CONSTITUTION OF VILLA COLLEGE STUDENT ASSOCIATION - DRAFT

Transcription

1 CONSTITUTION OF VILLA COLLEGE STUDENT ASSOCIATION - DRAFT 1. OBJECTIVES (1) The objectives of the Villa College Student Association (VCSA) are: (a) to promote the welfare of and further the interests of Students of Villa College; (b) to work for quality and equity in higher education across the Maldives; (c) to afford a recognised means of representation for VC Students within the College and the wider community; and (d) to foster community, equity and diversity within the College. (e) Undertake each semester new student orientation programme under the guidance of student services. 2. MEMBERSHIP (1) VCSA has one class of membership: ordinary membership. (2) An ordinary member of the VCSA is any person who: (a) is a registered student of VC; and (b) has not written to the General Secretary of the VCSA specifically stating that she or he does not wish to be a member of the VCSA. 3. FEE, SUBSCRIPTIONS ETC. (1) A mandatory contribution of MVR45 per semester/mvr30 per trimester would be charged to each student as their contribution towards the VCSA. This fee applies to all students irrespective of their membership class to VCSA. 4. STUDENT REPRESENTATIVE COUNCIL (1) Student Representative Council (SRC) will be the governing body of the Association. Membership of the council comprises the following classes: (a) The executive The executive comprises the following elected representatives President Vice president Treasurer General secretary (b) General representatives: three general representatives elected across the college where one student from undergraduate, one student from postgraduate and one student from all other programme (c) Student secretaries elected for the following roles. Sports and Recreation Secretary Welfare Secretary

2 Academic Secretary Social and Cultural Secretary 5 Operation of SRC (1) SRC is elected for one academic year. However, if any member of SRC cease to be a registered student during the term, the position will become vacant and a by-election for the reminder of the term would be conducted as per the election regulation. (2) Quorum of the SRC is 50% of SRC membership plus one. (3) The power to call for a meeting lies with the General Secretary. (4) Pass resolutions with a simple 1/3 majority on general administration of VCSA. (5) Where a resolution to amend this constitution is required it can be done so with a 2/3 majority of the SRC. PRESIDENT (1) The President must, subject to the Constitution, the Regulations and Policy of the Association: a. Represent all students of the Association at College level; b. Be the spokesperson of the Association on matters of concern to members of the Association; c. Make every effort to inform members of the Association of issues relevant to their welfare, and of decisions made or actions undertaken by the Association on their behalf; d. Be available to students to provide advice and advocacy; e. Make a report of the activities of the Association to the Annual General Meeting of the Association; f. Take such other action as she or he considers necessary in the interests of members of the Association; g. Represent the views of the Association to the media; h. Be primarily responsible for the Association's Executive; i. Consult the relevant College departments on issues that impact students welfare at Villa College.

3 VICE PRESIDENT (2) The Vice President must, subject to the Constitution, the Regulations and Policy of the Association: a. Together with the President, represent all students of the Association at College level; b. Be available to students to provide advice and advocacy; c. Liaise with students and relevant organisations about education and welfare issues; d. Assist the President in researching education and welfare issues; e. Assist with campaigns organised by the Association that address education and welfare issues; and f. Maintain a comprehensive knowledge of the workings of VCSA in order to substitute for the President should the need arise. GENERAL SECRETARY (3) The General Secretary must, subject to the Constitution, the Regulations and Policy of the Association: a. Convene meetings of the Association as required under this Constitution; b. Ensure that the minutes of meetings of the Association, including a basic summary of discussion, are recorded and retained; c. Prepare, authorise and release all notices of the Association; d. Be responsible for informing Officers of the Association about their responsibilities under this Constitution; and e. where dispute arises, has the power to interpret sections of this Constitution. TREASURER (4)The Treasurer must, subject to the Constitution, the Regulations and Policy of the Association: a. Oversee the financial affairs of the Association; b. Arrange for the books and accounts of the Association to be audited and presented; c. Prepare and present such reports as required under this Constitution;

