CNL/18/56

Council

MINUTES AND ACTIONS

19 April 2018 10:00-17:00hrs Tremough House Boardroom,

CONTENTS:

Council Meeting No. Item 1 Chair’s Introduction 2 Minutes of the Meeting of 22 February 2018 (CNL/18/24) and Matters Arising - Senate motion and the industrial action in relation to the Pensions’ dispute - CSM Update (CNL/18/25) - Bracton Law Society - Presentation: In-year NSS Score Interventions (CNL/18/26) - Maximising the use and effectiveness of the University’s Innovation Centre (CNL/18/55) 3 Dual Assurance 4 Effectiveness Review Update (CNL/18/27) 5 Vice-Chancellor's Report (CNL/18/28) 6 Second Financial Forecast (CNL/18/29) 7 Investment Policy (CNL/18/30) 8 Spring Term Reports 2017/18 - Students' Guild (CNL/18/31) - FXU (CNL/18/32) 9 Funding Approvals - Financial Impact of Capital Approvals (CNL/18/33) - Project Exceptional Building Strategic Outline Case (CNL/18/34) - Full Business Case for Multi Storey Carpark (CNL/18/35) - Low Carbon Commitment and Implementation Plan (CNL/18/36) - Cross Keys Refurbishment Outline Business Case (CNL/18/37) - Harrison Asbestos Removal and Associated LTM Works (CNL/18/38) - PET-CT Scanner (CNL/18/39) 10 Due Diligence/Sanctions Policies - Due Diligence Policy (CNL/18/40) - Sanctions Policy (CNL/18/41) 11 Freedom of Speech Policy (CNL/18/42) 12 HESA Return (CNL/18/43) 13 Matters brought forward from Part II (CNL/18/44) 14 Chair's Closing Remarks

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Attendees

Present Sarah Turvill Pro-Chancellor and Chair Professor Sir Steve Smith Vice-Chancellor and Chief Executive Nicholas Bull Independent Member Dr Sarah Buck Pro-Chancellor Gerry Brown Independent Member Professor Janice Kay Provost Shraddha Chaudhary President, Students’ Guild Graham Cole Independent Member Dr Barrie Cooper Senate Representative Professor Mark Goodwin Deputy Vice-Chancellor, External Engagement Professor Dave Hosken Senate Representative Dean Pomeroy Exeter President, FXU Alison Reed Independent Member Professor Wendy Robinson Senate Representative Sally Turner Professional Services Representative

Secretary Mike Shore-Nye Registrar and Secretary

With Dr Victoria Alcock Head of the Vice-Chancellor’s Office (minutes) Richard Atkins Pro-Chancellor (conference call for Item 2) Rhiannon Brobyn Committee Secretariat Administrator (observer and minutes) Jane Chafer Director, Communications and Corporate Affairs Professor Dan Charman Pro Vice-Chancellor and Executive Dean (CLES) Andrew Connolly Chief Financial Officer Tracy Costello Chief Executive, Students’ Guild Susan Fallon Planning, Policy and Business Intelligence (observer; maternity cover for Jacqueline Hodges) Professor Kip Jeffrey Head of (for Item 2) Jean Lloyd Executive Suite Officer Manager and Council Coordinator (minutes) Jacqui Marshall Deputy Registrar, Director of People Services and Global Partnerships Craig Nowell Director of Campus Infrastructure and Operational Support Services Linda Peka Chief College Operations Officer

Apologies Richard Atkins, Jo Binding, Kiron Farooki, Judy Hargadon, Clare Marx, Sir John O’Reilly, Professor Tim Quine, Richard Sargeant

1. CHAIR’S INTRODUCTION

The Chair welcomed Professor Dan Charman as the guest Pro-Vice-Chancellor; Craig Nowell, Director of Campus Infrastructure and Operational Support Services who has recently joined VCEG and will be attending meetings of Council; Rhiannon Brobyn (Committee Secretariat) as an observer and Susan Fallon who will undertaking the post of Deputy Secretary to Council whilst Jacqueline Hodges is on maternity leave.

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Apologies were noted and no conflicts of interest were declared.

2. MINUTES OF THE MEETING OF 22 FEBRUARY 2018 (CNL/18/24) AND MATTERS ARISING In attendance: Professor Richard Atkins by conference call

The minutes of the meeting of 22 February 2018 were approved subject to minor corrections.

