretaries of State do cause a Warrant to be prepared for Her Majesty’s Royal Signature, for passing under the Great Seal a Charter in conformity with the said Draft, which is hereunto annexed.

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith:

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!

WHEREAS Our Principal Secretary of State for Foreign and Commonwealth Affairs has on behalf of the Interim Council of the University of the South Pacific and in accordance with the wishes of the Governments of the British Solomon Islands, Fiji and the Gilbert and Ellice Islands and after consulting Our High Commissioner for the Western Pacific as regards the interests of the people of the New Hebrides, represented unto Us that it is expedient that We should constitute and found a University of the South Pacific for the maintenance, advancement and dissemination of knowledge by teaching, consultancy and research and otherwise and for the provision at appropriate levels of education and training responsive to the well-being and needs of the communities of the South Pacific and should grant a Charter with such provisions in that behalf as shall seem to Us right and suitable:

And whereas the Governments of the Cook Islands, the Republic of Nauru, Niue, the Tokelau Islands, the Kingdom of Tonga and the Independent State of Western Samoa have also expressed the wish that such a University should be established:

Now therefore know ye that we by virtue of Our Prerogative Royal in respect of Fiji and of Our especial grace, certain knowledge and mere motion have willed and ordained and by these Presents do for Us, Our Heirs and Successors will and ordain as follows:—

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(1) The Senate shall be the academic authority of the University and shall subject to the powers, duties and functions referred to the Council by the Charter and these Statutes, take such measures and act in such a manner as shall appear to it best calculated to promote the teaching, consultancy, research and other academic work of the University. The Senate shall, subject to the Charter and these Statutes, in addition to all other powers vested in it, have the following powers, duties and functions:—

(i)To regulate and control all teaching programmes and courses of study and the conditions under which persons may qualify for the grant of the various Degrees, Diplomas, Certificates and other distinctions and awards of the University: provided that Regulations relating to any programme or course of study shall be referred to the Council for comment and that any comment or recommendation that the Council may make shall receive consideration by the Senate.
(ii)To recommend to the Council the institution of Degrees, Diplomas, Certificates and other distinctions and awards.
(iii)To regulate and control the admission of persons and categories of persons to the University for the purpose of pursuing any programmes or courses of study and to regulate and control their continuance in those programmes or courses of study.
(iv)Where examinations, tests or other methods of assessment are necessary under requirements prescribed by the Senate for the granting of Degrees, Diplomas, Certificates and other distinctions and awards, to regulate such examinations, tests and methods of assessment and to appoint examiners, assessors and moderators, whether internal or external.
(v)To accept examinations passed and periods of study spent at other Universities or other institutions or bodies as equivalent to such examinations and periods of study, in the University as the Senate may determine and to revoke such acceptance at any time.
(vi)To accept courses of study in any other institution or body, which in the opinion of the Senate possesses the means of affording the proper instruction for such course, as equivalent to such programmes or courses of study in the University as the Senate may determine.
(vii)To grant Degrees, Diplomas, Certificates and other distinctions and awards to persons who have pursued a course of study approved by the Senate and have qualified for such grant in terms of requirements prescribed by the Senate.
(viii)To grant distinctions including Honorary Degrees: provided that an Honorary Degree shall not be granted to any person except on the recommendation of a Joint Committee of the Senate and the Council to be established by the Senate.
(ix)To determine what formalities shall attach to the conferment of Degrees, Diplomas, Certificates and other distinctions and awards,
(x)To regulate the use of academic dress in the University.
(xi)To recommend to the Council the terms and conditions under which any institution or body may affiliate to the University, the terms and conditions of any association or co-operation between the University and any institution or body, or the terms of any agreement for the incorporation in the University of any institution or body.
(xii)To recommend to the Council the institution or acceptance of awards such as Fellowships, Scholarships, Bursaries, Studentships, Prizes and other aids to study and research.
(xiii)To be responsible for the general administration of the University library.
(xiv)To supervise the extramural activities of the University.
(xv)Annually to review, consequent upon any inquiries which it may think fit to make, the academic organisation and development of the University, with special reference to the effectiveness of the work of the University in relation to its objects including that of providing at appropriate levels education and training responsive to the well-being and needs of the communities of the South Pacific; and, arising from such review, to take any action within its competence, including reporting and making recommendations to the Council.
(xvi)Whether or not consequent upon the annual review of the academic organisation and development of the University, to recommend to the Council, the establishment or discontinuance of any School, institution or body of the University, and the creation, suspension or abolition of any academic post.
(xvii)To review from time to time the duties of all members of the academic staff.
(xviii)To make recommendations to the Council on any matter pertinent to the University and its affairs.
(xix)To recommend to the Council appropriate provision for the personal development and well-being of the students.
(xx)To take such steps as it thinks appropriate to advise and assist the Students’ Association and other organisations of the students.
(xxi)To regulate the discipline of the University in accordance with Ordinances to be made by the Council on the recommendation of the Senate.
(xxii)Subject to an appeal to the Council, to expel any student guilty of grave misconduct after giving him an opportunity to appear personally and to be heard by a committee of the Senate to be established under the Ordinances made under paragraph (1)(xxi) of this Statute.
(xxiii)To propose to the Council new Statutes or Ordinances which it shall be the duty of the Council to consider.
(xxiv)To express an opinion on any matter pertinent to the University and its affairs.
(xxv)To appoint members of the Senate to be members of the Council under paragraph (1)(b)(xvi) of Statute 11.
(xxvi)Generally to exercise all such powers, duties and functions as are or may be conferred on the Senate by the Charter and these Statutes, including the power to make Regulations in the exercise of the powers, duties and functions hereinbefore expressly set out in this Statute and of all other powers, duties and functions of the Senate.

(2) A quorum for all meetings of the Senate shall be five members or such greater number of members as the Senate may from time to time determine.

(3) The Senate may from time to time establish standing or special committees which may include persons who are not members of the Senate.

(4) The Senate may delegate any of its powers, duties and functions, including any powers, duties and functions which it has by delegation from the Council or any other body or person, to any committee established under paragraph (3) of this Statute or to any person; and the committee or person may, without confirmation by the Senate, exercise those powers or perform those duties or functions in like manner and with the same effect as the Senate could itself have exercised or performed them: provided that the Council may prohibit, or impose conditions in respect of the delegation by the Senate of any power, duty or function that is delegated to the Senate by the Council.

(5) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or the performance of any duty or function by the Senate.

(6) Unless and until any such delegation is revoked, it shall continue in force according to its tenor.

(7) Unless otherwise specifically provided in these Statutes, the Vice-Chancellor shall be ex-officio a member of all committees of the Senate. In the absence of the Vice-Chancellor, the Deputy Vice-Chancellor may deputise for him on such committees.