Proctor

This article is about the legal, clerical and academic title. For other uses, seeProctor (disambiguation).

Proctor(a variant ofprocurator) is a person who takes charge of, or acts for, another.

The title is used inEnglandand some other English-speaking countries in three principal contexts:

1. In law, a proctor is a historical class of lawyers, and the King's (or Queen's) Proctor is a senior government lawyer.
2. In religion, a proctor represents the clergy inChurch of Englanddioceses.
3. In education, proctor is the name of university officials in certain universities.

In theUnited Statesand some other countries, the word "proctor" is frequently used to describe someone who supervises anexamination(i.e. a supervisor orinvigilator).

Law

England

A proctor was a legal practitioner in theecclesiasticalandadmiralty courtsinEngland.These courts were distinguished from the common law courts and courts of equity because they applied "civil law" derived fromRoman law,instead of English common law and equity. Historically, proctors were licensed by theArchbishop of Canterburyto undertake the duties that were performed incommon lawcourts byattorneysand in the courts ofequityby solicitors.Proctors were attached to theDoctors' Commons,which performed a similar function for civil law or "civilian" advocates (the doctors) to that of theInns of Courtforbarristers.Reforms in the mid-19th century removed the monopoly of the civilian doctors and proctors in the family and admiralty courts, leaving only the ecclesiasticalCourt of Arches.Later, theJudicature Actsof 1873 and 1875, which created theSupreme Court of Judicature,combined the three roles (proctor, attorney, and solicitor) into the common profession of "solicitor of the Supreme Court".

King/Queen's Proctor

The King/Queen's Proctor is the historical name for an official who acted for the Crown in certain courts in England. The modern name of the office isHM Procurator-General,and this office has for many years been combined with that of theTreasury Solicitor,whose formal title is His/Her Majesty's Procurator-General and Treasury Solicitor.

In the admiralty courts, the King/Queen's Proctor historically acted in all causes concerning the King or Queen. A proctor or procurator was an officer who, in conjunction with the King/Queen's Proctor, acted as the attorney or solicitor in all causes concerning theLord High Admiral's affairs in theHigh Court of Admiraltyand other courts.

Inprobateand divorce courts, this official acted as the proctor or solicitor representing theCrown.In petitions of divorce, or for declaration of nullity of marriage, the King/Queen's Proctor may, under direction of theAttorney General,intervene in the suit for the purpose of arguing any question that the court deems expedient to have argued. The powers are set out in section 8 of theMatrimonial Causes Act 1973,and include the power to show cause against adecree nisibeing made absolute,usually on receipt of information indicating that the court has been misled into granting a decree.

Sri Lanka

InSri Lanka,the two groups of legal practitioners,advocates(similar tobarristers) and Proctors (similar tosolicitors) existed since 1833 until the Justice Law No. 44 of 1973, created a single group of practitioners, known asattorneys-at-law.There were two types of proctors; proctors of the Supreme Court and proctors of adistrict court.The former could practice in any court, while the latter was allowed to practice in the lower courts in a specific district. TheAttorney Generalwas authorised a proctor from each district to serve as theCrown Proctortoinstructor brief crown counsel on civil and criminal cases in district courts, courts of requests and police courts on behalf of the Crown.

Australia

Proctor is a term that survives inWestern Australiaand inSouth Australia.Until it was amended in 1992 and later superseded by the Legal Profession Act in 2008, the Legal Practitioners Act 1893 (WA) provided for legal practitioners in Western Australia to be admitted and entitled to practice as "practitioners". That term was then defined as "a person admitted and entitled to practice as a barrister, solicitor, attorney, and proctor of the Supreme Court of Western Australia, or in any one or more of these capacities". Whilst it was theoretically possible to apply for admission in any of these capacities, as there was no separate qualification for such separate admissions, the standard practice (pre-1992) was for all persons to be admitted as barristers, solicitors, and proctors of the Supreme Court of Western Australia. Many survive today. South Australian legislation still provides as of December 2019 that a person admitted as a Solicitor to the Supreme Court of South Australia is also both a Proctor and an Attorney of that court.

United States

TheAmerican coloniescontinued the British use of the term proctor in admiralty for attorneys who were admitted to specializedadmiraltyandpatentbars.With the unification of the federal Admiralty Rules with theFederal Rules of Civil Procedurein 1966, attorneys practicing admiralty law before the federal courts ceased to be formally called proctors, though the term remains in unofficial use.

Ecclesiastical

In the context of theChurch of England,a proctor represents clergy inconvocation.The Lower Houses of theConvocations of Canterbury and Yorkincludespecially electedproctors (the deans of cathedrals and the Dean of either Jersey or Guernsey) anddirectly electedproctors (representing beneficed and licensed clergy, clergy with permission to officiate, archdeacons, clergy holding office in a cathedral, religious communities, universities and institutions of theological education).