Senate motion and the industrial action in relation to the pensions’ dispute

Summary: Mike Shore-Nye provided a verbal update to Council on the Senate motion which was passed at the Senate meeting on 14 March 2018, members voted in favour of putting forward a motion to Council regarding the pensions dispute (following two sets of amendments, 21 Members voted in favour of the motion and 13 against). A paper copy of the motion was tabled:

"In view of the clear threat to academic standards and the quality of the student experience posed by the ongoing pensions dispute, Senate advises Council as a matter of urgency to instruct the Vice-Chancellor to join other university Vice-Chancellors in calling for UUK to work with UCU and, in due course, the USS trustees to develop an alternative proposal to put to the Pensions Regulator, which would challenge the problematic model being used to identify future pensions assets and liabilities as inappropriate to a sector- wide pensions scheme such as USS."

Council Members debated the points made.

The Chair of Council summed up the discussion as follows:

ACTION: a note to be issued to Senators from Council summarising the discussion and outcomes.

The following was agreed:

• Council agreed unequivocally that staff should have access to good and fair pension arrangements. • Council is always prepared to support affordable increases in pension contributions that do not damage the longer term sustainability of the institution, its ability to maintain the employment of its staff or the quality of the student experience. • Council was sorry to note the negative impacts that industrial action had had on staff and students. • Council accepted and noted the genuine strength of views that had led to the passing of the Senate motion but felt there was evidence that the scheme was in deficit, despite the differences in opinion over the level of that deficit, and that change was therefore needed to ensure it was sustainable in the longer term. Council discussed and noted that challenges affecting pension provision is affecting many sections of society and not just the higher education sector driven by the impact of inflation, investment returns and improvements in longevity on scheme finances. • Council accepted and regretted that there had been a perceived breakdown in trust and goodwill between some staff and the leadership of the University as a result of the dispute. • Council noted that there was genuine need for all members of the University to be better informed about the challenges facing pension schemes and on the role of the Pensions regulator in protecting the interests of pensioners and scheme members

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Following a full and frank discussion by Council members, Council did not support the motion on the following grounds:

• That it would not be appropriate for Council to ‘ instruct’ the Vice-Chancellor when he has been working tirelessly for the benefit of the University and who has been exactly aligned with Council’s wishes • That there was clearly a genuine need to address the scheme deficit for the good of the sector and its staff • That Council valued the work that the Vice-Chancellor has done behind the scenes to bring UUK and UCU together in constructive discussions that would resolve the dispute. • Council agreed that the Vice-Chancellor has taken a leading role in the sector in finding a way forward in the dispute that would be mutually acceptable to UUK and UCU, and fully endorsed the way that the Vice-Chancellor has managed the dispute on behalf of the .

Council welcomes the outcome of the UCU ballot and the suspension of industrial action and the establishment of the Joint Expert Panel, and hopes that the process is conducted in a productive and timely way that is sensitive to views on all sides of the debate.

Council looks forward to discussing the issues with Senate further at the Joint Meeting on 23 May 2018.

CSM Update (CNL/18/25) In attendance: Professor Kip Jeffrey, Head of Camborne School of Mines.

Summary: At the October Council meeting, Council members received details of the action plans introduced after the October 2017 CSM Student incident in order to challenge certain behaviours and effect cultural change within the Camborne School of Mines student body.

Mike Shore-Nye reported that he and Professor Jeffrey had met with CSM students, together with Professor Dave Hosken, and had asked for an action plan to be developed to ensure such an incident would not happen again. The paper presented to Council outlined the significant progress that has been made.

DECISION: Council APPROVED the paper as an update on the implementation of the Action Plan within CSM.

Bracton Law Society

Summary: Professor Janice Kay provided a verbal update on recent events involving members of the Bracton Law Society and tabled a confidential briefing paper outlining the ongoing programme of work to ensure an inclusive and diverse culture at Exeter.

Presentation: In-year NSS Score Interventions (CNL/18/26)

Summary: Professor Wendy Robinson gave a presentation on in-year NSS Score Interventions. Professor Robinson outlined the NSS 2017 data and briefed Council on the institutional interventions being undertaken this academic year, acting on feedback from the 2017 survey.

Council NOTED the presentation for information. 4

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Maximising the use and effectiveness of the University’s Innovation Centre (CNL/18/55)

Summary: In June 2017, Council received a paper on the current space requirements on campus, the strategic issues, the practical implications and financial issues relating to the possible use by the University of the Streatham Innovation Centre for mainstream University activity.

