CULSU Constitution and Regulations

79
Constitution and Regulations of City University London Students’ Union Approved 9 th September 2014

description

This is CULSU's democratic regulations, which specify how CULSU operates as a membership organisation.

Transcript of CULSU Constitution and Regulations

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Constitution and Regulations

of

City University London Students’

Union

Approved 9th September 2014

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Constitution and Regulations of City University London Students’ Union

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Constitution

of

City University Students’ Union

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Table of Contents and Comments

Name, Objects and Powers Page 6

This section describes the organisation, its purpose, the activities it can engage in and the boundaries

of its work. It describes what happens if the organisation was to be dissolved and how the

constitution can be amended.

Membership Page 13

This section describes who the members of the students’ union are

Referenda Page 14

This section describes how referendum may be called

General Meetings Page 15

This section described how general meetings are called and what business will take place within

them.

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Trustees Page 18

This section describes who the trustees are, how they are appointed, how they can be removed and

their powers.

The Executive Committee Page 25

This section describes who the Executive Committee are, how they are appointed, how they can be

removed and their powers.

Proceedings of the Trustees Page 27

This section lays out how trustee meetings will be called and run and how trustees can make

decisions.

Union Council Page 31

This section deals with the powers and responsibilities of Union Council.

General Page 32

This section deals with miscellaneous questions and a table of definitions and interpretations.

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BACKGROUND

A. City University Students’ Union known as City University London Students’ Union (the

“Union”) is a students’ union within the meaning of the Education Act 1994. The Union is

devoted to the educational interests and welfare of its Members.

B. The Union will seek at all times to:

ensure that the diversity of its membership is recognised and that equal access is

available to all Members of whatever origin or orientation;

pursue its aims and objectives independent of any political party or religious group;

and

pursue equal opportunities by taking positive action within the law to facilitate

participation of groups discriminated against by society.

C. This Constitution has been structured to give the Board of Trustees reasonable authority to

manage the affairs of the Union in a professional manner. The Members enjoy the right,

which must be exercised in accordance with charity law, to elect a proportion of the

Trustees and to dismiss all of the Trustees. The Board of Trustees will give the utmost

consideration to the views of Members.

D. Under the Education Act 1994, City University has a statutory duty to ensure that the Union

operates in a fair and democratic manner and is held to proper account for its finances. The

Union therefore works alongside City University in ensuring that the affairs of the Union are

properly conducted and that the educational and welfare needs of the Union’s Members are

met. City University provides the core funding for the Union and establishes a Financial

Memorandum, which must be adhered to by the Union in return for this funding. The

Financial Memorandum restricts the exercise of some of the powers given to the Union

under this Constitution.

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Name, Objects and Powers

Definitions and Interpretation

1. The meanings of any defined terms used in this Constitution are set out in Clause 105. If

any dispute arises in relation to the interpretation of this Constitution or any of the

Regulations, it shall be resolved by the President, who will report to the Trustee Board any

actions taken. The Board has authority to over-ride a decision by the President on this

matter.

Name

2. There shall be a students’ union in the name of City University Students’ Union (and in this

Constitution it is called “the Union”).

Objects

3. The Union’s objects are the advancement of education of Students at City University for the

public benefit by:

3.1 promoting the interests and welfare of Students at City University during their course of

study and representing, supporting and advising Students;

3.2 being the recognised representative channel between Students and City University and any

other external bodies; and

3.3 providing social, cultural, sporting and recreational activities and forums for discussions and

debate for the personal development of its Students.

Powers

4. To further its objects, but not to further any other purpose, the Union may:

4.1 provide services and facilities for Members;

4.2 establish, support, promote and operate a network of student activities for Members;

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4.3 support any RAG or similar fundraising activities carried out by its Members for charitable

causes, including the provision of administrative support, banking facilities and acting as a

holding trustee of any funds raised;

4.4 alone or with other organisations:

4.4.1 carry out campaigning activities;

4.4.2 seek to influence public opinion; and

4.4.3 make representations to and seek to influence governmental and other bodies

and institutions

regarding the reform, development and implementation of appropriate policies, legislation

and regulations provided that all such activities shall be confined to the activities which an

English and Welsh charity may properly undertake and provided that the Union complies

with the Education Act and any guidance published by the Charity Commission;

4.5 write, make, commission, print, publish or distribute materials or information or assist in

these activities;

4.6 promote, initiate, develop or carry out education and training and arrange, provide or

assist with exhibitions, lectures, meetings, seminars, displays or classes;

4.7 promote, encourage, carry out or commission research, surveys, studies or other work

and publish the useful results;

4.8 provide or appoint others to provide advice, guidance, representation and advocacy;

4.9 co-operate with other charities and bodies and exchange information and advice with

them;

4.10 become a member, affiliate or associate of other charities and bodies;

4.11 with the University’s permission support, set up or amalgamate with other charities with

objects identical or similar to the Union’s objects, and act as or appoint trustees, agents,

nominees or delegates to control and manage such charities;

4.12 with the University’s permission purchase or acquire all or any of the property, assets,

liabilities and engagements of any charity with objects similar to the Union’s objects;

4.13 with the University’s permission incorporate and transfer all its assets to a charitable

limited liability legal entity, and dissolve at any time following such incorporation and

transfer if the Trustees consider it appropriate to do so;

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4.14 raise funds and invite and receive contributions from any person provided that the Union

shall not carry out any taxable trading activities in raising funds;

4.15 with the University’s permission borrow and raise money on such terms and security as

the Union may think suitable (but only in accordance with the restrictions imposed by the

Charities Act 1993);

4.16 with the University’s permission purchase, lease, hire or receive property of any kind

including land, buildings and equipment and maintain and equip it for use;

4.17 with the University’s permission sell, manage, lease, mortgage, exchange, dispose of or deal

with all or any of its property (but only in accordance with the restrictions imposed by the

Charities Act 1993);

4.18 with the University’s permission make grants or loans of money and give guarantees;

4.19 set aside funds for special purposes or as reserves against future expenditure;

4.20 with the University’s permission invest and deal with the Union’s money not immediately

required for its objects in or upon any investments, securities, or property;

4.21 with the University’s permission delegate the management of investments to an

appropriately experienced and qualified financial expert provided that:

4.21.1 the investment policy is set down in writing for the financial expert by the

Trustees;

4.21.2 every transaction is reported promptly to the Trustees;

4.21.3 the performance of the investment is reviewed regularly by the Trustees;

4.21.4 the Trustees are entitled to cancel the delegation at any time;

4.21.5 the investment policy and the delegation arrangements are reviewed at least

once a year;

4.21.6 all payments due to the financial expert are on a scale or at a level which is

agreed in advance and are notified promptly to the Trustees on receipt; and

4.21.7 the financial expert may not do anything outside the powers of the Trustees;

4.22 with the University’s permission arrange for investments or other property of the Union

to be held in the name of a nominee (being a company or a limited liability partnership

registered or having an established place of business in England and Wales) under the

control of the Trustees or a financial expert acting under their instructions and to pay any

reasonable fee required;

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4.23 with the University’s permission lend money and give credit to, take security for such loans

or credit and guarantee or give security for the performance of contracts by any person or

company;

4.24 with the University’s permission open and operate banking accounts and other facilities for

banking and draw, accept, endorse, negotiate, discount, issue or execute negotiable

instruments such as promissory notes or bills of exchange;

4.25 trade in the course of carrying out any of its objects;

4.26 with the University’s permission establish or acquire subsidiary companies to carry on any

taxable trade;

4.27 subject to Clause 5 (Limitation on private benefits), employ and pay employees and

professionals or other advisors;

4.28 with the University’s permission grant pensions and retirement benefits to employees of

the Union and to their dependants and subscribe to funds or schemes for providing

pensions and retirement benefits for employees of the Union and their dependants;

4.29 pay out of the funds of the Union the cost of any premium in respect of any indemnity

insurance to cover the liability of the Trustees (or any of them) which by virtue of any rule

of law would otherwise attach to them in respect of any negligence, default, breach of trust

or breach of duty of which they may be guilty in relation to the Union provided that no

such insurance shall extend to:

4.29.1 any claim arising from any liability incurred by the Trustees to pay a fine imposed

in criminal proceedings or a sum payable to a regulatory authority by way of a

penalty in respect of non-compliance with any requirement of a regulatory

nature (however arising);

4.29.2 any liability incurred by the Trustees in defending any criminal proceedings in

which the Trustees are convicted of an offence arising out of any fraud or

dishonesty, or wilful or reckless misconduct; or

4.29.3 any liability incurred by the Trustees to the Union that arises out of any conduct

which the Trustees knew (or must reasonably be assumed to have known) was

not in the interests of the Union or in the case of which they did not care

whether it was in the best interests of the Union or not; and

4.30 do all such other lawful things as shall further the Union’s objects.