Education

High university official

In some universities, a proctor is a high official.

Cambridge University

Proctor of theUniversity of Cambridge,aquatint byJohn Samuel AgarafterThomas Uwins,fromHistory of the University of Cambridge(1815) byWilliam Combe

The early history of the office at Cambridge is obscure, but it seems that the Proctors have always represented the colleges in University proceedings.In the past the Proctors administered the university's finances, acted as examiners for all candidates for the degree ofBachelor of Arts,prosecuted anyone suspected of unfair trading, and had a multitude of other tasks. At present their functions are twofold: (1) taking part in all university ceremonials, and (2) enforcing discipline in the case of members of the university who arein statu pupillari(undergraduates, Bachelors of Arts andBachelors of Laws).

Election

AtCambridge Universitythe Proctors are nominated every May by colleges identified in a predetermined cycle. They then serve for one year from 1 October, assisted by their Deputy Proctors and two Pro-Proctors. They must have been a member of the Senate for three years, and must have resided two years at the university. The two Pro-Proctors are not, as at Oxford, nominated by the Proctors, but are also elected by the Regent House on the nomination of the colleges, each college having the right to nominate a Pro-Proctor for the year next before that in which it nominates the Proctor (Grace of 26 February 1863). Two additional Pro-Proctors are also elected by the Senate each year, on the nomination of the Vice-Chancellor and Proctors, to assist the latter in the maintenance of discipline (Grace of 6 June 1878).

The Proctors for 2020–2021 are Dr Karen Ottewell (Senior Proctor) ofEmmanuel Collegeand Dr Annamaria Motrescu-Mayes (Junior Proctor) ofClare Hall.

The Deputies to the Proctors are Dr Gemma Burgess (Deputy to the Senior Proctor) of St Edmund's College and Mr Francis Knights (Deputy to the Junior Proctor) of Fitzwilliam College.

The Pro-Proctors are Dr John Fawcett (Senior Pro-Proctor) of Churchill College and Rev'd Dr Mark Smith (Junior Pro-Proctor) of Clare College.

Mr Timothy Milner of Darwin College is additional Pro-Proctor for Ceremonial.

Mr Gordon Chesterman of St Edmund's College is additional Pro-Proctor (2020–21).

The first hundred years of Proctorial records are mostly lost, but the Proctors' Office web site has a more or less complete list of the Proctors since 1314.

Ceremonial functions

The Proctors areex officiomembers of the Board of Scrutiny, the Board of Examinations, and various other bodies. Their presence is essential at all Congregations of the Regent House, at which the Senior Proctor reads all the Graces and the Junior Proctor takes the vote of the Regent House. If any Grace is opposed by any member of the Senate sayingnon-placet,the Proctors take the votes of those present and announce the result. Graces are offered not only for making changes in University Statutes and Ordinances and for appointing examiners and the like, but also for granting degrees. When a degree is to be taken, the college of the candidate presents asupplicator petition for the degree; this petition is approved by the Regent House, if and when they have satisfied themselves that the candidate has fulfilled the conditions, and is read at the Congregation by the Senior Proctor: thesesupplicatsare practically never opposed, but Graces for new Statutes and Ordinances are frequently opposed, and on very important occasions such as the election of a new Chancellor many hundreds of non-resident members of the Senate come up to record their votes.

Disciplinary functions

The proctors' powers as to discipline have a very long history. As far as concerns members of the university they have authority to impose certain fines for minor offences, such as not wearing academic dress on occasions when it is ordered, and also to order a student not to be out of their college after a certain hour for a certain number of days ( "gating" ). For more serious offences, the proctor generally reports the matter to the authorities of the offender's college to be dealt with by them, or as a last resort brings the offender before the university court of discipline, which has power torusticateor send down (expel).

The power of the proctors over persons who are not members of the university dates from charters granted byElizabeth IandJames I,which empowered the university authorities to search for undesirable characters, men and women, rogues, vagabonds, and otherpersonas de male suspectas(persons suspected of evil), and punish them by imprisonment or banishment. In recent times this power was often exercised with respect to prostitutes. The proctors promenaded the streets attended by their servants who are always sworn in as special constables. These constables, colloquially known as "Bulldogs", are now members ofCambridge University Constabulary:they retain full police powers of arrest within 5 miles (8 km) ofGreat St Mary's Church,deemed to be the centre of the university (proctors no longer have the power of arrest).

