University of Wolverhampton Students Union Bye Laws

Transcription

1 University of Wolverhampton Students Union Bye Laws Context 1. The University of Wolverhampton Students Union ( UWSU or the Union ) is a company limited by guarantee, registered in England and Wales under the Charities Commission. 2. These Bye Laws are made by Trustees in accordance with Article 61 of the Articles of Association of UWSU. 3. The Memorandum and Articles of Association of UWSU shall take precedence over these Bye Laws which shall not be interpreted or applied in any way which is inconsistent with the Memorandum and Articles of Association of UWSU. 4. Words and meanings used in these Bye Laws have the same meaning as ascribed to them in the Memorandum and Articles of Association of UWSU, unless the context otherwise requires. 5. These Bye Laws relate to the following: 3.1 Membership of the Union Bye Law 1 (page 2) 3.2 The Trustee Board Bye Law 2 (page 4) 3.3 Governance and Decision-Making Processes of the Union Bye Law 3 (page 7) 3.4 Representation Bye Law 4 (Page 14) 3.5 Elections and Referenda Bye Law 5 (page 16) 3.6 Clubs and Societies Regulations Bye Law 6 (page 22) 3.7 Disciplinary and Complaints procedures Bye Law 7 (page 25) 6. These Bye Laws may be altered, carried or amended in accordance with Article 61 of the Articles of Association of UWSU. 7. These Bye Laws were agreed by the Trustees on 1

2 BYE LAW 1 MEMBERSHIP Status Full Membership 1. Becoming and ceasing to be a Member is as defined by the Articles 10 and 11 of the Articles of Association of UWSU. 2. In accordance with Article 10, all students registered with the University who have not opted out and all Officer Trustees shall be Members of the Union. 3. Full Members shall be entitled to: 3.1 participate in the activities of the Union 3.2 use the services and facilities of the Union 3.3 attend and vote at general meetings of the Union and at the annual Members meeting 3.4 vote and stand for office in the elections of the Union Opting out 4. Every student at the University shall be able to exercise their right to opt out of membership of the Union by writing to the President of the Union in accordance with Article A student who has opted out of the Union shall remain opted out for the duration of their enrolment at the University, or until they revoke their opt-out status in writing to the President of the Union. 6. All students who opt out of the Union shall be covered by the published Code of Conduct agreed between the Union and the University and shall continue to have the right to: 6.1 attend Union events 6.2 participate in the activities of the clubs and societies of the union 6.3 access Union services 7. A Student who exercises his or her right to opt out of membership of the Union shall not be able to: 6.1 participate in the democratic and decision-making function of the Union 6.2 vote in any Union election 6.3 stand for any elected office 6.4 serve as a Student Trustee or any other representative position defined in the Articles of Association or Bye Laws Associate and Honorary Life 8. Associate membership of the Union shall be granted to graduates of the University of Wolverhampton or members of other bodies, on application to the Board of Trustees. Union Council 2

3 Members shall have delegated authority from the Board of Trustees to approve such applications. 9. Honorary Life Membership of the Union shall be granted to individuals through a nomination by Union Council and subject to the approval of the Board of Trustees. In addition, members of Union Council who receive two commendations for their work by Union Council will be recommended for Honorary Life Membership. 10. Associate and Honorary Life Members shall be entitled to: 10.1 make use of any services and facilities of the Union; 10.2 hold ordinary membership of any Union club or society; 10.3 attend Annual and Extraordinary General meetings of the Union as observers; 10.4 access other services at the discretion of the Executive Committee; 11. Associate and Honorary Life Members are not entitled to: 11.1 vote on any matter; 11.2 stand in the Union s elections; 11.3 participate in other Union democratic processes; 12. Associate and Honorary Life Members shall terminate: 12.1 If he or she opts out of membership by giving notice in writing to the President of the Students Union; 12.2 If it is resolved by the Board of Trustees that it is in the best interest of the Union that his or her membership is terminated. In this case, the Trustee Board must give at least 14 days notice in writing of the meeting of the Trustees at which the resolution with be proposed and the reasons why it is being proposed. The member (or their representative who does not need to be a member) will be allowed to make representations to the meeting; 12.3 on death; 12.4 in the case of Associate members, after one calendar year after the membership is granted, unless a further application is made and granted, as a per point 7 above. 3

4 BYE LAW 2 THE BOARD OF TRUSTEES Composition 1. The composition of the Board of Trustees is as laid out in Article 31 of the Articles of Association of UWSU. 2. The appointment and terms of office of the Trustees are as laid out in Articles 32 to 35 of the Articles of Association of UWSU and in points below. 3. The removal, resignation and replacement of Trustees are as laid out in Articles of the Articles of Association of UWSU. Powers and Responsibilities 4. The general powers and responsibilities of the Board of Trustees are as laid out in the Articles 41 to 44 of the Articles of Association of UWSU. 5. The powers of the Trustee Board are also laid out in Article 5 of the Articles of Association of UWSU. Devolvement of Responsibility of the Board of Trustees 6. The Trustees may delegate any of their powers to any person (s) or committees, as laid out in Articles 42 and 44. The Trustees will determine the number, remit and membership of any such committees. Such committees may include Officer Trustees, Part-time Officers and non-elected Members of the Union. 7. All such committees shall report regularly to the Trustees in accordance with Article 31 and may be required to submit reports to Union Council. 8. Members of the Union s staff team may be invited to attend committee meetings to advise or support the committee, at the request of the Chair of that committee. 9. The Trustees can devolve responsibilities to the Union s CEO or Executive Committee as they see fit. 10. The Trustees shall have the power to revoke in whole or in part or to amend any delegation of their responsibilities to any committee and can require any such committee (other than Executive Committee) to no longer meet and cease to exist. Devolved responsibilities to the CEO of the Union 11. The CEO shall have devolved responsibility for the day-to-day management of the staff of the Union (other than the Officer Trustees who are accountable to and managed by the Board of Trustees). The CEO can, in turn, delegate responsibilities through the management structure. 4