4 d. Be responsible for assisting Representatives of the Association in organising the finances of the Association for which they have responsibility; and e. Be responsible for obtaining sponsorship of the Association and its activities, and for maintaining relations with those sponsors 6 STAFF COUNCIL (1) Staff council is a member of Villa College staff who has the overall responsibility of overseeing the functioning of the council. (2) The staff council also represents the formal link between the association and Villa College. (3) The staff council will not under any circumstances be involved in the management of the VCSA. Neither does possess the voting rights. (4) The main role of Staff council would be to ensure VCSA comply with the code of conduct of Villa College and keep the SRC accountable. 7 GENERAL MEETINGS (1) General Meetings of the Association are open to all members. All members are entitled to vote at General Meetings. (2) General Meetings of the Association may be convened at the discretion of the General Secretary, but the General Secretary must convene at least two (2) Ordinary General Meeting of the Association during each Semester except that Semester in which the Annual General Meeting is held. (3) The General Secretary must publish the schedule of General Meetings for each semester (excluding Special General Meetings), on the Association's website and notice board, no later than the end of the first week of that elected term. (4) A General Meeting of the Association may, subject to this Constitution and the Regulations: a. Pass a resolution that determines the Policy of the Association with respect to any matter within the Objects of the Association; b. Pass a resolution that directs the Executive as to how it should act to give effect to the Policy of the Association; c. By a resolution carried by a not less than two-thirds majority of those present and voting, make Regulations, or amend or repeal Regulations; d. Pass a resolution recommending the dismissal of an Officer in accordance with section 10;

5 e. Notwithstanding any other section of this Constitution, by resolution carried by not less than a two-thirds majority of those present and voting, dismiss any Officer of the Association, provided that one hundred and twenty (120) or more members of the Association are present; f. Receive at each of its meetings a report detailing recent activities and expenditure from SRC. (5) Subject to section 9(15), whoever convenes an General Meeting of the Association must give at least ten (10) Teaching days notice of the time, date and venue of such a meeting, and at least three (3) Teaching days notice of the agenda of such a meeting, by prominently displaying these details: a. On the front door of the Association offices; b. On noticeboards of the Association (6) When the nature of the business proposed to be dealt with at a General Meeting requires a Special Resolution of the Association, whoever convenes such a General Meeting must give at least twenty one (21) days notice of the time, date and venue of such a meeting, and at least three (3) Teaching days notice of the agenda of such a meeting, by prominently displaying these details: a. On the front door of the Association offices; b. On noticeboards of the Association (7) Any General Meeting of the Association that is convened without satisfying the notice requirements is to be regarded as unconstitutional, and any resolution passed at the meeting has no effect. (8) Whoever convenes a General Meeting of the Association in accordance with this Constitution must, at that meeting give an opportunity for: a. Any motion to be put to the meeting if it was submitted to her/him at least five (5) Teaching days before the date of the meeting and is moved by an ordinary member of the Association; and b. Questions and an opportunity to place motions on notice for the next General Meeting of the Association. (9) Whoever convenes a General Meeting of the Association in accordance with this Constitution may determine the order of business on the agenda. (10) The quorum for a General Meeting of the Association is forty (40) members of the Association present in person.

6 ANNUAL GENERAL MEETINGS (11) The Annual General Meeting (AGM) of the Association shall be convened by the General Secretary within three (3) months after the end of each financial year. (12) At each AGM: a. The President's report on the activities of the Association since the previous AGM; b. The Treasurer's Report on the financial position of the Association at the end of the previous financial year; c. The Draft Budget; d. Such other reports as the SRC determines shall be presented and approved and shall be made available for inspection by members at least fourteen(14) Teaching days before the AGM. SPECIAL GENERAL MEETINGS (13) The General Secretary must convene a Special General Meeting of the Association within seven (7) Teaching days of being presented with a petition signed by at least eighty (80) members of the Association calling for such a meeting, or a resolution passed by a simple majority of the SRC calling for such a meeting. Quorum of such a meeting should be at least 55 members. (14) Whoever convenes a Special General Meeting of the Association in accordance with this Constitution must give at least five (5) Teaching days notice of the time, date, place and agenda of such a meeting by prominently displaying these details: a. On the front door of the Association offices; b. On noticeboards of the Association (15) Whoever convenes a Special General Meeting of the Association in accordance with this Constitution must discuss only those matters specified in the request to the General Secretary, and they must be dealt with in the order set out in that request. 8 ELECTIONS (Term = Feb-Jan) (1) All the members of the SRC need to be elected. The election will be carried out through the following procedure. (A) The election for the forthcoming year will take place in January of the year the year members will commence their office term. (B) Students interested to become part of SRC needs to submit the nomination form to the staff council on or before the due date.