DECISION: Council fully supported the deal and APPROVED the proposal.

3. DUAL ASSURANCE

Summary: During the workshop session for the Effectiveness Review, Council members expressed an interest in being able to informally share anything they felt relevant that had come out of discussions at Dual Assurance meetings.

On this occasion, no items were raised for discussion.

4. EFFECTIVENESS REVIEW UPDATE (CNL/18/27)

Summary: Following on from the Council Effectiveness Workshop in February, Mike Shore-Nye highlighted key areas from the report that would be addressed: paper length, encouraging more debate at meetings and the prominence and support we give to Independent Members in their Dual Assurance roles.

Council noted that follow-up work is ongoing and that there will be a report on progress at the October Council meeting. Mike Shore-Nye and Sarah Turvill thanked members for their contributions to the review and asked Members to get in touch if they had any further comments.

Council NOTED the feedback and actions.

5. VICE-CHANCELLOR’S REPORT AND PERFORMANCE SUMMARY, APRIL 2018 (CNL/18/28)

Summary: The Vice-Chancellor provided an update on issues impacting on the Higher Education sector and the University.

New Parental Leave Policy The University has announced a new parental leave policy, which has received some excellent press coverage including in the THE (a copy of which was shared at the Council Meeting).

Philanthropic Donation The Vice-Chancellor reminded Council that he had reported confidentially to Council in February that the University had secured a signed gift agreement for the largest single philanthropic gift in our history – a £10 million donation to support our Medical School. He added that the gift was announced yesterday, and has been received from Mireille and Dennis Gillings to support dementia research.

Letters from Academic Departments to the Vice-Chancellor and Chair of Council The Vice-Chancellor reported that the six letters from academic departments have been received in the last month, from English and Film, Geography, Modern Languages, Staff based at St Luke’s and Wonford (Medicine, Sport and Health Sciences and Graduate School of Education), History and Politics. The Vice-Chancellor reported that he and the Chair of Council were in the process of arranging meetings with all these groups of staff. 5

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6. SECOND FINANCIAL FORECAST (CNL/18/29)

Summary: The Chief Financial Officer, Andrew Connolly, set out the current position in the second financial forecast of the academic year.

Council NOTED the second forecast for 2017/18.

7. UPDATING THE INVESTMENT POLICY: SOCIAL RESPONSIBILITY AND FUND MANAGER SELECTION (CNL/18/30)

Summary: Chief Financial Officer, Andrew Connolly, introduced a paper which sought Council’s endorsement of a new approach to the management of University endowment investments including the adoption of an integrated approach to environmental, social and governance (ESG).

DECISION: Council agreed the recommended actions.

8. Spring 2017/18 Reports (CNL/18/31 and CNL/18/32) Summary: The President of the Students’ Guild and the President of FXU (Exeter) took Council through their respective reports and invited members to ask questions.

Students’ Guild Report The Chair noted that Council appreciated the challenges in fulfilling a strategic agenda in one year and congratulated the President on the progress she had made.

FXU Report

The Chair thanked Dean Pomeroy for his work, especially, the ‘Voices’ project which was very impressive and would have a lasting legacy.

9. Funding Proposals

Summary: Council considered an update on the Capital Fund and a number of funding approvals for proposed capital projects.

Financial Impact of Capital Approvals (CNL/18/33)

Summary: Andrew Connolly briefed Council on the impact on the Capital fund balance of the requested financial commitments being proposed.

Project Exceptional Building Strategic Outline Case (CNL/18/34)

Summary: Hugh McCann, Director of Estate Services and Gill Preston, Programme Manager, Strategic Delivery Unit, provided an overview of the Strategic Outline Case for the Project Exceptional building. Council’s feedback was sought regarding the investment case prior to an SOC being submitted to Council for approval on 24 May 2018.

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The Chair concluded by stating that time for further discussion should be added to the agenda of the next meeting.

Full Business Case for Multi Storey Carpark (CNL/18/35)

Summary: Council approval was sought for the preferred design for an extension to Car Park B.

Council was briefed on the project and that the car park would be supported by changes to car parking policy and charges. However it would not increase the car parking capacity but would fuel a drive for more environmentally friendly ways of travel.

DECISION: The Council APPROVED the full Business Case.

Low Carbon Commitment Implementation Plan (CNL/18/36)

Summary: Council considered a proposal to implement eleven energy saving projects identified in the Low Carbon Commitment Implementation Plan (LCCIP).