5 12. The CEO shall, on behalf of the Board of Trustees: 12.1 ensure the production of monthly management accounts, monitor expenditure against agreed budgets; 12.2 to promote a culture of accountability throughout the Union s operations and staff; 12.3 to ensure that appropriate insurance cover is undertaken for the Union s operations; 12.4 advise the Trustees on the appointment of external auditors and their terms of engagement and on tenders, where appropriate; 12.5 to report the findings of external audit reports and consider and monitor the implementation of any recommendations arising from such reports. Appointments Panel 13. The Board of Trustees may establish an Appointments Panel to appoint the Student and External Trustees and to ensure the Board as a whole has the necessary range and balance of skills and experience to enable effective governance. 14. The Panel shall meet as and when required and ensure that vacancies are filled at the earliest opportunity. 15. The Panel shall consist of: 15.1 President (who shall be Chair); 15.2 One Officer Trustee; 15.3 Chair of Union Council or a Part-time Officer and 15.4 An External Trustee selected by the Board of Trustees. 16. The CEO of the Union shall act as secretary to the Panel. 17. At least three members of the Panel need to be present for the Panel to be quorate. The Panel cannot deal with any business if it is not quorate. 18. The functions of the Panel are to: 18.1 approve the information and documentation sent to potential candidates; 18.2 approve the process and timetable for recruitment, interview and selection; 18.3 shortlist and interview candidates on behalf of the Trustees and make appointments. Officer Trustees 19. The term of office of the four Officer Trustees shall be from 1 st July during the year of election to 30 th June the following calendar year. For Officers elected at Bye Elections, the term of office shall commence immediately upon completion of the election procedures and terminate on 30 th June 5

6 the same academic year. 20. Full-time elected Officers cannot take up a permanent staff position within the Students Union within a two year period of holding a position as an Officer Trustee. 21. The Officer Trustees may serve a maximum of two terms of office, which may be either consecutive or non-consecutive and which may include any combination of Officer Trustee posts; 22. At the same time as commencing their term of office, the Officer Trustees must also enter into a written contract of employment with the Union, which will detail their terms and conditions of employment and remuneration. 23. The general, specific and day-to-day responsibilities of all Officer Trustees are laid out in the role descriptions for each post. These will be made available to the Membership via the Union website. 24. If an Officer Trustee ceases to be a Trustee by virtue of any provision of Articles 36 to 39 of the Articles of Association, they may also be subject to the Union s disciplinary procedures as laid out in the Staff and Officers Handbook. The outcome of this may include dismissal from employment. 25. Officer Trustees are expected to abide by the codes of conduct, procedures and rules as laid out in the Staff and Officer Handbook and these Bye Laws at all times. Breaches may result in disciplinary action. 26. Immediately following their election, successful candidates shall be designated Officer Trustees elect and can be invited to attend Trustee meetings, Executive Committee, Union Council, and other committees relevant to their post, as observers. 27. Officers elect shall be remunerated at the same rate as Officer Trustees, pro rata, for any training hours or induction they undertake prior to the commencement of their contract of employment. Student Trustee University Trustee and External Trustees 28. The term of office of the Student Trustee shall be from 1 st August from the year in which they are appointed until 31 st July the following year. For Student Trustees appointed to fill a vacancy after the commencement of the academic year, their term of office shall commence immediately upon appointment and shall terminate on 31 st July in the same academic year. 29. The term of office of the University Trustee and External Trustees shall commence immediately upon appointment. 6

7 BYE LAW 3 GOVERNANCE AND DECISION-MAKING PROCESSES OF THE UNION Executive Committee 1. The composition and general responsibilities (as devolved by the Board of Trustees) of the Executive Committees are as laid out in Article 45 of the Articles of Association of UWSU. 2. The Executive Committee shall also: 2.1 receive reports from the CEO and Union staff detailing performance in key areas, to include financial information where appropriate; 2.2 act as a channel of communication between Union Council and the Board of Trustees 2.3 formulate the Union s strategic plan under the direction of the Board of Trustees 2.4 carry out the decisions made by the Board of Trustees and by referendum 2.5 act within the powers delegated to it by the Trustees and/or Union Council 2.6 promote the purpose, activities and campaigns of the Union 2.7 consult with Members, represent their needs and defend their rights 2.8 be responsible for communication between the Members, the University and other organisations 2.9 recognise societies and clubs, provided they meet the requirements as laid out in Bye Law feedback to Union Council on current developments in higher education, including the activities and campaigns of NUS (if the Union is affiliated) and regional and national developments report to the Trustees at every meeting of the Board. 3. The Executive Committee shall consist of the Full-time Officer Trustees, namely: 3.1 President (who shall be Chair) 3.2 Academic Vice President 3.3 Welfare Vice President 3.4 Student Experience Vice President and of the Part time Officers, namely: 3.5 Environmental Officer 3.6 Volunteering Engagement Officer 3.7 Mature/Part-Time/Student Parents Officer 3.8 International Students Officer 3.9 Postgraduate Engagement Officer 7