7 (C) After due date the staff council will form a committee comprising of the current president, three appointed members of the Villa College to determine each applicants eligibility to contest. In the clearance stage, any student who has not met the satisfactory academic and discipline performance will be disqualified. (D) All qualified students will be notified and displayed to run for election and given 15 days to openly contest for the election. (E) Election will be administered and monitored by the VC staff and will run for a full one day from 4pm to 10pm. 9 VACANCIES (1) The position of a Representative of the Association becomes vacant if she or he: a. Ceases to be a Student; or b. Resigns her or his position in writing to the General Secretary; or c. Is disqualified from office under Section REMOVAL FROM OFFICE (1) Except as provided under the relevant Regulations, a Representative of the Association may only be removed from office if: a. She or he has willfully acted in a fashion contrary to the Constitution, the Regulations or a Policy of the Association; or b. She or he has manifestly failed to fulfill her or his obligations under the Constitution and Regulations. (2) A Representative of the Association other than a Departmental Officer must be removed from office if: 11. FINANCE a. A resolution is carried by a two-thirds majority of those present and voting at a meeting of the SRC or a General Meeting of the Association stating that she or he must be removed b. from office because of behaviour mentioned in section 10(1); and c. The Disputes Committee accepts that the Representative of the Association has acted in the fashion alleged by this Constitution. (1) Expenditure of the Association's funds is governed by the VCSA Finance Policy and all Officers must comply with those Regulations.

8 (2) All the income from fees, subscription and sponsorship would be held in a designated account at Villa College. (3) Petty cash expenditure would be done on accrued basis and all release of funds would be approved jointly by College staff and VCSA designated executives. BUDGET (3) The budget of the Association must be presented by the Treasurer to the first General Meeting held in the first Teaching Period of the Academic year. (4) The provisional budget for the next year of the Association must be presented by the Treasurer to the first Ordinary General Meeting held in the fourth Teaching Period of the Academic year. 12 COMMON SEAL (1) A common seal of the Association shall be kept by the General Secretary. It shall be affixed by authority of the SRC, and any one of the President, Vice-President and Treasurer shall sign below the Seal. 13 SATISFACTORY ACADEMIC PERFORMANCE (1) All SRC members are required to demonstrate satisfactory academic performance throughout the term. If a member of SRC s academic standing becomes probationary, her/his position will become automatically vacant. (2) Notice of such Vacancy would be given in consultation with the staff council and College Executives. 14 ATOLL CAMPUSES/LEARNING CENTRE CLUBS (1) Each atoll campus or learning centre may form their own campus/learning centre clubs which will be affiliated with Villa College Student Association. (2) From time to time, Villa College Student Association will conduct programmes to enhance the student experience in atoll campuses and learning centres.

9 13 DISPUTES COMMITTEE (1) There is to be a Disputes Committee, which must operate under the provisions set out in the Constitution and any Regulations governing its operation as made in accordance with section 10. (2) The Disputes Committee is established to consider the validity of resolutions calling for the dismissal of Representatives of the Association, and to consider allegations of breaches of this Constitution and the Regulations, and such other matters as are provided for in this Constitution, the Regulations or the Policy of the Association. The Disputes Committee must undertake a thorough investigation into any matter referred to it under the Constitution, the Regulations or any Policy. (3) (a) If a resolution calling for the dismissal of a Representative of the Association is referred to the Disputes Committee as set out in this Constitution, that Representative of the Association will only be dismissed if a simple majority of those members of the Disputes Committee present and voting believe that the burden of proof required under that section for a Representative must to be dismissed has been satisfied. (b) If an allegation of a breach of this Constitution or the Regulations is referred to the Disputes Committee as set out in this Constitution, such a breach will only be established if a simple majority of those members of the Disputes Committee present and voting believe that the requirements of the section/s in dispute have not been reasonably met. (4) The Disputes Committee may, by a simple majority of those present and voting, impose a fine, revoke membership rights or impose such other penalty as is prescribed by the Regulation. (5) In the course of her or his investigations a member of the Disputes Committee may view any document in the possession of the Association which is relevant to those investigations, including a ballot paper. (6) The Disputes Committee must consist of not more than 5 members of the Association. (7) No member of the Association who is a Representative of the Association mentioned in Section 4 of this Constitution may be appointed to the Disputes Committee. (8) The appointment of members of the Association to the Disputes Committee is made at the beginning of each term of office of the SRC. (9) The members of the Disputes Committee must from time to time elect one of their number as Chair of the Committee. (10) Members of the Disputes Committee hold tenure until: (a) They cease to be a member of the Association; (b) They resign, in writing, to the General Secretary of the Association;

10 (c) Their term of appointment has expired. (d) They are elected or appointed to or nominate for any position listed in Section 4 of this Constitution.