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5. Limitation on private benefits

5.1 The income and property of the Union shall be applied solely towards the promotion of its

objects.

5.2 Except as provided below no part of the income and property of the Union may be paid or

transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit

to any Member of the Union. This shall not prevent any payment in good faith by the

Union of:

5.2.1 any payments made to any Member in their capacity as a beneficiary of the

Union;

5.2.2 reasonable and proper remuneration to any Member for any goods or services

supplied to the Union provided that if such Member is a Trustee Clause 5.3 shall

apply;

5.2.3 interest on money lent by any Member to the Union at a reasonable and proper

rate; and

5.2.4 any reasonable and proper rent for premises let by any Member to the Union.

5.3 Except as provided below no Trustee may sell goods, services or any interest in land to the

Union; be employed by, or receive any remuneration from, the Union; or receive any

other financial benefit from the Union. This shall not prevent any payment in good faith by

the Union of:

5.3.1 any payments made to any Trustee or Connected Person in their capacity as a

beneficiary of the Union;

5.3.2 reasonable and proper out of pocket expenses of the Trustees;

5.3.3 reasonable and proper remuneration to any Officer Trustee or Connected

Person for any goods or services supplied to the Union on the instructions of

the Trustees provided that:

(a) for the avoidance of doubt, the authorisation under this provision shall

extend to the remuneration of Officer Trustees and Connected Persons

under contracts of employment with the Union;

(b) subject to Clause 5.3.3(a), the authorisation under this provision shall not

extend to the service of acting as Trustee;

(c) if the person being remunerated is a Trustee the procedure described in

Clause 89 (Conflicts of Interest) must be followed in considering the

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appointment of the Trustee and in relation to any other decisions regarding

the remuneration authorised by this provision;

(d) if the person being remunerated is a Connected Person the procedure

described in Clause 89 (Conflicts of Interest) must be followed by the

relevant Trustee in relation to any decisions regarding such Connected

Person;

(e) subject to Clause 5.4, this provision may not apply to more than half of the

Trustees in any financial year (and for these purposes such provision shall be

treated as applying to a Trustee if it applies to a person who is a Connected

Person in relation to that Trustee); and

(f) at all times the provisions of the Education Act are complied with;

5.3.4 interest on money lent by any Trustee or Connected Person to the Union at a

reasonable and proper rate;

5.3.5 any reasonable and proper rent for premises let by any Trustee or Connected

Person to the Union;

5.3.6 reasonable and proper premiums in respect of indemnity insurance effected in

accordance with Clause 4.29;

5.3.7 any payments made to any Trustee or officer under the indemnity provisions set

out at Clause 103; and

5.3.8 any payments authorised in writing by the Charity Commission.

5.4 In Clauses 5.2 and 5.3, references to the Union shall be read as references to the Union

and/or any Subsidiary Company.

5.5 For any transaction authorised by Clause 5.3 or 5.4, the Trustee’s duty (arising under the

Companies Act 2006) to avoid a conflict of interest with the Union shall be disapplied

provided the relevant provisions of Clause 5.3 or 5.4 have been complied with.

5.6 Where a vacancy arises on the Board of Trustees with the result that Clause 5.3.3 applies

to more than half of the Trustees, the Union may continue to pay remuneration to its

Officer Trustees and any Connected Persons receiving remuneration in accordance with

Clause 5.3.3 provided that the Union uses all reasonable endeavours to fill the vacancy as

soon as possible.

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Dissolution

6. If any property remains after the Union has been wound up or dissolved and all debts and

liabilities have been satisfied, it shall not be paid to or distributed among the Members of the

Union. It shall instead be given or transferred to some other charitable institution or

institutions having similar objects to those of the Union and which prohibits the distribution

of its or their income and property among its or their members to an extent at least as

great as this Constitution imposes upon the Union. The institution or institutions which are

to benefit shall be chosen by City University and Trustees of the Union at or before the

time of winding up or dissolution.

Amendments to the Constitution

7. The Trustees and City University shall review this Constitution every five years, with effect

from the date that this Constitution comes into effect.

8. No amendment of this Constitution shall be made which would have the effect of the Union

ceasing to be a charity.

9. Clause 3 (Objects) and Clause 5 (Limitation on private benefits) may not be amended

without the prior written consent of the Charity Commission.

10. Save where the amendment to the Constitution is a consequential amendment due to a

change in the Regulations (for example, the number or heading names of Clauses), the

Constitution may be amended by:

10.1 a resolution of the Members passed at a general meeting by at least 66% of those present

and voting; or

10.2 a resolution passed by a 66% majority of the Members voting in a Referendum provided

that at least 1% of Members cast a vote in the Referendum

provided City University approves the amendments (as required for the purposes of

compliance with Section 22 of the Education Act).

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Membership

Members

11. The Members of the Union shall be as follows:

11.1 each and every Student who has not opted out by notifying City University of his or her

wish not to be a Member of the Union; and

11.2 the Officer Trustees of the Union.

12. Membership shall not be transferable and shall cease on death. A Member shall

automatically cease to be a Member of the Union if:

12.1 he or she ceases to be a Student;

12.2 he or she ceases to be an Officer Trustee;

12.3 he or she opts out of membership by giving written notice to the Union in accordance

with the Regulations; or

12.4 in the case of Members other than the Officer Trustees, a resolution is passed at a meeting

of the Trustees at which at least half of the Trustees are present resolving that the

Member be expelled on the ground that his or her continued membership is harmful to or

is likely to become harmful to the interests of the Union. Such a resolution shall not be

passed unless the Member has been given at least 14 clear days’ notice that the resolution

is to be proposed, specifying the circumstances alleged to justify expulsion, and has been

afforded a reasonable opportunity of being heard by or of making written representations

to the Trustees.

13. Members’ details shall be entered in a register of Members.

14. Members of the Union shall be entitled to the benefits set out in the Code of Practice.

Associate Members

15. The Trustees may elect to and remove from associate membership of the Union such

persons as they consider to be fit. The Trustees shall determine the form of application for

associate membership, and associate membership shall be subject to such rights and

obligations as the Trustees consider appropriate.

16. Associate members shall not be Members for the purposes of this Constitution and shall not

be entitled to vote on any matter.

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Referenda

17. A Referendum may be called on any issue by:

17.1 a resolution of the Trustees;

17.2 a 66% majority vote of the Union Council.

18. Subject to Clause 10.2, a resolution may only be passed by Referendum if at least 1% of

Members cast a vote in the Referendum and 66% of the votes cast are in favour of the

resolution.

19. Referenda shall be conducted in accordance with this Constitution and the Regulations.

20. Subject to Clause 61, the Members may set Policy by Referenda. Policy set by Referenda

may overturn Policy set either by the Members in general meeting or by the Executive

Committee.

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General Meetings

Annual General Meeting

21. The Union shall hold an annual general meeting once in each calendar year. Not more than

18 months shall pass between the date of one annual general meeting and the next. The

annual general meeting shall be held at such time and place as the Trustees shall think

suitable to allow the maximum number of Members to attend.

Other General Meetings

22 The Trustees may call a general meeting at any time and will do so if the Union Council vote

by a 66% majority vote in favour of a general meeting being held.