8 3.10 City Campus Officer 3.11 Walsall Campus Officer 3.12 Telford Campus Officer 3.13 Accommodation Officer 4. The role descriptions of the Part-Time Officers will be made available on the Union s website. Meetings 5. The CEO of the Union shall attend Executive Committee meetings but shall not have voting rights. Other staff members of the Union may be invited to attend, as required. 6. The Executive Committee will normally meet monthly during term-time. Quoracy for meetings will be attendance of 40% of the filled positions of Executive Committee. Sub-Committees 7. The Executive Committee may delegate responsibilities or activities with which it has been entrusted to a sub-committee it establishes for that purpose and determine the terms of reference and membership. Union staff may be invited to advise and support the sub-committee. 8. The Executive Committee has the power to revoke all or part of a sub-committee s powers and require any such committee to no longer meet and, therefore, cease to exist. 9. Quoracy of any sub-committees established by the Executive Committee shall be half of the members of that committee. All sub-committees can include Officer Trustees, Part-time Officers and non-elected Members of the Union. 10. All sub-committees must provide regular reports to the Executive Committee and, when required, to Union Council. 11. The Executive Committee shall establish, as a minimum, the following sub-committees: 11.1 Elections Committee (the responsibilities of which are laid out in Bye Law 5 points 3-?) 11.2 Education Committee 12. The Education Committee shall seek to represent the wider student voice in academic and academic administration matters. It shall consist of: 12.1 The Four Full-Time Officers (the Academic Vice President shall be Chair) 12.2 All elected Faculty Representatives 8

9 12.3 Mature/Part-Time/Student Parents Officer 12.4 International Students Officer 12.5 Postgraduate Engagement Officer 12.6 A staff member of the Union to support and advise the committee Union Council 13. The general responsibilities and authority of Union Council is laid out in Article 60 of the Articles of Association of UWSU, in particular to represent the voice of Members. 14. Union Council shall be elected from the Membership by cross campus ballot and shall consist of: 14.1 Chair of Union Council 14.2 All Officer Trustees 14.3 All Part-time Officers 14.4 All Faculty Representatives 14.5 PhD Representatives x Students with Disabilities Representative And the following Liberation Representatives: 14.7 Ethnic & Cultural Diversity Representative 14.8 LGBT+ Students Representative 15. No Member shall hold more than one elected position at any time (with the exception of NUS Delegate) and no existing member of Union Council may stand for another position in the same academic year. 16. The functions of Union Council shall be, in addition to those as laid out in Article 60: 16.1 To receive and approve minutes and reports from the Executive Committee (and, from time to time, its sub-committees) and to hold the members of Executive Committee to account; 16.2 To receive and approve (by a simple majority vote) reports from all Faculty Representatives; 16.3 To receive and approve (by a two thirds majority vote) commendations for Officers and Representatives for work that has greatly improved the Union or student experience; 16.4 To consider and approve new affiliations of the Union; 16.5 To mandate, by a simple majority vote, a Member to lead involvement with a regional or national campaign; 16.6 On behalf of the Trustee Board, to confer Associate and Honorary Life membership and to determine the terms of Associate membership in conjunction with the Board of Trustees. 17. As laid out in Article 41, decisions made by Union Council are subject to the over-riding authority of the Board of Trustees. 9

10 Meetings 18. Union Council shall meet at least every 6 weeks during term time and shall agree the dates. The Chair shall call such meetings. In addition to this, the President may call an extraordinary meeting of Union Council if they consider it to be interests of the Union to do so. 19. Quoracy shall be attendance by at least 40% of the filled positions of Union Council. 20. Meetings shall last no longer than 2 hours (except where an extension of one additional hour is approved by the Chair) and, in all incidences, finish by 9pm. 21. The CEO shall hold a seat on Union Council but have no voting rights. Other Union staff members may be invited to advise or support the council, as necessary. 22. A member of Union staff shall act as secretary of Union Council meetings and will support the coordination of the agenda, alongside the Chair. 23. All agenda items shall be submitted no less than 5 working days in advance of the meeting or at the discretion of the Chair. Agendas will be published no later than 3 working days before the meeting. 24. All Officer Trustees and Part-time Officers in post more than 3 weeks shall present a written report at each Union Council meeting of their activities and the associated outcomes. 25. Union Council may delegate responsibilities or activities with which it has been entrusted to a subcommittee it establishes for that purpose and determine the terms of reference and membership. 26. The status and terms for such sub-committees are the same as those laid out for Executive Committee sub-committees in points 6-9 above. 27. Union Council can request a full report on the activities of any sub-committee of Union Council or of the Executive Committee to be presented at a meeting. 28. The Chair of Union Council shall: 28.1 ensure the proper conduct of meetings in accordance with points 35 to 52 below; 28.2 ensure the meeting is in order, that remarks and points made are relevant to the question or issue under debate, that speakers are not intimidated and that no defamatory or offensive 10