11 ANNEX 1 VCSA Election Regulation (draft) Election will be undertaken by a Returning Officer who is a nominated staff of Villa College. 8.1 Counting of Votes The Returning Officer must, as soon as is practicable after the close of polling, arrange for the counting of votes to commence Each candidate in an election may appoint up to 2 scrutineers (who may be students and who may be candidates) to attend the counting of votes - however no candidate may attend the counting of votes for the election for which she/he is standing and no candidate can appoint themselves as a scrutineer The Returning Officer or her/his nominee may admit other members of the Association to attend the counting of votes at her/his discretion In the case of a referendum, each member of the SRC may nominate up to 5 scrutineers (who may be students) to attend the counting of votes The Returning Officer or her/his nominee must determine whether or not each vote is valid in accordance with these Regulations Votes may be recounted at the discretion of the Returning Officer or her/his nominee All voting papers, valid and informal, must be kept by the Returning Officer in a secure place until after the poll is declared The Returning Officer must ensure that all voting papers are retained and stored securely for 12 months after the election or referendum in which they are cast. 8.2 Annual Elections General The Annual elections of the Association must be conducted in one day and must include at least 6 hours of voting A by-election must be conducted in one day and must include at least 4 hours of polling The Returning Officer shall be appointed by the Rector. The Returning Officer must a) have not been eligible to vote in an Election of the Association; or b) have not been an Officer of the Association in the current Academic Year.

12 8.2.4 An independent person and/ or body is to be engaged to conduct the annual elections, and no persons who a) have been eligible to vote in an Election of the Association; or b) have been an Officer of the Association in the current Academic Year may be involved The elections must be conducted using an optional preferential system and in accordance with this Constitution and the Regulations The positions to be filled at the annual elections are those listed under Section 4 (a), (b) and (c) of this Constitution A member is only entitled to stand for election to a General Representative position if she/he is enrolled in that specific level as prescribed in Section A student is entitled to vote for a General Rep position if she/he is enrolled in that specific level as prescribed in Section The Returning Officer's report must be tabled by the President at the first Ordinary General Meeting of the VCSA The General Meeting may a) declare the poll; or b) in the event of allegations of irregularities a standing dispute committee resolution must be presented If the General Meeting fails to consider the Report, or fails to act under section then the Disputes Committee shall deal with the Report as if it had been referred to the Committee under (b). 8.3 Call for Nominations The Returning Officer must call for nominations at least 2 weeks before the commencement of polling, and nominations must remain open for at least 1 week The call for nominations must state: a) the positions to be contested; and b) the eligibility criteria for members wishing to stand; and c) details of how nominations may be lodged; and

13 d) the date of the close of nominations; and f) the days, times and places of polling The call for nominations must be prominently displayed: a) at the Student Desk; and b) on each Faculty Notice Board; and c) on each class room; and d) on VC Library; and e) on each building of VC; and f) on VC website and facebook 2.3 Nominations Nominations for any position contested at the annual elections must: a) be signed by two ordinary members of the Association (in addition to the nominee); and b) contain a signed undertaking by the nominee that she/he will act in the position if elected; and c) contain a signed undertaking by the nominee that she/he will abide by these Regulations A nominee can withdraw her/his nomination at any time up until 2 Working days after the date of the close of nominations Nominations must be collected in a locked ballot box, to be positioned by the Returning Officer at a venue easily accessible to nominees between the hours of 4pm and 10pm throughout the period nominations remain open No nomination may be accepted unless it is submitted during the period that nominations remain open A No nomination of a candidate for election to a position may be accepted where either of the nominators listed on that nomination under section 2.3.1A has nominated more candidates for election to that position than there are vacancies to be filled At the close of nominations the Returning Officer or her/his nominee must, in the presence of at least 2 independent witnesses (who may be students), open the ballot box and determine the validity of