Location of Meetings

23. Annual and general meetings may be carried out at one single venue or simultaneously at a

maximum of three separate venues with a video, audio or other real-time link between all of

the venues. At the start of such meetings, each venue must indicate by majority vote that

they are satisfied with the meeting set-up and technology.

Length of Notice

24. A general meeting shall be called by at least fourteen clear days’ written notice.

Contents of Notice

25. Every notice calling a general meeting shall specify the place, day and time of the meeting and

the general nature of the business to be transacted. If the meeting is an annual general

meeting, the notice must say so and the business to be transacted shall include:

25.1 ratification of minutes of previous AGM;

25.2 receiving the report of the Trustees on the Union’s activities since the previous AGM;

25.3 receiving the accounts of the Union for the previous financial year;

25.4 appointment of the auditors;

25.5 approving the list of affiliations of the Union; and

25.6 open questions to the Trustees by the Members.

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Service of Notice

26. Notice of general meetings shall be given to every Member and to the Trustees and any

patron of the Union.

Quorum

27. No business shall be transacted at any general meeting unless a quorum is present. 30

persons entitled to vote upon the business to be transacted, each being a Member (but

excluding Trustees), shall be a quorum.

28. If such a quorum is not present within half an hour from the time appointed for the meeting,

the meeting shall stand adjourned to the same day in the next week at the same time and

place or to such other day, time and place as the Trustees may determine and if at the

adjourned meeting a quorum is not present within half an hour from the time appointed for

the meeting the Members present shall be a quorum.

Chair

29. The Chair of Union Council or in his or her absence the Deputy Chair shall preside as Chair

of the meeting. In the absence of the Chair of Union Council and the Deputy Chair, the

Members present and entitled to vote shall choose one of their number to be Chair.

Attendance

30. A Trustee may, even if not a Member, attend and speak at any general meeting.

Adjournment

31. The Chair may, with the consent of a meeting at which a quorum is present (and shall if so

directed by the meeting), adjourn the meeting from time to time and from place to place,

but no business shall be transacted at an adjourned meeting other than business which might

properly have been transacted at the meeting had the adjournment not taken place. When a

meeting is adjourned for fourteen days or more, at least seven clear days’ notice shall be

given specifying the time and place of the adjourned meeting and the general nature of the

business to be transacted. Otherwise it shall not be necessary to give any such notice.

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Votes of Members at General Meetings

32. Every Member has the right to attend general meetings and the right to vote. A resolution

put to the vote of a general meeting shall be decided on a show of hands, and every Member

shall have one vote.

33. Every resolution put to the vote of a general meeting shall be decided by a simple majority

of the votes cast unless this Constitution provides otherwise.

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Trustees

Appointment of Trustees

34. The Trustees shall be made up of the following persons:

34.1 not more than three Officer Trustees, elected in accordance with Clause 35;

34.2 not more than two Student Trustees, appointed in accordance with Clause 40;

34.3 not more than two Alumni Trustees, appointed in accordance with Clause 44; and

34.4 not more than three External Trustees, appointed in accordance with Clause 47.

Officer Trustees

35. Up to three Officer Trustees shall be elected by secret ballot by the Members of the Union

at an election to be held in accordance with the Regulations. The Officer Trustees shall be

elected to posts set out in the Regulations.

36. The Officer Trustees shall remain in office for a term of one year commencing in accordance

with the Regulations. The term of office may be shorter or longer on a transitional basis to

coincide with an alteration of the year start or end. Subject to a transitional change in the

year of office, an Officer Trustee may be re-elected for a maximum further term of one year

by the Members of the Union at an election to be held in accordance with the Regulations.

For the avoidance of doubt, an Officer Trustee’s terms of office may be either consecutive

or non-consecutive.

37. Each Officer Trustee must be a Student or an Officer Trustee at the time of his or her

election. An Officer Trustee shall become a Member of the Union on commencement of his

or her appointment or re-appointment as an Officer Trustee. Such membership shall cease

when the Officer Trustee ceases to be an Officer Trustee.

38. The Officer Trustees shall be deemed to be “major union office holders” for the purposes of

Section 22 of the Education Act.

39. At the same time as commencing the term of office as a Trustee, the Officer Trustee will

enter into a contract of employment with the Union for a term to be determined by this

Constitution. The duties and method of remuneration of each Officer Trustee shall be as set

out in the Regulations.

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Student Trustees

40. Subject to Clause 4Error! Reference source not found. below, up to two Student

Trustees shall be appointed by a simple majority vote of the Appointments Committee.

41. Each Student Trustee must be a Student at the time of his or her appointment and shall

continue to be a Student for the duration of his or her term as a Student Trustee.

42. Student Trustees shall remain in office for a term of one year in accordance with the

Regulations. The term of office may be shorter or longer on a transitional basis to coincide

with the alteration of the year start or end.

43. A Student Trustee may serve a maximum of two consecutive terms.

Alumni Trustees

44. Up to two Alumni Trustees shall be appointed by a simple majority vote of the

Appointments Committee

45. Unless their appointment is terminated in accordance with Clauses 50 to 53, Alumni

Trustees shall remain in office for a term of up to three years commencing in accordance

with the Regulations.

46. Alumni Trustees may serve for a maximum of two terms which may be either consecutive

or non-consecutive.

External Trustees

47. Up to three External Trustees shall be appointed by a simple majority vote of the

Appointments Committee

48. Unless their appointment is terminated in accordance with Clauses 50 to 53, External

Trustees shall remain in office for a term of up to four years commencing in accordance with

the Regulations.

49. External Trustees may serve a maximum of three terms which may either be consecutive or

non-consecutive.

Disqualification, Resignation and Removal of Trustees

50. The office of a Trustee shall be vacated if:

50.1 he or she becomes prohibited by law from being a charity trustee;

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50.2 in the case of an Officer Trustee, he or she ceases to be an employee of the Union;

50.3 in the case of a Student Trustee, he or she ceases to be a Student;

50.4 he or she resigns by notice to the Union (but only if at least four Trustees will remain in

office when the notice of resignation is to take effect);

50.5 the Trustees reasonably believe he or she is suffering from mental or physical disorder and

is incapable of acting as a trustee and they resolve that he or she be removed from office;

50.6 he or she fails to attend three consecutive meetings of the Trustees and in the opinion of

the Trustees there are no mitigating circumstances for that failure and the Trustees

therefore resolve that he or she be removed for this reason; or

50.7 he or she is removed from office under Clauses 51 to 53.

Removal of Trustees by the Board

51. The office of a Trustee shall be vacated if a 66% majority resolution of no confidence is

passed by the Trustees. For the avoidance of doubt, the Trustee concerned and any

Trustee who has a conflict of interest in relation to the matter shall not vote on this

resolution and the quorum shall be adjusted accordingly in accordance with Clause 82. The

Board will only decide whether to make this decision in respect of an Officer or Student

Trustee if the Union Council has requested the Trustees to do so by a 66% majority vote in

accordance with the Regulations.

Rights of Removed Trustee

52. A resolution to remove a Trustee in accordance with Clause 51 shall not be passed unless

the Trustee concerned has been given at least 14 clear days’ notice in writing that the

resolution is to be proposed, specifying the circumstances alleged to justify removal from

office, and has been afforded a reasonable opportunity of being heard by or making written

representations to the Trustees.

53. A Trustee removed from office in accordance with Clause 51 shall be entitled to appeal the

decision to remove him or her to an Appeals Panel within 14 days of the resolution. The

Appeals Panel shall be made up of a nominee of City University, one independent person and

a chief executive/general manager and officer of another students’ union. The independent

person shall be a Member who is not a Trustee or a member of the Union Council. The

selection of the members of the Appeals Panel and its procedures shall be set out in the

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Regulations. The Union may consult with NUS in relation to the appeals process and in

particular the appointment of independent persons to the Appeals Panel.

Replacement of Trustees

54. If an Officer Trustee resigns, is disqualified or removed from office at any time prior to the

commencement of the Academic Year, the vacancy that results on the board of Trustees

shall be filled in accordance with the Regulations.