11 remarks are made by anyone concerning another Member (whether present or not); 28.3 ensure all items on the agenda are debated within the time allotted; 28.4 ensure the meeting is quorate throughout its duration; 28.5 rule on allowing the meeting to be adjourned for comfort breaks; 28.6 give rulings and interpretations; 28.7 suspend the meeting if it is disorderly until such time as it comes back into order; 28.8 be impartial and not participate in any debate or offer personal opinions; 28.9 vacate the Chair if they wish to participate in a debate or when a Chair s ruling has been challenged or a vote of no confidence or censure in the Chair has been proposed; advise the meeting, where necessary, of the protocol regarding Union personnel and disciplinary matters; 29. In the absence of the Chair, the members of Union Council present at the meeting who are entitled to vote shall elect one member to chair the meeting. 30. A member of Union staff shall act as Chair s Aid and shall advise the Chair on matters relating to governance and to the operation of the meeting. They will not hold any voting rights. Voting 31. Every member of Union Council is entitled to one vote only which must be exercised in person. 32. Voting shall normally be by a show of hands, unless a secret ballot is called for. 33. In the event of a tied vote, the Chair shall have a casting vote, which is an additional vote. 34. Any motion or report approved by a majority of those present and eligible to vote, shall become Policy at the close of the meeting, except proposals to amend the Bye Laws which are subject to the approval of the Trustees, in accordance with Article Any person attempting to register a vote who is not entitled to, will be deemed to be in breach of this Bye Law and may be subject to disciplinary action. Code of Conduct at Meetings 36. All meetings, including annual general meetings, held by the Union, must resolve to adopt the regulations contained within this Bye Law, to ensure procedures are fair and democratic and to facilitate open and participative discussion. 37. All meetings open to all Full Members of the Union shall be publicised at least 5 working days 11

12 before the meeting via the Union website. 38. The Chair of Union meetings, including the annual general meeting, shall conduct their role in accordance with point 27 above. 39. All Full Members of the Union shall be entitled to attend all Union meetings and have the right to speak but only the Membership of that meeting may vote. 40. Any person whose conduct or presence prejudices the good order or conduct of the meeting may be ordered to leave by the Chair. 41. At the start of the meeting, the Chair shall call for a quorum count and shall present the agenda for approval by the meeting. Once approved, the agenda cannot be amended. 42. If the meeting is found to be inquorate, business may be discussed but reports and motions may not be passed or approved. 43. Debates on motions shall be conducted as follows: 43.1 proposing speech 43.2 speech against 43.3 debate 43.4 summation in favour 43.5 voting 44. The Proposer of any motion has the right to propose and summate or may waive to another Member of the meeting who seconds the motion to do so on their behalf. 45. All speeches shall last no longer than 2 minutes. The debate may last as long as the Chair deems necessary but will only permit new points to be raised by Members. The debate can include requests for clarification of points made and suggestions for amendments to the motion proposed. 46. Summation speeches shall last no longer than 1 minute and may not introduce any new points. 47. Amendments to motions must be discussed one at a time and must relate to the original motion. 48. Any amendment accepted by the Proposer and approved by the meeting shall become part of the motion and then be referred to as the substantive motion in the summation speech. 12

13 49. Reports presented by Members of the meeting must last no longer than 5 minutes. 50. The Chair will invite questions from the Members of the meeting, after which the report will be either accepted or rejected. 51. Voting at Union meetings shall be as laid out in points above. 52. Points of order shall take precedence over all other business, except that they may not be raised during a speech or vote, unless relating to the conduct of the vote. A Point of Order is a question raised by a Member who believes that proper procedure has been overlooked or not applied. 53. It is the responsibility of the Chair of the meeting to decide if a procedure or rule has been breached or overlooked and to take any necessary action in accordance with these Bye Laws. Policy 54. Article 70 defines Policy as set by Referenda, Union Council, general meeting or annual members meeting in accordance with Articles 13 and 60 of the Memorandum and Articles. 55. The Secretary and Chair of Union Council shall ensure an online policy book is maintained as a true and accurate record of the Policy of the Union. Updates must be made within 5 working days of any Policy change. 56. Policy will last for the remainder of the academic year in which it is agreed and for the one complete academic year following this. It will then lapse unless reaffirmed by Union Council before this time. 57. The President shall update the Chief Executive Officer on additions or changes of Policy that have been made. 58. The Secretary shall keep the Union Council informed of any such Policy that is about to lapse. 59. Policy set by Referenda cannot be overturned by Union Council but may be overturned by subsequent Referenda or by a general meeting of the Members or by an annual Members meeting. Provided that it was not made by Referenda, a general meeting of the Members or an annual Members meeting, Council may overturn or amend current Policy. A two-thirds majority is required to overturn or amend an existing Policy. 13