DECISION: After a brief discussion regarding the development of the project Council APPROVED the proposal.

Cross Keys Refurbishment Outline Business Case (CNL/18/37)

Summary: Council considered a proposal to deliver the comprehensive refurbishment programme required to the Cross Keys Café and Social space on St Luke's. This would include a reconfiguration and upgrading of the existing ground floor level, and the provision of a first-floor extension to include a platform lift.

DECISION: Council APPROVED the investment.

Harrison Asbestos Removal and Associated LTM Works (CNL/18/38)

Summary: Council considered the outline business case for the full asbestos removal and replacement of the roof structure and other Long Term Maintenance (LTM) items to be installed at high level in the North Block of the Harrison Building.

DECISION: Council APPROVED.

PET-CT Scanner (CNL/18/39)

Summary: Council considered a summary of the business case for investment in a PET CT scanner facility, to be housed alongside the 3T MRI scanner facility, on the Wonford RD&E site.

DECISION: Council APPROVED.

10. Due Diligence/Sanctions Policies

Due Diligence Policy (CNL/18/40)

Item deferred to May Council Meeting (Part II) for approval.

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Sanctions Policy (CNL/18/41)

Item deferred to May Council Meeting (Part II) for approval.

11. Freedom of Speech Policy (CNL/18/42)

Summary: Council considered a revision of the existing Freedom of Speech policy, expanded to include a clear, robust institutional statement on freedom of speech and academic freedom from the Vice-Chancellor, to align the policy with our speakers and events policies and the policies of the student unions, and to ensure our approach was compliant with the expectations of the freedom of speech Public Interest Principle applied to all registered providers of HE by the Office of Students.

DECISION: Council APPROVED the policy.

I/12 Recording of Governors for Registration with the Office for Students and for the 2017/18 HESA Staff Return (CNL/18/43)

Summary: Council considered a paper explaining the arrangements for collecting information about members of Council for report to the Office for Students (OfS) and to the Higher Education Statistics Agency (HESA), what data was required and how it would be collected and stored and reported to the OfS and HESA.

Council NOTED the arrangements for recording Council members’ personal information and reporting this information to the OfS and HESA.

Members received a copy of a consent form during the course of the day which they would need to complete and leave with the Council Coordinator. Those not in attendance received the form electronically to sign and return ahead of the deadline.

13. Matters Brought Forward from Part II (CNL/18/13)

Council considered the following papers:

University Terms and Academic Calendar 2018-19 (CNL/18/47)

Council APPROVED the University Terms and Academic Calendar 2018-19, subject to noting that the dates for the September and November meetings of Audit Committee were currently under review and an additional meeting of Remuneration Committee was to be scheduled.

Affixing the Seal (CNL/18/51) Council APPROVED the affixing of the seal to JCT Contract for the Family Centre and the Reversionary Lease of Exeter One on Cowley Bridge Road.

Amendments to Statutes and Ordinances (CNL/18/52) Council APPROVED several amendments to the Ordinances and Statutes. These were recommended for approval by Senate at the 14th March meeting and were part of an ongoing review of Ordinances and Statutes to ensure they are still fit for purposes.

The changes included a delegation of power to the Vice-Chancellor to confer degrees on behalf of Senate, removal of the power for retired members of staff to become members of Senate, a clarification of the approval process for MOUs, extension of the appointment terms for auditors and clarification of ex-officio membership of committees.

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Council Nominations Committee (February 2018) (CNL/18/54) Council APPROVED the appointment of Gerry Brown as the new Chair of Audit Committee, with effect from 1 August 2018.

14. Closing Remarks

The Chair of Council reminded everyone that there was a Joint Meeting of Council and Senate scheduled for Wednesday 23 May and a meeting of Council on Thursday 24 May, both at the .

On 24 May, Could would be visiting College of Life and Environmental Sciences, followed by a presentation on the Project Exceptional Design Brief.

Council members were asked to let Jean Lloyd know if there were any items that they wished to discuss at any future meeting.