55. If an Officer Trustee resigns, is disqualified or removed from office after the commencement

of the Academic Year the vacancy that results on the Board of Trustees shall be filled in

accordance with the Regulations.

56. If a Student Trustee resigns, is disqualified or removed from office, a Student Trustee may be

recruited to the vacancy in accordance with Clause 40.

57. If an Alumni Trustee or an External Trustee resigns, is disqualified or removed from office,

an Alumni Trustee or an External Trustee (as appropriate) shall be appointed to the vacancy

in accordance with Clause 44 or 47 respectively.

Powers of the Trustees

58. The Board of Trustees shall be responsible for the management and administration of the

Union and (subject to the Education Act, this Constitution and the Regulations) may

exercise all the powers of the Union. A meeting of the Trustees at which a quorum is

present may exercise all powers exercisable by the Trustees.

59. No alteration of this Constitution or the Regulations shall invalidate any prior act of the

Trustees which would have been valid if that alteration had not been made.

60. The Board’s powers under Clause 58 shall include but not be limited to responsibility for:

60.1 the governance of the Union;

60.2 the budget of the Union; and

60.3 the strategy of the Union.

61. The Board of Trustees may override any decision and Policy made by the Members in

general meeting or Referendum or by the Union Council which the Trustees consider (in

their absolute discretion):

61.1 has or may have financial implications for the Union;

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61.2 is or may be in breach of, contrary to or otherwise inconsistent with charity or education

law or any other legal requirements (including ultra vires);

61.3 is not or may not be in the best interests of the Union or all or any of its charitable

objects; or

61.4 will or may otherwise affect the discharge of any or all of the responsibilities referred to in

Clause 60.

62. The continuing Trustees or a sole continuing Trustee may act notwithstanding any vacancies

in their number. However, if and so long as the number of Trustees is less than the number

fixed as the quorum in Clause 82, the Trustees may only act to increase the number of

Trustees (including by arranging an election) so that there is a quorum.

63. All acts done by a meeting of Trustees, or of a committee of the Trustees, shall be valid,

even if it is later discovered that any Trustee who participated in the vote:

63.1 was not properly appointed;

63.2 was disqualified from holding office;

63.3 had vacated office; or

63.4 was not entitled to vote.

Delegation of Trustees’ powers

64. The Trustees may, by power of attorney or otherwise, appoint any person to be the agent

of the Union for such purposes and on such conditions as they determine.

65. The Trustees may delegate any of their powers or functions to any committee or the

implementation of any of their resolutions and day-to-day management of the affairs of the

Union to any person or committee in accordance with the conditions set out in this

Constitution.

Delegation to committees

66. In the case of delegation to committees:

66.1 the resolution making that delegation shall specify those who shall serve or be asked to

serve on such committee (though the resolution may allow the committee to make co-

options up to a specified number);

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66.2 subject to Clause 69, the composition of any such committee shall be entirely in the

discretion of the Trustees and may comprise such of their number (if any) as the resolution

may specify;

66.3 the deliberations of any such committee shall be reported regularly to the Trustees and

any resolution passed or decision taken by any such committee shall be reported forthwith

to the Trustees and for that purpose every committee shall appoint a secretary;

66.4 all delegations under this Clause shall be revocable at any time; and

66.5 the Trustees may make such regulations and impose such terms and conditions and give

such mandates to any such committee or committees as they may from time to time think

fit.

67. The Trustees shall establish the following committees (which is a non-exhaustive list) in

accordance with their powers under Clauses 65 and 66:

67.1 Executive Committee (as further described in Clause 71);

67.2 Appointments Committee; and

67.3 Union Council

Delegation of day-to-day management powers to General Manager

68. In the case of delegation of the day-to-day management of the Union to the General

Manager

68.1 the delegated power shall be to manage the Union by implementing the policy and strategy

adopted by and within a budget approved by the Trustees and if applicable to advise the

Trustees in relation to such policy, strategy and budget;

68.2 the Trustees shall provide the General Manager with a description of his or her role and

the extent of his or her authority;

68.3 the General Manager shall report regularly to the Trustees on the activities undertaken in

managing the Union and provide them regularly with management accounts sufficient to

explain the financial position of the Union; and

68.4 the Trustees shall provide the General Manager with a performance management structure

to aid his or her work plan and development.

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Bank Account

69. For the avoidance of doubt, the Trustees may (in accordance with Clauses 65 and 66)

delegate all financial matters to any committee provided that such committee shall include at

least one Trustee. The Trustees may empower such committee to resolve upon the

operation of any bank account according to such mandate as it shall think fit provided that

the signature of at least one Trustee shall be required for cheques above a certain amount as

set out in the Regulations and provided always that no committee shall incur expenditure on

behalf of the Union except in accordance with a budget which has been approved by the

Trustees.

Proceedings of Committees

70. The meetings and proceedings of any committee shall be governed by the provisions of this

Constitution regulating the meetings and proceedings of the Trustees so far as the same are

applicable and are not superseded by any Regulations made by the Trustees.

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The Executive Committee

71. Unless the Trustees determine otherwise, the Executive Committee shall include:

71.1 the Officer Trustees; and

71.2 the Part-Time Officers.

72. The Executive Committee shall meet in accordance with the Regulations. The Executive

Committee’s responsibility shall not include the duties of the Trustees as set out in Clause

58 but shall include representation and campaigning work and the implementation of Policy

save in so far as these responsibilities have not been delegated to another committee.

73. The General Manager and the Union’s staff may attend meetings of the Executive

Committee at the request of the Executive Committee.

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Regulations

74. The Trustees shall have the power from time to time to jointly make, repeal or amend

Regulations as to the management of the Union and its working practices provided that such

Regulations shall not be inconsistent with this Constitution.

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Proceedings of Trustees

75. Subject to the provisions of this Constitution and the Regulations, the Trustees may regulate

their proceedings as they think fit.

Trustees’ meetings

76. The Trustees shall hold a minimum of three meetings in any Academic Year.

77. Two Trustees may, and the General Manager at the request of two Trustees shall, call a

meeting of the Trustees.

78. Guests or observers can attend meetings of the Trustees at the discretion of the Chair.

Length of notice

79. A Trustees’ meeting shall be called by at least seven clear days’ notice unless either:

79.1 all the Trustees agree to shorter notice; or

79.2 urgent circumstances require shorter notice.

Contents of notice

80. Every notice calling a Trustees’ meeting shall specify the place, day and time of the meeting

and the general particulars of all business to be considered at such meeting.

Service of notice

81. Notice of Trustees’ meetings shall be sent to each Trustee by post or by electronic

communication.

Quorum

82. The quorum for Trustees’ meetings shall be four and such quorum must include at least one

Officer Trustee. Where the resolution or issue under discussion concerns a matter in

respect of which some or all of the Trustees have a conflict of interest, the quorum shall be

four.

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Chair and Deputy Chair

83. The President shall normally be the Chair of the Trustees.

84. The Trustees shall appoint an Alumni Trustee or an External Trustee to be Deputy Chair of

the Trustees and may at any time remove him or her from office. The role of the Deputy

Chair will be to support the Chair.

85. In the absence of the Chair and the Deputy Chair, another Trustee appointed by the

Trustees present shall preside as Chair of the meeting.

Decision making by Trustees at meetings

86. Questions arising at a meeting shall be decided by a majority of votes. In the case of an

equality of votes, the Chair shall be entitled to a casting vote in addition to any other vote

he or she may have.

Virtual meetings

87. A Trustees’ meeting may be held by telephone or by televisual or other electronic or virtual

means agreed by resolution of the Trustees in which all participants may communicate

simultaneously with all other participants.

Trustee decisions without a meeting

88. The Trustees may, in the circumstances outlined in this Clause, make a 66% majority

decision without holding a Trustees’ meeting.