14 BYE LAW 4: REPRESENTATION Liberation Representatives Faculty Representatives 1. The Liberation Representatives (Reps), as laid out in Bye Law 3 point 13, will have responsibilities as defined by the role descriptions for each position. These will be made available via the Union s website. 2. In accordance with the Development of Student Representation paper 2011, the subsequent Bye-Law changes approved by Union Council in Autumn 2011, and the move by the University to Four Faculties (from eight Schools) during the academic year 2013/14, the following Faculty Representative (Rep) positions will be trialled for the Academic Year : 3. Four Faculty Reps for the Faculty of Science & Engineering, namely: One Undergraduate Faculty Rep for Science subjects One Undergraduate Faculty Rep for Engineering subjects One Undergraduate Faculty Rep for Technology subjects One Postgraduate Faculty Rep for the whole Faculty 4. Four Faculty Reps for the Faculty of Education, Health & Wellbeing, namely: One Rep for Walsall (Education) One Rep for Walsall (Health and Sport)/Burton One Rep for City (Health and Psychology) One Rep for (Public Health Social Work and Care) ` 5. Five Faculty Reps for the Faculty of Social Sciences, namely: One Undergraduate Faculty Rep for Business subjects One Undergraduate Faculty Rep for Law subjects One Undergraduate Faculty Rep for Social Sciences subjects One Undergraduate Faculty Rep for Leisure subjects One Postgraduate Faculty Rep for the whole Faculty 6. Four Faculty Reps for the Faculty of Arts, namely: One Undergraduate Faculty Rep for Arts subjects One Undergraduate Faculty Rep for Humanities and Media subjects One Undergraduate Faculty Rep for Performing Arts subjects One Postgraduate Faculty Rep for the whole Faculty 7. Faculty Reps shall receive training and regular support from the Union s Student Engagement team, 14

15 to help them perform their roles, which shall include monthly meetings. 8. Faculty Reps will sit on and be accountable to Union Council, in accordance with Bye Law 3 and shall provide reports to Union Council on the activities they have conducted within their role, with associated outcomes. 9. Faculty Reps will be expected to contribute to Faculty based project work and to attend Education Committee. 10. Should Faculty Reps not adequately fulfil the responsibilities of their role, an Officer Trustee can propose a vote of no confidence to Union Council. This may also affect whether they receive an honorarium. 11. Faculty Reps who receive a vote of no confidence by Union Council shall be invited to an Officer Disciplinary Committee, which will decide if the individual should be suspended or removed from office, in accordance with Bye Law 7 (Complaints and Disciplinaries). 12. Faculty Reps are also covered by Bye Law 7 for issues of misconduct or if they bring the Union into disrepute

16 BYE LAW 5 ELECTIONS AND REFERENDA Elections 1. The Union s main Elections shall take place via cross campus ballots before 31 st March each academic year for the following positions: 1.1 Full-time Officer Trustees 1.2 Part-time Officers 1.3 Faculty Representatives 1.4 Liberation Representatives 1.5 NUS Delegates 2. When an elected position remains vacant from the main Elections or becomes vacant, a Bye Election shall be called. The Trustees have discretion to leave a position vacant until the end of the academic year or until the Union s main Elections. 3. If a Part-time Officer or Representative position remains vacant after a Bye Election and a student expresses an interest in fulfilling the position, there will be a co-option election at the next Union Council meeting. The student will attend and state their reason for standing. The co-option must be agreed by a simple majority vote. Elections Committee 4. In line with Bye Law 3, Executive Committee shall establish an Elections Committee for each Election, which shall consist of a maximum of 5 current student members of Union Council. 5. No members of Elections Committee shall be eligible to stand as a candidate in the elections for which they are responsible. 6. No members of Elections Committee can be an active supporter of a candidate or a member of a candidate campaign team. 7. The members of the committee will appoint a Chair amongst themselves by a simple majority vote. The Chair will have a casting vote in decisions of the committee, in the event of a tie. 16

17 8. The Deputy Returning Officer (the DRO ) will be in attendance at each meeting of the Elections Committee and other Union staff may be invited as required. 9. If any member of Elections Committee has a potential conflict of interest, whether direct or indirect, in the Elections for which they are responsible, they must declare this at the earliest opportunity to the DRO and Chair of the committee. The committee may, by a simple majority vote, terminate such an individual s membership of the committee and the vacant position can be filled at the next meeting of Union Council. There shall be no right of appeal for such a decision. 10. Any Elections Committee business that falls between the end of the academic year and the nomination of the following Elections Committee shall be dealt with by the Executive Committee. 11. The main duties of Elections Committee are to: 11.1 agree the elections timetable and ensure this is advertised on the Union s website; 11.2 oversee publicity for the elections and ensure that all elections are advertised for a minimum of a week before nominations open; 11.3 ensure nomination packs are available via the Union s website; 11.4 ensure a list of candidates are published within 5 working days of the close of nominations; 11.5 produce further regulations (in addition to that contained within this Bye Law) for candidates pertaining to conduct, publicity, deadlines, and meetings and ensure guidance around these are communicated to candidates; 11.6 agree the voting procedures and ensure guidance around this is communicated to Members; 11.7 assist the DRO in policing the elections and investigating complaints. Deputy Returning Officer 12. The Deputy Returning Officer (the DRO ) shall be determined by the Board of Trustees. 13. The DRO manages the day-to-day administration and co-ordination of the elections, including: 13.1 nominees and candidates eligibility; 13.2 the implementation and enforcement of elections regulations; 13.3 investigating and ruling on complaints made before and after the close of voting. 14. The right of appeal over the DRO s decision is to the Returning Officer. Returning Officer 15. The Returning Officer (the RO ) is appointed by the Trustees and is responsible for ensuring that all Union elections are conducted in an open, fair and transparent way. 17