14 the nominations A A candidate may appoint one person (who may be a student, but who must not be a candidate) to observe the Returning Officer or her/his nominee determining the validity of the nominations under sections and 2.3.7C B Where the Returning Officer or her/his nominee determines that a nomination that is submitted during the period that nominations remain open is not valid under section the Returning Officer or her/his nominee must: a) make a reasonable attempt to contact the candidate to inform her/him that the nomination is invalid The Returning Officer or her/his nominee must, as soon as is practicable after the close of nominations, prominently display a list of nominations for all positions at all student notice boards at College and at Student Desk If the number of candidates nominated for any position is equal to the number required to be elected, an election for that position is not required If the number of candidates nominated for any position is below the number required to be elected, an election for that position is not required, and any unfilled position is to be considered a casual vacancy, and must be filled in accordance with section 3 of the Election Regulations If the number of candidates nominated for any position is greater than the number required to be elected, the Returning Officer must conduct an election for that position All nominations, valid and invalid, must be kept by the Returning Officer in a secure place until after the poll is declared. 2.4 Voting Papers The Returning Officer must arrange for the preparation of the voting papers There are three voting papers. The first voting paper will cover SRC Executives and General Representatives and Secretaries to be elected. The second voting paper would cover the level of enrolment to be elected In each voting paper, the Candidate Name and the Position contesting needs to be specified The voting paper for executives and general representative must contain the following words against each position requiring elections: Executives: Place ( ) against the candidate of your preference for each position

15 General Representatives: Place ( ) against the candidate of your preference according to the level you are enrolled at The voting paper secretaries must contain the following words: Place ( ) against the candidate of your preference for each position 2.5 Polling Procedure On Election Day, the voting shall take place at Student Desk and/ or a designated room at Villa College In order to cast a valid vote, an ordinary member of the Association must be present in person at the polling place Ballot papers for the election must be printed or otherwise marked with a security device, to be determined by the Returning Officer or her/his nominee The Returning Officer must ensure that procedures are in place to: a) limit each ordinary member of the Association to voting no more than once; and b) ensure that the way in which any voter marks her/his ballot paper is not revealed, either when that member votes or at any later stage The Returning Officer or her/his nominee must prepare a list of ordinary members of the Association eligible to vote at the annual elections; the list will indicate which elections each member is entitled to vote for Where an ordinary member of the Association applies in person to vote at a polling place, and the member's name is included on the list of members prepared under section 2.5.6, the Returning Officer or her/his nominee must subject to section 2.5.5(a) provide to the member a set of ballot papers for the elections for which the member is eligible to vote Where a person claiming to be an ordinary member of the Association applies in person to vote at a polling place, and the person's name is not included on the list of members prepared under section 2.5.6, and/ or cannot provide an identification card under section b), the Returning Officer or her/his nominee must provide to the person a declaration vote envelope and a set of ballot papers for the elections for which the person claims he/she is eligible to vote, with each ballot paper bearing the word "declaration" Where an ordinary member of the Association is issued ballot papers under section 2.5.8, the member shall mark her/his ballot papers in accordance with section 2.6, enclose the ballot papers in the declaration vote envelope provided, sign the declaration on the envelope, and return the envelope to the Returning Officer or her/his nominee who issued the ballot papers to the member.

16 Where the Returning Officer or her/his nominee receives a declaration vote envelope containing ballot papers under section 2.5.9, the Returning Officer or her/his nominee must after the close of the poll determine subject to section 2.5.5(a) whether the member is entitled to vote at the elections and: a) if the declaration is signed and she/he decides the member is entitled to vote, the envelope is to be opened in such a way as to ensure that the way in which the voter marked her/his ballot papers is not revealed and the ballot papers therein must be included in the count of votes; or b) if the declaration is unsigned or she/he decides the member is not entitled to vote, the declaration envelope must be set aside unopened. 2.6 Casting of Votes The voter must indicate the order of her/his preference on the voting paper by placing a check mark ( ) against the name of the candidate of her/his choice A ballot paper will not be valid if: a) the voter has not indicated her/his preferences for at least 1 candidate; or b) the voter has indicated her/his first preference for more candidates than the number of vacancies; or c) in the opinion of the Returning Officer or her/his nominee, it has writing on it by which the voter can be identified; or d) in the opinion of the Returning Officer or her/his nominee, the ballot paper is not authentic; or e) it is a ballot paper issued under section and marked with the word "declaration" and it was placed in a ballot box in a polling place and not enclosed in a declaration envelope Number of votes for each candidate will be counted to determine the winner. 2.7 Electoral Publication The Returning Officer or his nominee shall publish the results of the election as soon as the Counting process is over A 24 hour duration will be given to lodge any complain with regard to election with the nominee of Returning Officer by candidates or their representatives.

17 2.8 Campaign From the time of declaration of eligibility to contest by Returning Officer, all the contestants can publicity campaign within Villa College and in Social Media until 12 hours before the election All campaign material within 50 feets of voting area shall be removed by the instruction of the returning Officer by 12pm of the date of election.