88.1 If:

88.1.1 a Trustee has become aware of a matter on which the Trustees need to take a

decision;

88.1.2 that Trustee has taken all reasonable steps to make all the other Trustees aware

of the matter and the decision;

88.1.3 the Trustees have had a reasonable opportunity to communicate their views on

the matter and the decision to each other; and

88.1.4 a 66% majority of the Trustees vote in favour of a particular decision on that

matter

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a decision of the Trustees may be taken by majority and shall be as valid and effectual as if it

had been taken at a Trustees’ meeting duly convened and held.

88.2 Trustees participating in the taking of a majority decision otherwise than at a Trustees’

meeting in accordance with this Clause:

88.2.1 may be in different places, and may participate at different times; and

88.2.2 may communicate with each other by any means.

88.3 No decision shall be taken by the Trustees in accordance with this Clause unless a quorum

participates in the decision-making process. The quorum for Trustees’ decision-making in

accordance with this Clause shall be the same as the quorum for Trustees’ meetings as set

out in Clause 82.

88.4 The Chair or such other Trustee as shall be appointed by the Trustees shall be the Chair

of the process of decision-making in accordance with this Clause. The process shall

include:

88.4.1 circulation of the proposed decision with an indication of the time period for

discussion and the date by which Trustees are asked to cast their votes;

88.4.2 the nomination of a person to whom all Trustees’ votes must be

communicated;

88.4.3 if a 66% majority of the Trustees votes in favour of the decision, the nominated

person shall communicate the decision to all the Trustees and the date of the

decision shall be the date of the communication from the nominated person

confirming formal approval; and

88.4.4 the nominated person must prepare a minute of the decision in accordance

with Clause 95.

88.5 In the case of an equality of votes in any decision-making process in accordance with this

Clause, the Chair shall be entitled to a casting vote in addition to any other vote he or she

may have. but this does not apply if, in accordance with the Regulations, the chair or

specified Trustee is not to be counted as participating in the decision-making process for

quorum, voting or agreement purposes.

88.6 A meeting under Clause 88 may not be used to pass a resolution to dismiss a Trustee.

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Conflicts of Interest

89. Whenever a matter is to be discussed at a meeting or decided in accordance with Clause 88

and a Trustee has a Personal Interest in respect of that matter then he or she must:

89.1 declare his or her interest to the Trustees;

89.2 remain only for such part of the meeting as in the view of the other Trustees is necessary

to inform the debate;

89.3 not be counted in the quorum for that part of the meeting or decision-making process; and

89.4 withdraw during the vote and have no vote on the matter.

90. If any question arises as to whether a Trustee has a Personal Interest, the question shall be

decided by a majority decision of the other Trustees.

91. In particular, Clause 89 shall apply to any matter that may directly or indirectly relate to the

position of an Officer Trustee who is or is to be remunerated as an employee by the Union.

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Union Council

92. The Union Council shall have the authority to:

92.1 represent the voice of the Students on policy;

92.2 subject to Clause 61, refer Policy to Referenda of the Members (in accordance with the

Regulations);

92.3 receive a termly report from the Trustees and Executive Committee

93. The composition and proceedings of the Union Council shall be set out in the Regulations.

No Member may hold more than one seat on the Union Council at any one time.

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General

Irregularities

94. The proceedings at any meeting or the passing of a written resolution or the making of any

decision shall not be invalidated by reason of any accidental informality or irregularity

(including any accidental omission to give or any non-receipt of notice) or by reason of any

business being considered which is not specified in the notice.

Minutes

95. The Trustees shall keep minutes of:

95.1 all proceedings at general meetings of the Union and of meetings of the Trustees, and of

committees of Trustees, including the names of the Trustees present at each such meeting;

and

95.2 all resolutions of the Members and of the Trustees

and any such minute, if purported to be signed by the Chair of the meeting at which the

proceedings were had, or by the Chair of the next succeeding meeting, shall, as against any

Member or Trustee of the Union, be sufficient evidence of the proceedings or the

resolution.

96. The minutes of the meetings referred to in Clause 95 above shall normally be considered

open and shall be available to the Members on the Union’s website, except where those

minutes relate to any reserved or confidential matters, including without limitation staff-

related or disciplinary matters. Copies of the minutes shall also be kept in the Union’s

offices.

Accounts and Reports

97. The Trustees shall comply with the requirements of the Education Act and the Charities Act

1993 as to keeping financial records, the audit or examinations of accounts.

98. The Members of the Union have the right to ask the Trustees questions in writing about the

content of any documents referred to in Clause 97.

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Notices

99. Subject to Clause 100, any notice to be given to or by any person pursuant to this

Constitution shall be in writing except that a notice calling a meeting of the Trustees need

not be in writing.

100. The Union may give any notice to a Member either:

100.1 personally;

100.2 by sending it by post in a prepaid envelope addressed to the Member at his or her address;

100.3 by leaving it at the address of the Member;

100.4 by electronic communication to the Member’s address; or

100.5 by posting it on the Union’s website.

101. A Member present at any meeting of the Union shall be deemed to have received notice of

the meeting and, where requisite, of the purpose for which it was called.

102. Proof that an envelope containing a notice was properly addressed, prepaid and posted shall

be conclusive evidence that the notice was given. A notice shall be deemed to be given at

the expiration of 48 hours after the envelope containing it was posted or, in the case of a

notice contained in an electronic communication, at the expiration of 48 hours after the

time it was sent or in the case of a notice posted on the Union’s website at the expiration of

48 hours after it was posted.

Indemnity

103. Without prejudice to any indemnity to which a Trustee may otherwise be entitled, every

Trustee shall and every other officer or auditor of the Union may be indemnified out of the

assets of the Union against any liability incurred by him or her in defending any proceedings,

whether civil or criminal, in which judgment is given in his or her favour or in which he or

she is acquitted or in connection with any application in which relief is granted to him or her

by the court from liability for negligence, default, breach of duty or breach of trust in

relation to the affairs of the Union, and against all costs, charges, losses, expenses or

liabilities incurred by him or her in the execution and discharge of his or her duties or in

relation thereto.

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Trustees’ Indemnity Insurance

104. The Trustees shall have power to resolve pursuant to Clause 4.29 to effect trustees’

indemnity insurance, despite their interest in such policy.

Definitions and Interpretations

105. In this Constitution, the following terms shall have the following meanings:

Term Meaning

105.1 “Academic Year” the period between August 1st in one Year to

July 31st in the next Year determined by the

Union as the period during which Students are

required to be registered with City University.

Each Academic Year is for the time being

divided into three terms;

105.2 “Alumni Trustee” a Trustee appointed in accordance with Clause

44 who must have graduated from City

University for a period of at least three years

and for the avoidance of doubt shall not be

deemed to be either a major union office

holder or a sabbatical union office holder for

the purposes of Section 22 of the Education

Act;

105.3 “Appointments Committee” the committee set up in accordance with the

Regulations that will include the President, the

General Manager, two Officer Trustees, two

appointed members of the Trustee Board and a

person nominated by City University London

105.4 “Board of Trustees”

or “Board”

the board of Trustees of the Union;

105.5 “Chair” the Chair of the Board of Trustees, who shall

normally be the President of the Union in

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accordance with Clause 83;

105.6 “General Manager” the General Manager of the Union who is an

employee of the University appointed by a

recruitment process agreed by Board of

Trustees and the University;

105.7 “clear days” in relation to the period of a notice, that

period excluding the day when the notice is

given or deemed to be given and the day for

which it is given or on which it is to take effect;

105.8 “Code of Practice” the code of practice relating to City

University’s obligations under Section 22 of the

Education Act;

105.9 “Connected Person” any person falling within one of the following

categories and where payment to that person

might result in the relevant Trustee obtaining

benefit: (a) any spouse, civil partner, parent,

child, brother, sister, grandparent or grandchild

of a Trustee; or (b) the spouse or civil partner

of any person in (a); or (c) any other person in

a relationship with a Trustee which may

reasonably be regarded as equivalent to such a

relationship; or (d) any company or LLP or firm

of which a Trustee is a paid director, member,

partner or employee, or shareholder holding

more than 1% of the capital;

105.10 “Constitution” this constitution of the Union;