18 16. The RO shall be responsible for the good conduct and administration of the elections and shall have final interpretation of the Election Regulations and shall perform these duties impartially. 17. The RO can rule as inadmissible any statement or the contents of any publicity which in their view is in breach of the Articles of Association, Bye Laws, general law or policy of the Union. 18. Where requested to do so, the RO will investigate all complaints made against a decision of the DRO or Elections Committee, or regarding the administration and conduct of an election, in accordance with the Complaints section in this Bye Law. 19. The RO may delegate responsibilities to the DRO as they see fit. 20. The RO is responsible for reporting to the University s Board of Governors, within two days of the ballot closing, that he or she is satisfied with the conduct of the elections, so that the University can discharge its statutory responsibilities under the 1994 Education Act. Nominations 21. Candidates for all elected positions need to obtain nominations from 5 current Members of the Union, as described in Bye Law 1 point 2. It is the responsibility of the candidates to ensure their nominees are members of the Union. 22. The DRO will ascertain nominees eligibility from the University s student records system. 23. Candidates shall be permitted to obtain additional nominees to cover any potentially invalid nominees. 24. Current Officer Trustees shall be permitted to nominate candidates and vote in the Elections. 25. Any person aggrieved by a decision of the DRO that they are not eligible to vote or nominate in any Union election may apply in writing to the RO within 2 days of being informed of the decision for a review of the decision. If the appeal is successful, it will not be grounds for declaring the elections void. Candidate Eligibility 26. Only Members of the Union, as described in Bye Law 1 point 2 may stand as candidates. 27. Members may only stand for one of the advertised positions in the elections (except for NUS delegate positions. The NUS constitution will dictate eligibility for these positions). 18

19 28. Serving Officer Trustees may not stand for another Officer Trustee position in a Bye Election during the same period of office. 29. Serving Officer Trustees who wish to stand as a candidate in an election must pre book annual leave, time off in lieu or unpaid leave (if they have exhausted their annual leave), to conduct their election campaign. Such Officers are free to campaign outside their contracted hours. 30. Candidates will be required to prove their eligibility to remain in the UK for the duration of their term of office before the close of nominations. Candidates for Officer Trustee positions must prove their eligibility to work in the UK. The DRO is entitled to require further written evidence of their eligibility. 31. Candidates for Officer Trustee positions must produce written evidence from the University that they are able to take a leave of absence or that they have completed, or are due to complete, their studies. This must be done on or by the deadline for nominations. They must also at this time sign a Trustee Declaration Form. 32. Candidates for Officer Trustee positions who wish to carry on studying part-time must provide written evidence from the University that this is acceptable and notify the DRO before the close of nominations. 33. Candidates for Officer Trustee and other positions may be required to produce evidence that they are eligible to be enrolled as current students during their whole period of office. 34. Successful candidates with pre-booked holidays that fall after the expected start date of employment (including any handover period) must notify the DRO in writing of the relevant dates. Voting 35. A transferable voting system will normally be used in Union elections. 36. A fictional candidate, RON (Re-Open Nominations), will contest each post. If RON wins, the post will be re-opened in the next election. Counting elections 37. The count will be overseen by the DRO who will ensure that it takes place within 2 working days of the last day of voting. The same day, the result of each post shall be announced and published. 38. If a valid complaint is upheld (in line with the Complaints section below), the RO can suspend the count until reasonable investigations are completed. 19

20 Conduct 39. All candidates must sign to accept and abide by the Union s election rules and regulations. Any breach of the regulations or Bye Laws by a candidate may result in the DRO applying a penalty, as outlined below in point Candidates are held fully responsible and accountable for the behaviour or misconduct of their supporters and campaign team members and may receive a penalty as a result. The DRO shall determine who is a candidate s supporter or campaign team member. 41. If candidates are running in a slate they will be held fully accountable for the behaviour and misconduct of all members of that slate. 42. Candidates must always seek authorisation to display publicity materials across the University. Publicity must not breach Union policy and regulations. They and their campaign teams must not deface another candidate s publicity materials. Publicity materials include content posted on electronic/social media. 43. No candidate, supporter or member of a campaign team shall attempt to bribe, intimidate or harass another candidate, supporter, campaign team, staff member or voter, whether in person, in writing or through electronic/social media. Disciplinary action may be taken against any offenders under the Union s disciplinary procedures and penalties may be applied as per the section below. Penalties 44. Contravening election rules and regulations may result in the application of penalties. The DRO reserves the right to impose any reasonable penalty in light of the circumstances but, as a guide, candidates can: 44.1 receive an informal warning; 44.2 receive a formal written warning 44.3 be disqualified from the elections. 45. If a penalty is applied to a candidate who is in a slate, the same penalty will apply to all members of that slate. The DRO can apply incremental penalties to a whole slate as a result of the misconduct of different members of the slate i.e. the same members of the slate do not have to have committed the misconduct for the penalty being applied to be escalated. 46. All candidates are strongly advised to consult with the DRO if they are unsure of any of the rules. 47. An appeal against a penalty may be made in writing to the RO within 2 days of the decision. If the appeal is successful, it will not be grounds for declaring the elections void. 20