The following papers were noted: • Annual Report on Endowment Investments (CNL/18/45) • Academic Promotions (CNL/18/46) • Capital Investment Group: February 2018 (CNL/18/48) • Senate: 14 March 2018 (CNL/18/49) • Graduation Summer 2018 (Dates of Ceremonies/Honorary Graduands) (CNL/18/50) • HEFCE: Prevent Duty Annual Reporting: Monitoring Outcome (CNL/18/53)

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COUNCIL REGISTER OF INTERESTS 2017/18

Members

Sarah Turvill Willis Limited (Director); Willis Towers Watson Group (Pensioner); Yarmouth (Isle of Wight) Harbour (Commissioner)

Sarah Buck BSW Consulting (part-time consultant); JBM Board (Board Member)

Richard Atkins Department of Education (part-time employee)

Professor Sir Steve Smith UCAS (Chair of Board), UUK (Board Trustee), Russell Group (Board Trustee), Heart of the South West LEP (Director)

Professor Janice Kay Royal Devon & Exeter NHS Foundation Trust (Non-Executive Director); Higher Education Academy (Board Director); HEFCE TEF Board (Panel Member); HEFCE TEF Project Board Steering Group (Chair); Higher Education Funding Council for England – QARSAC (Board Member); Higher Education Funding Council for England – Learning Gain Steering Group (Board Member)

Professor Nick Talbot The Sainsbury Laboratory, Norwich (Chair of Council); The Gatsby Charitable Foundation (Plant Science Advisor to Lord Sainsbury); BBSRC (Grant Panel Chair); University of Dundee (Science Advisory Board); GW4 (Chair of the Board)

Jo Binding Discovery Networks International (Salaried Role)

Gerry Brown NovaQuest Capital (Investments Chairman)

Nicholas Bull Coats Group PLC (Senior Independent Director); Fidelity China Special Situations PLC (Chairman); Design Museum (Trustee); Conran Federation (Trustee); The Tallow Chandlers Company (Member of Court); Greig City Academy (Honorary Governor); CSM Trust (Trustee)

Shraddha Chaudhary None

Graham Cole Bath University Business School Advisory Committee (member)

Dr Barrie Cooper University College London (External reviewer for HEA-accredited ARENA scheme); UCU (Branch President for University of Exeter UCU)

Kiron Farooki Part time and temporary paid role at British Business Bank which is a government owned economic development bank

Judy Hargadon Restorative Solutions – CIC (non-Executive Director); Dartington Hall Trust (Chair - G Parston (Husband))

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Professor Dave Hosken Camborne School of Mines Trust (Trustee); FXPlus (Board)

Clare Marx Ipswich Hospital NHS Trust (Associate Medical Director); Royal College of Surgeons of England (Immediate Past President, Chair of Project Transform); Faculty of Medical Leadership and Management (Chair of Council)

Sir John O’Reilly A*Star Singapore (Board Member, Chair Science & Engineering Research Council); ERA Foundation Ltd (Chairman); UCL (Visiting Professor); NICC (Standards) Ltd (Chairman); Royal Aeronautical Society (Board Member, Chair of Audit Committee); Royal Commission for Exhibition of 1851 (Commissioner)

Dean Pomeroy None

Alison Reed British Airways PLC (Non-Executive Director and Deputy Chairman of British Airways plc), NewDay Ltd (Senior Independent Non- Executive Director, Chairman of the Audit Committee and Risk Committee)

Professor Wendy Robinson None

Richard Sargeant ASI Data Science (salaried employee)

Sally Turner None

In attendance

Jane Chafer None

Andrew Connolly UoE Consulting Ltd (Director); Peninsular Innovations Ltd (Director); FX Plus (Director); INTO Exeter JV Board (Director)

Tracy Costello University of Exeter (spouse employer)

Professor Mark Goodwin Cornwall and Isle of Scilly LEP (Board Member); (Trustee); Exeter College (Governor); St Luke’s Foundation (Trustee)

Professor Tim Quine None

Jacqui Marshall Torbay and South Devon Foundation Trust (Non-Executive Director); Young Bristol Charity (Trustee)

Craig Nowell Bron Afon Community College (Non Exec Director); Square Peg Coffee House(Swansea) (Non Exec Director); AUDE (Chair Elect)

Mike Shore-Nye Ted Wragg Multi Academy Trust (University representative); Association of Heads of University Administration (Executive Board Member), Camborne School of Mines (Board Member), FXPlus Chair

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Other Committees

Bettina Rigg Veale Wasbrough Vizards (Employee – Salaried Partner); University of Greenwich (Co-opted member of Nominations, Staffing & Remuneration Committee)

David Dupont Diabetes UK (Member of Clinical Studies Group); Operation Imprezza (Charity Trustee Director)

Nick Swift Camfed (Trustee); East and North Herts NHS Trust (Non Exec Director)

Simon Enoch None

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