105.11 “Deputy Chair” the deputy Chair of the Board of Trustees,

who shall be appointed in accordance with

Clause 84;

105.12 “Education Act” the Education Act 1994;

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105.13 “the Executive Committee” means the Officer Trustees and the Part-Time

Officers;

105.14 “External Trustee” a Trustee appointed in accordance with Clause

47 who for the avoidance of doubt shall not be

deemed to be either a major union office

holder or a sabbatical union office holder for

the purposes of section 22 of the Education

Act;

105.15 “in writing” means written, printed or transmitted writing

including by electronic communication;

105.16 “Members” members of the Union being Students at City

University as further defined in Clause 11.1 and

the Officer Trustees;

105.17 “NUS” National Union of Students;

105.18 “Office” the head office of the Union;

105.19 “Officer Trustee” a Trustee elected in accordance with Clause

35;

105.20 “Part-Time Officers” the Members elected to be officers of the

Union while continuing their studies at City

University London;

105.21 “Personal Interest” a financial interest or an interest that does not

arise in the ordinary course of being a Member

or a Trustee (for example, being a member of a

club or society);

105.22 “Policy” representative and campaigning policy set by

Referenda or the Union Council in accordance

with Clauses 17 to 20 and Clause 92.2

respectively;

105.23 “President” the president of the Union, as elected by the

Members in accordance with the Regulations;

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105.24 “RAG” the raise and give society which develops

Students by providing them with an

opportunity to raise funds for charitable

causes;

105.25 “Referendum” a ballot in which all Members of the Union are

entitled to cast a vote, the protocol for which

is set out in the Regulations;

105.26 “Regulations” the Regulations setting out the working

practices of the Union made from time to time

in accordance with Clause 74;

105.27 “Student” any individual who is formally registered for an

approved programme of study provided by

City University. For the avoidance of doubt,

City University shall determine whether or not

an individual has student status;

105.28 “Student Trustee” a Trustee elected in accordance with Clause 40

who is a Student and for the avoidance of

doubt shall not, for the purposes of Section 22

of the Education Act, be a major union office

holder;

105.29 “Subsidiary Company” any company in which the Union holds more

than 50% of the shares, controls more than

50% of the voting rights attached to the shares

or has the right to appoint a majority of the

board of the company;

105.30 “Trustee” and “Trustees” the Officer Trustees, the Student Trustees, the

Alumni Trustees and the External Trustees;

105.31 “Union” City University Students Union, known as City

University London Students Union; and

105.32 “Union Council” the Student body elected by and from Students

constituted in accordance with this

Constitution and the Regulations of the Union;

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105.33 “City University” or

“University”

City University, incorporated by Royal Charter

on 6th April 1966 and by Supplemental Charter

on 8th March 2006.

106. Words importing the singular shall include the plural and vice versa and words importing the

masculine shall include the feminine and vice versa.

107. Any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall

(except where the context otherwise requires) be construed as referring to such legislation

as amended and in force from time to time and to any legislation which (either with or

without modification) re-enacts, consolidates or enacts in rewritten form any such

legislation.

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Regulations

of

City University Students’ Union

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Table of Contents and Comments

Regulation 1 Page 41

Membership

Regulation 2 Page 43

Union Democracy & Elections

Regulation 3 Page 58

Major Union Committees

Regulation 4 Page 63

Student Activities

Regulation 5 Page 68

General arrangements for Students’ Union Committee and General Meetings

Regulation 6 Page 74

Complaints and Disciplinary procedures

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Regulation 1:

Membership

1. Ordinary members

1.1. All City University students shall qualify for free membership.

1.2. For the avoidance of doubt City University students shall mean those defined by Senate as

“students” and shall not include those defined by Senate as “occasional students”.

1.3. All students are automatically registered as members.

1.4. All members shall abide by the Students’ Union Constitution and regulations.

1.5. Trustees may expel a member in accordance with section 12.4 of the Constitution.

1.6. Students may opt out of membership of the Students’ Union by writing to the General

Manager of the Union. The General Manager of the Students’ Union shall compile a register

of those students that have opted out on behalf of the Trustee Board.

1.6.1. A student who has opted-out may re-join as an ordinary member by notifying the

General Manager of the Union of their wish to do so.

1.6.2. A student who has opted out is not entitled to:

1.6.2.1. Vote, or stand for office in, Students’ Union elections

1.6.2.2. Speak or vote at Annual members meetings

1.6.2.3. Vote in a Students’ Union Referendum

1.6.2.4. Hold an elected position in a Students’ Union club or society

1.6.2.5. Be a Student Trustee of the Students’ Union

1.7. Officer Trustees of the Students’ Union shall also qualify for free membership.

2. Associate Membership

2.1. From time to time the Trustee Board may create additional classifications of membership

who shall be “Associate Members”. For the avoidance of doubt any persons qualifying as an

“Associate Member” is not a member.

2.2. Students defined as “occasional students” by Senate shall automatically have free associate

membership of the Students’ Union.

2.3. Associate members shall be entitled to:

2.3.1. Use of services and facilities of the Students’ Union and subcontractors with possible

restrictions and tariffs

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2.3.2. Hold associate membership of any club or society

2.3.3. Attend annual members meetings as observers

2.4. Classes of Associate Membership shall include:

2.4.1. Individual Associate Membership; available on an annual basis, to any persons

employed by City University London.

2.4.2. Alumni Membership; available by application to any person who has previously been

a full member of the Students’ Union. The Trustee Board may grant an Alumni

membership for a specified time period of time or life.

2.4.3. Reciprocal Membership; The Students’ Union may enter into reciprocal membership

arrangements with other students’ unions or educational institutions, both within the

United Kingdom and overseas.

2.4.4. Honorary Life Membership; this shall be awarded to persons agreed by the Trustee

Board.

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Regulation 2:

Union Democracy & Elections

1. The Returning Officer and Deputy Returning Officer

1.1. Executive Committee and NUS National Conference Delegate elections

1.1.1. The Returning Officer

1.1.1.1. Is appointed by the University Secretary on the recommendation of

Trustees.

1.1.1.2. Has sole responsibility to interpret and rule on the regulations with regard

to disputes or complaints.

1.1.2. The Deputy Returning Officer

1.1.2.1. Is responsible for the day to day management of the election.

1.1.2.2. Is appointed by the University Secretary on the recommendation of

Trustees.

1.1.2.3. Has overall responsibility to ensure that the election is efficient and fair in

accordance with the regulations.

1.1.2.4. Has full delegated authority to implement the regulations including issuing

“minor sanctions”.

1.1.2.5. Is responsible for the election count.

1.1.2.6. May direct candidates thought to be in breach of the regulations.

1.1.2.7. May answer candidate questions.

1.2. Other Union elections and referenda

1.2.1. The Returning Officer

1.2.1.1. Shall be the Students’ Union General Manager or designate for all other

elections and referenda.

1.2.1.2. Has sole responsibility to interpret and rule on the regulations with regard

to disputes or complaints.

1.2.1.3. May choose to appoint a Deputy Returning Officer to administrate the

election or referendum.

1.2.2. The Deputy Returning Officer

1.2.2.1. Is responsible for the day to day management of the election.

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1.2.2.2. Has overall responsibility to ensure that the election is efficient and fair in

accordance with the regulations.

1.2.2.3. Has full delegated authority to implement the regulations including issuing

“minor sanctions”.

1.2.2.4. Is responsible for the election count.

1.2.2.5. May direct candidates thought to be in breach of the regulations.

1.2.2.6. May answer candidate questions.

2. Eligibility

2.1. All students pursuing a programme of study as defined by Senate and with a current

enrolment record may stand for election and vote. A programme of study means full-time

or part-time study at undergraduate or postgraduate level leading to a University award.

2.2. Students who have decided to opt out of Students’ Union membership are not eligible to

stand for election or vote in any Students’ Union election or referendum.

2.3. Occasional students as defined by Senate or those who are at validated, partnership

institutions are not entitled to stand for election or vote.