21 48. The RO may cancel an election on the recommendation of the DRO if they find that there has been a material irregularity or if there is other sufficient cause to question the fairness of the election. A timetable for a fresh election will then be determined. Complaints 49. Any Member may make a complaint to the Elections Committee on any matter relating to the elections by contacting the DRO. 50. Complaints about the conduct of candidates must be made in writing at the time of the event. Complaints about the conduct of candidates that are submitted without good reason after the announcement of results will not normally be accepted. 51. Appeals against the decision of the DRO regarding a complaint can be made in writing within 2 working days to the RO. Referenda 52. Referenda shall be called and conducted, as required, in accordance with Article The RO and DRO shall be appointed as with elections above and assume the same responsibilities. 54. The Elections Committee shall establish a timetable and shall promote the Referendum to Members. The period from receipt of a requisition for a Referendum to the announcement of the result shall be no longer than 14 weeks and shall take place in term time. 55. Only Members of the Union can vote in Referenda. 56. The count will be overseen by the DRO who will ensure that it takes place within 2 working days of the last day of voting. The same day, the result shall be announced and published. 57. Decisions made or Policy set by Referenda cannot be overturned by Union Council, but may be overturned by subsequent Referenda or by a general meeting of the Members or by an annual Members meeting. 58. In the event of the legitimacy of a Referendum being called into question, both sides shall present evidence to the RO, who shall have decision making authority. The decision of the RO is final. 21

22 BYE LAW 6 CLUBS AND SOCIETIES REGULATIONS Establishing a Club or Society 1. To establish a club or society, an application setting out the aims and objectives of the club or society must be made to the Union s Student Engagement team. The club or society will then need to be recognised at the next meeting of the Executive Committee. 2. If a club or society is not recognised by Executive Committee, for whatever reason, they can appeal in writing to Union Council. 3. The conditions by which a club or society is considered to be either established or establishing will be laid out in the Clubs and Societies Handbook. 4. An establishing or established club or society may, through its Committee: 4.1 Make an application to the Club and Society Support Fund; 4.2 Apply to book a Union room; 4.3 Apply to book a University room, provided that they follow the Union s room booking procedures; 4.4 Use the Union s telephone facilities and postal service; 4.5 Apply to make use of the Union s photocopying facilities. 5. No club or society can affiliate to any organisation whose aims and objects conflict with Union policy. All affiliations must be agreed by the Student Experience Vice President or their nominee. 6. All events run by clubs and societies must follow the University s Code of Practice on the Freedom of Speech and the Union s booking procedures. 7. All clubs and societies must complete mandatory club and society training that shall be held within the first 4 weeks of the academic year. New clubs and societies must complete the next arranged training session. If a club or society fails or refuses to do this, they will be de-recognised by the Executive Committee. They will have the right to appeal to Union Council. 8. Club and societies and their members are subject to Bye Law 7 Complaints and Disciplinary 22

23 Procedures. Membership and Annual Meetings 9. Any club or society inactive for a period of one academic year shall be automatically derecognised. 10. All Members, Associate Members and Honorary Life Members of the Union shall be eligible for membership of a club or society. 11. All clubs and societies shall hold an Annual General Meeting (AGM) each year, attended by a member of Union staff, at which the Committee shall be elected by and from the membership of that club or society. 12. The Committee for a club shall consist of at least a Captain, Vice-Captain and Treasurer and shall manage the affairs and business of the club. 13. The Committee for a society shall consist of at least a Chair, Secretary and Treasurer and shall manage the affairs and business of the society. 14. Only Members of the Union may run for Committee positions in a club or society or vote in club or society elections. 15. The quorum for a club or society AGM shall be 20% of the registered members. 16. Club or society members can remove committee members from office by a two thirds majority vote in a quorate meeting, attended by a member of Union staff. The meeting must be notified to all members of the club or society, in accordance with Bye Law 3 (Code of Conduct at Meetings). Committee members may appeal this decision to the Executive Committee and then to Union Council. Finance 17. No club or society shall be run for private profit of any of its members or Members of the Union. 18. Club or society Committee members must not receive payment for their services either directly or indirectly, by any source. 19. No club or society may hold its own bank account. All funds shall be held within the Union. 20. Any surpluses from club or society events or membership fees will be paid into the Union for use by that society. This must be paid into the Union within 2 working days of receipt by the club or 23

24 society. 21. Activities that fall outside the aims and objectives of the club or society may not be financed from Union funds. 22. No club or society may commit funds to any expenditure without following the Union s financial procedure, which will be clearly laid out in the Club and Societies Handbook. 23. Any equipment purchased on behalf of a club or society will remain the property of the Union and may be recalled in its entirety at any time. No personal equipment shall be purchased from Union funds. 24. Balances remaining at the end of the academic year shall be rolled forward to the following academic year, providing the club or society notifies the Student Engagement staff by the end of May. 25. No stationery shall be purchased from Union funds. Necessary stationery, however, within reason, will be supplied by the Union. No services that are already available through the Union offices shall be paid for from Union funds. 26. Applications to the Club and Society Support Fund shall be made to the Student Engagement team. Decisions on applications will be made by a panel consisting of the Student Experience Vice President or their nominee and two Union staff members. 27. All coach bookings must be made through the Union. 28. Clubs and societies may only seek sponsorship or external financial support through liaison with the Student Engagement Manager and Student Experience Vice President. Promotion 29. All club and society communications including leaflets, tickets, posters and publications shall carry the name of the club or society and the Union s logo. All such material must be approved by the Union s marketing team in advance. All clubs and societies must comply with the Union s regulations on advertising and putting up posters. 24