If occasion arose, the proctors and their constables could arrest a suspected woman and have her taken to theSpinning House(for whichThomas Hobsonthe carrier had left an endowment). The next day, the woman would be brought before thevice-chancellor,who had power to commit her to the Spinning House; as a general rule the sentence was for no longer than three weeks. For this purpose the Vice-Chancellor satin cameraand the jurisdiction had nothing to do with that of the vice-chancellor's court.In 1898, attention was called to this procedure by the case of a girl named Daisy Hopkins, who was arrested and committed to the Spinning House. Application was made on her behalf to theQueen's Bench Divisionfor a writ ofhabeas corpus,and when the application came on it appeared that there had been a technical irregularity (the prisoner not having been formally charged when brought before the Vice-Chancellor); so the writ was granted and the prisoner released. She afterwards brought an action against the proctor, which failed. It was then decided to abolish the practice of hearing these casesin camera.The whole practice was, however, objected to by the authorities of the town, and after a conference an agreement was reached: the proctorial jurisdiction over persons not members of the university was abolished (1904).

Today, the Junior Proctor retains special responsibility for university societies and for resolving disputes arising from theCambridge Students' Union.The Special Pro-Proctor for Motor Vehicles is responsible for licensing the keeping and using of motor vehicles (other than mopeds) within 10 miles (16 km) of Great St Mary's Church by University students who have not yet reached MA status and are in residence in term or in the Long Vacation period of residence. The Motor Proctor also has the power to impose a fine of up to £175 on students breaching the regulations on the keeping and using of motor vehicles.

Oxford University

See also:Oxford University Police

1674 engraving of a Proctor in theUniversity of Oxford.FromHabitus Academicorum,by George Edwards

The Proctors ofOxford Universityare senior officers of the university who are responsible for enforcing University discipline and sanctions, for handling complaints against the university, and for conducting publicexaminations(often at theExamination Schools). They are elected annually by thecolleges.Two Proctors are elected each year: a Senior and a Junior Proctor.

The reform of the university statutes in 2002 reorganised the disciplinary system of the university and reduced the powers of the Proctors. However, they still act asombudsmenfor the university, and handle formal complaints by and against students (although more minor disciplinary matters are usually dealt with by theDeanof each college). They have the power to issuefinesto members of the university for numerous offences, includingcheatingin examinations.

Prior to 2003, the Proctors were aided in disciplinary matters by theOxford University Police(who worebowler hatsand were generally known as "Bulldogs" ); the University Police were a private constabulary with full powers of arrest within the precincts of the university and within four miles (6 km) of any University building.However, after receiving public criticism in 2002 for their exercise of authority over citizens of Oxford who were not members of the university,the force was disbanded by the University Council in 2003, due partly to the excessive expense of complying with new Government requirements on police training and complaints procedures.Today, the Constables have been redesignated as "Proctors' Officers" and continue to serve under the Proctors, but no longer have the powers of police constables.

Examination supervisor

Main article:Exam invigilator

In theUnited Statesand some other countries, a proctor can be any teacher or other staff member at a university, secondary school, or even elementary school when they aresupervising the administration of a testorexamination;i.e., the role referred to as an "invigilator"in British, Canadian, Australian and South African English.

Online proctoring

Online proctoring is the monitoring or invigilation of assessments taken remotely.

Online proctors verify test-taker identity and monitor to prevent cheating using a variety of methods, including live, record-and-review, and automated proctoring. Online proctoring services work with colleges, universities, corporations, and other certification providers to offer identity verification services and assessment monitoring.

Demand for online proctoring has expanded in recent years as a result of rapid expansions in online learning. In 2006, theDepartment of Educationwaivedthe so-called “50 percent rule,” which stipulated that U.S. students in online degree programs could only receive federal student aid if half of their programs were campus-based. As of 2017, one in three students takeat least one course online during their college career. In addition, instructors in face-to-face classes can also administer exams online.

Higher education institutions around the world make use of online proctoring for tens of thousands of exams. The 17 campuses of the University of North Carolina proctorbetween 30,000 and 40,000 exams online per year. At the fully onlineWestern Governors University,30,000 exams are proctored online each month. Recent estimates suggestthat there are about fifteen providers of online proctoring.

Research on online proctoring

Research suggests that students are equally likely to cheat online as they are in person.However, one study found that nearly three-quarters of college students hold the perception that cheating online is easier than cheating in person.In 2016, USA Today reported on research by Examity which suggests that 6% of students violate rules for proctored online exams. There is clear evidence to that it is easily possible to circumvent e-proctoring software. A scientific test of the Proctorio software at the Dutch University of Twente showed that the software was not able to detect any of the cases of examination fraud it was subjected to. The conclusion was that the sensitivity of Proctorio is disastrous and should be considered at very close to zero.

Some online proctoring providers give colleges and universities access to anonymized, aggregated data on proctoring and cheating rates.These analytics tools allow institutions to measure their violation rates against other schools, as well as to track incidents by time of year and type of course, among other metrics.

See also

• Lector
• Procurator (Catholic Church)

External links

• Proctors,University of Cambridge
• The Proctors' Office,University of Oxford