2.4. The following constituency based limitations apply

2.4.1. Only students belonging to a School may stand for election to or vote for the

position of School Representation Officer for that School. This includes the Graduate

School.

2.4.2. Only students who are of African, Arab, Asian and Caribbean or Jewish heritage or

anyone who self-defines as minority ethnic may stand for election to or vote for the

position of Black and Minority Ethnic Officer.

2.4.3. Only students who self-define as having a disability under the Equality Act 2010 may

stand for election to or vote for the position of Disabled Students Officer. Advice is

available from the Students’ Union General Manager on disabilities, hidden and visible.

2.4.4. Only students who do not have United Kingdom citizenship can stand for election to

or vote for the position of International Students Officer.

2.4.5. Only a Student who self-defines as lesbian, gay, bisexual or transgender may stand

for election to or vote for the position of Lesbian, Gay, Bisexual and Transgender

officer.

2.4.6. Only a student who self-defines as a woman may stand for election to or vote for

the position of Women’s Officer.

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2.4.7. Only students who are full members of a Students’ Union Society may stand for

election to or vote for Committee positions for that Society.

2.4.8. In all other elections and referenda not covered by these constituency based

limitations, all eligible students may stand for election and vote.

2.5. Candidates standing for election for Full Time Officer (sabbatical) positions must be eligible

to be a trustee under charity law. These candidates must not:

2.5.1. Have an unspent conviction for an offence involving deception or dishonesty

2.5.2. Be an un-discharged bankrupt

2.5.3. Have been removed from trusteeship of a charity by the Court or the

Commissioners for misconduct or mismanagement and

2.5.4. Be under a disqualification order under the Company Directors Disqualification Act

1986

2.6. Members who have already completed two terms of office as a Full Time Officer of the

Students’ Union are not eligible to stand for election for Full Time Officer.

2.7. It is an election candidate’s responsibility to ensure their eligibility to stand, including

ensuring their course enrolment record is up to date, before submitting their nomination.

2.8. Students cannot stand for more than one Executive Committee position in any one election

2.9. Students may not stand for Student Council Chair and any other post, including Conference

Delegate

2.10. Students may stand for both an NUS National Conference Delegate position and

Executive Committee Position in this election

3. Positions to be elected and nomination process

3.1. Positions for each election will be advised in the Notice of Election. These will constitute

positions approved by the Trustee Board, and are outlined in Appendix A,

3.2. All Executive Committee positions shall be held for one year, whereupon another election

shall be held.

3.3. For each position being elected, an option to Re-Open Nominations (RON) shall be

provided on every ballot.

3.4. By standing for election all candidates agree to be subject to the Students’ Union

Constitution, Bye Laws, regulations, policy and values

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3.5. Candidates must complete a nomination form for each position they are contesting. Only

correctly completed forms will be valid.

3.6. Candidates must be nominated by five current full members of City University Students’

Union

3.7. Candidates seeking election as a School Representation Officer (SRO) must be nominated

by students from their School

3.8. Members may only nominate one candidate for each position.

3.9. In the event of a member nominating more than one candidate for the same position the

Deputy Returning Officer shall deem only the earliest completed form submitted as valid.

3.10. Completed nomination forms must be submitted in accordance with the notice of

Election.

3.11. All candidates and nominators agree for their data to be shared with the University

for election administration purposes

3.12. Late nomination forms will be automatically declared invalid

4. Notice of Election

4.1. The Deputy Returning Officer shall publish a Notice of Election at the latest by the

following times

4.1.1. For Executive Committee and NUS National Conference Delegate elections, on the

Monday at least 4 weeks prior to the Close of Poll.

4.1.2. For Society committee elections and other conference delegate elections, on the

Monday at least 2 weeks prior to the Close of Poll.

4.2. The Notice of Election shall specify:

4.2.1. Details of the positions for election

4.2.2. Details of eligibility for each of the positions for election and, for conference

delegates, the dates of the conference concerned where possible.

4.2.3. Methods by which nomination packs, forms or equivalent material may be obtained

4.2.4. Details of the place, date and time by which completed nominations must be

submitted

4.2.5. For Executive Committee and NUS National Conference Delegate elections, details

of the place, date and time of the Candidates’ briefing meeting

4.2.6. The Returning Officer’s and Deputy Returning Officer’s contact details

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4.3. The Notice of Election shall be published on the Students’ Union website and in such other

form as the Deputy Returning Officer shall deem appropriate.

5. Notice of Poll

5.1. The Deputy Returning Officer shall publish a Notice of Poll no later than the following

times

5.1.1. For Executive Committee and NUS National Conference Delegate elections, 5.00pm

on the day of the Candidates’ Briefing Meeting.

5.1.2. For other elections and referenda, 5.00pm on the last working day before the

opening of polls.

5.2. The Notice of Poll shall specify:

5.2.1. The name and description of each candidate and the position for which they have

been nominated

5.2.2. The location and opening times of polling stations, where applicable

5.2.3. Details of the arrangements for online voting

5.2.4. The dates, locations and times of any candidates’ debate sessions.

5.2.5. The date and location of the count, if a physical count is required.

5.2.6. The Returning Officer’s and Deputy Returning Officer’s contact details, including the

email which must be used for all correspondence

5.3. The Notice of Poll shall be published on the Students’ Union website and in such other

form as the Deputy Returning Officer shall deem appropriate.

6. Candidates meeting and training

6.1. For Executive Committee and NUS National Conference Delegate elections, a Candidates

Meeting for all nominated candidates will be held after the close of nominations.

6.2. At this meeting the Returning Officer or the Deputy Returning Officer, will explain the

election process, outline campaigning guidelines and set the tone of the election.

6.3. Candidates will have the opportunity to ask questions about any aspect of the election

process.

6.4. If a candidate is unable to attend he/she must inform the Deputy Returning Officer of this in

advance of the meeting by email.

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6.5. If a candidate is unable to attend he/she is expected to meet with the Returning Officer or

Deputy Returning Officer before they commence campaigning, to ensure they are

completely clear about all election regulations and procedures.

6.6. Candidates who do not attend the meeting or contact the Returning Officer or Deputy

Returning Officer by the deadline set may be withdrawn from the election.

6.7. Additional training may be provided at the discretion of the Deputy Returning Officer.

7. Collective campaigning or “slates” in Executive Committee elections

7.1. Formalised collective campaigning by candidates or their supporters is prohibited.

7.2. Campaign material must be individual and must not promote any other candidate. This

includes:

7.2.1. Approved campaign descriptors/summary or campaign logo’s

7.2.2. Both online, video and printed material

7.2.3. E-mail, BBM, I message, Facebook and other electronic communications

7.3. Verbal declarations of support for other candidates, including voting intentions during

debates, in designated campaigning areas or during interviews with the student media is

prohibited

7.4. Outside of debates or interviews with the student media, candidates may verbally inform

individuals who they are voting for if asked

7.5. Student societies or groups constituted under the Students’ Union can support a particular

candidate. This will require the agreement of its committee and the candidate. The

committee shall then be considered the candidates supporters.

7.5.1. This agreement shall be recorded in the form of a minute of the meeting at which

support for the candidate was agreed and an email from the candidate accepting this

support.

7.5.2. This minute shall be supplied to the Deputy Returning Officer before the message of

support is issued.

7.6. Student societies or other groups constituted under the Students’ Union may not support

more than one candidate each. They may not produce materials or communications

supporting groups of candidates.

7.7. For the sake of clarity, Re-Open Nominations (RON) shall be considered a unique,

individual candidate for each separate position being elected.

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8. Campaign materials

8.1. For Executive Committee and NUS National Conference Delegate elections, candidates

must submit the following at the same time as their nomination:

8.1.1. A manifesto, which:

8.1.1.1. Shall be supplied to the Deputy Returning Officer in Microsoft Office Word

format

8.1.1.2. Shall not exceed an 800 word limit including the name of the candidate.

Only the first 800 words shall be published

8.1.1.3. Shall not defame or libel any other candidate or individual

8.1.1.4. Shall be their own unique manifesto and not imitate the content or styling of

another candidate

8.1.2. A head and shoulders photograph of the candidate, in a format specified on the

nomination form. For the sake of clarity the candidate must be clearly recognisable in

the photograph and not disguised in any way.