25 BYE LAW 7 COMPLAINTS AND DISCIPLINARY PROCEDURES Complaints 1. A complaint may be brought against the Union by a Member, as defined in Bye law 1 point 2. The person bringing the complaint will be called the complainant. 2. Any complaint about a member of Union staff shall be dealt with according to the Union s Staff and Officer Handbook. 3. Complaints against the Union brought by a member of Union staff or an Officer Trustee in connection with his or her employment or workplace matters shall be brought in accordance with the Grievance procedure as laid out in the Staff and Officer Handbook. Informal complaints 4. Complaints should be resolved informally and at the origin of the complaint wherever possible. A constructive approach by all parties will often result in an acceptable remedy or solution. For example, a personal response to the complaint by the appropriate Union manager may be sufficient. Formal complaints 5. If, having followed the informal route the complainant feels their concerns have not been properly addressed or where the complaint is particularly serious or confidential, then the formal procedure should be followed. 6. The Union will not accept anonymous complaints as anonymity precludes any independent investigation of the substance of any claims. Stage One 7. Complainants should utilise the Union s formal complaints procedure, which shall be made accessible to all members via the Union s website. The complaint should be sent, through this process, to the Union s Chief Executive Officer (CEO) who will acknowledge receipt within 5 25

26 working days. If the complaint is about the CEO, it should be sent to the President as Chair of the Trustee Board. 8. The CEO may delegate the initial investigation to another appropriate senior member of staff (or operational manager if it is a complaint about a Union operational practice or procedure). A complaint about an Officer Trustee or a Part-Time Officer should be referred in the first instance to the President. A complaint about the President should be referred in the first instance to the Board of Trustees. In line with the Staff and Officer Handbook, the Trustee Board shall appoint a Supervising Trustee to investigate the complaint. 9. The investigation will normally be completed and the complainant will normally receive a written substantive response within 20 workings days. This can sometimes take longer e.g. during vacation periods. The complainant may be asked to discuss the matter in person but will always receive a written response. 10. If after this stage the complaint still remains unresolved to their satisfaction, the complainant may decide to move on to Stage Two of the procedure. The complainant must notify the CEO (or, if the complaint was about the CEO, the President) in writing of their intent to do so within 5 days of the date of written notification of the outcome of Stage One. Stage Two Review by the Union 11. The President (or, if the complaint was about the President, the Supervising Trustee) will review the case and may request additional documentation to determine whether it is appropriate for the complaint to be considered by an appeals panel. If so, an appeals panel will be convened. 12. Each member of the appeals panel shall be independent and, where possible, shall not have had any substantive involvement in the matter under appeal or with the investigation carried out under Stage One and shall have no prior knowledge of the complaint. 13. The appeals panel shall consist of: 13.1 The President (or if the complaint is about the President, a Trustee) who shall act as Chair; An Officer Trustee or Part-time Officer; 13.3 An External Trustee 14. The panel will be supported by a senior member of Union staff, to advise and act as secretary. 26

27 15. The panel will investigate the complaint in its entirety. The complainant has the right to present their case in person or in writing to the panel. 16. At the end of its investigation, the panel will either uphold the complaint in whole or in part, make recommendation for any remedies to be applied or dismiss the complaint. The appeals body will normally take no more than 28 working days from the start of its investigation to reach its decision. The final decision shall be notified in writing to the complainant by the Chair of the panel. Stage 3 Review by the University 17. The Code of Practice between the Union and the University provides Union Members with the right to take their complaint to the University Registrar to be dealt with according to the procedures laid down in that Code. The Code of Practice and details of how the University will deal with such a complaint is published on the University s website. Disciplinary Procedure for Members 18. This procedure relates to Members, Associate Members, Honorary Life Members, Volunteers, Representatives, Clubs and Societies of the Union. 19. The Union s disciplinary procedures relate to behaviour on Union premises, and to any recognised Union activities which may take place outside of Union premises, but are operating under the auspices of the Union and capable of bringing the reputation of the Union into disrepute. 20. The Union can suspend a Member from using the Union s premises, services or facilities while investigations are being carried out. 21. Reports of alleged misconduct by a member, should normally be brought to the attention of one of the Officer Trustees but may also be reported to any senior manager of the Union. He or she will, in liaison with the Chief Executive Officer (CEO), institute a formal investigation into the matter, to be conducted by an impartial and appropriately qualified senior staff member. 22. If, following investigation, it appears further investigations are required, a Disciplinary Panel shall be convened. The Disciplinary Panel 23. The Disciplinary Panel shall be selected from the Executive Committee and shall consist of three of its members, one of whom shall be an Officer Trustee (who shall normally act as Chair). 27