8.2. For Executive Committee and NUS National Conference Delegate elections, candidates

may also submit the following at the same time as their nomination:

8.2.1. A unique logo or graphic for use on their campaign materials. Logos must be

submitted in a format specified on the nomination form and must be capable of being

reproduced in black/greyscale at size 20mm x 20 mm square

8.2.2. A campaign descriptor/slogan of up to six words which will be printed on the ballot

papers.

8.3. For all other elections, details of mandatory and optional campaign materials will be

specified in the Notice of Election at the discretion of the Deputy Returning Officer.

8.4. Approved manifestos, photographs, logos and descriptors/slogans of all candidates will be

displayed by position and in alphabetical order by surname on the Students’ Union website.

8.5. No changes to manifestos, photographs, logos and descriptors/slogans will be accepted after

the nomination deadline.

8.6. Candidates may not use the Students’ Union logo, the University Logo or University crest;

or the branding, format or logo used by the Students’ Union in awareness campaigns for the

election. For the sake of clarity the Deputy Returning shall indicate any “tag lines”, graphics

or colours which must not be used.

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8.7. The Deputy Returning Officer reserves the right to reject any descriptor, logo or content

that is offensive, open to misinterpretation or which breaches copyright.

8.8. Candidates may submit an additional video manifesto of up to maximum of two minutes

which:

8.8.1. May be submitted after the written manifesto but require two working days before

being published

8.8.2. Requires the approval of the Deputy Returning Officer and adheres to the election

guidelines

8.9. Candidates may use T-shirts, Banners, balloons, and stickers etc. as campaign materials.

8.10. Candidates must not use gifts such as sweets, vouchers or any other incentive to

encourage students to vote.

8.11. Students’ Union computers or resources may not be used to produce or assist in

the production of any candidate’s election materials.

9. Campaigning activities for candidates and any persons campaigning on their behalf

9.1. Candidates must ensure that, at all times, they and their campaigners abide by all University

and Students’ Union rules and regulations

9.2. No campaigning or distribution of publicity material is permitted prior to the date published

in the notice of election.

9.3. Campaigning is prohibited in any areas defined by the Deputy Returning Officer in the

Notice of Poll. This will include the area around the Polling Station(s), in University

computer rooms and around any permanent open-use computers in the University’s

communal areas.

9.4. All publicity materials must be submitted to the Deputy Returning Officer by email before

use for approval. Candidates should allow 48 hours for approval.

9.5. Candidates must consider their health and safety and the health and safety of others when

conducting any campaigning activity.

9.6. Candidates must not impede students on University premises by entrances or walkways

9.7. Candidates must leave enough space for students to pass when they are campaigning in

close proximity to each other

9.8. Candidates shall not provide computer terminals or internet enabled wireless devices of

any kind to enable members to vote.

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9.9. Candidates or their supporters shall not supervise or assist a voter in casting their vote in

any way.

9.10. Posters may only be displayed on notice boards with prior permission.

9.11. Any publicity fixed to walls, road signs or street furniture in the vicinity of the

University may be removed and the cost of that removal and any consequential damage may

be charged to the candidate concerned.

9.12. Students’ Union computers or resources (including membership lists and other data)

may not be used to campaign or assist in the campaign for any candidate.

9.13. Society email accounts may not be used to campaign or assist in the campaign for

any candidate in a Society committee election.

9.14. Students working for the Students’ Union, University or subcontractor may not

engage in any campaigning activity during their working hours.

9.15. Candidates must remove all of their own publicity materials within one week after

the election. If materials are not removed, candidates may be liable for the cost of removal.

9.16. University email addresses must not be used for campaigning purposes for any email

sent on behalf of a candidate to more than 20 students. This includes messages sent via the

University virtual learning environment (Moodle)

9.17. Use of bulk unsolicited direct messaging is not permitted

9.18. Candidates may use social networking such as Facebook and Twitter for

campaigning

9.19. Candidates may not set up private websites for campaigning purposes.

9.20. During Executive Committee and NUS National Conference Delegate elections,

from the opening of nominations until the declaration of results; all incumbent Executive

Committee Officers shall agree any mailshots, publicity campaigns or public announcements

with the Students’ Union General Manager. The General Manager may refer any such

activity to the Deputy Returning Officer to rule on potential electoral advantage.

9.21. No elected officers of the Students’ Union will be allowed to use the Students’

Union offices for electoral purposes. Incumbent Full Time Officers seeking election may still

use their office for their day to day work, as agreed in advance with the Students’ Union

General Manager.

9.22. Any Full Time Officer in post and standing for re-election must run his/her campaign

entirely separately from their day-to-day work as an elected Officer.

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9.23. The Deputy Returning Officer may publish supplementary regulations relating to the

candidates’ conduct. Candidates will be advised of any such regulations by email to the

address provided upon submission of each candidate’s nomination.

10. Candidates’ debates

10.1. For Executive Committee elections, at least one candidates’ debate will be arranged

to take place during the election period, for which the following apply

10.1.1. Time(s) and locations(s) will be specified in the Notice of Poll.

10.1.2. Candidates not standing for a Full Time Officer position will be entitled to speak but

will not be subject to questioning.

10.1.3. The session will be chaired by the Deputy Returning Officer or their nominee.

10.1.4. Questions for candidates may be submitted to the Deputy Returning Officer or

Students’ Union Reception in writing before the event

10.1.5. In the absence of submitted questions the Chair may set questions to be asked to

and be answerable by all candidates.

10.1.6. All candidates will have the opportunity to make a 1 minute speech. Timing will be

monitored by the Chair.

10.1.7. Candidates are invited to respond to questions in random sequence by the Chair.

10.1.8. The Chair or Deputy Returning Officer has the authority to curtail debate on issues

that are deemed to be outside the scope of the election, inappropriate or offensive.

10.1.9. Candidates also have the option of making an email address available to students to

receive questions directly.

11. Campaign finances

11.1. All election expenditure must be approved by the Deputy Returning Officer using an

Elections Expenses Returns form which will be provided by the Deputy Returning Officer.

11.2. Candidates are required to provide receipts for their election expenditure whether

or not they are seeking reimbursement. These should be submitted before the

commencement of the count. If a candidate is unable to do this they must email the Deputy

Returning Officer before the commencement of the count with an explanation for the

delay.

11.2.1. The Deputy Returning Officer may accept the explanation and set a date for the

Elections Expenses Returns form to be submitted

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11.2.2. The Deputy Returning Officer may reject the explanation and refer the matter to

the Returning Officer who may issue any of the sanctions outlined below

11.3. Failure to complete an Election Expenses Returns form may result in disqualification

from the election.

11.4. Candidates standing for Full Time Officer positions may have their campaign

expenses reimbursed up to a maximum of £75.

11.5. Candidates for Part time Executive Committee positions and NUS delegates may

spend up to £30 on campaigning and publicity which shall be reimbursed. Candidates

standing for NUS Delegate plus a Full Time Officer position may spend a maximum of £75

in total shared between the two elections.

11.6. No candidate standing for a Full Time Officer position may spend more than £75 on

campaigning and publicity regardless of whether they are standing in one or more posts.

11.7. No Society funds may be used to finance any candidate’s campaign in society

committee elections.

12. Voting

12.1. All elections shall be conducted by secret ballot using the Single Transferable Vote

(STV) system (Electoral Reform Society 1997 rules).

12.2. Where in-person voting is conducted, eligible members may vote at a polling station,

the location of which will be determined by the Deputy Returning Officer.

12.3. Where online voting is conducted, eligible members may vote via the Internet using

a voting system approved by the Deputy Returning Officer.

12.3.1. Each eligible voter will be issued with a Unique Voter Code by email.

12.3.1.1. In Executive Committee, NUS National Conference Delegate and all other

Union-wide elections, the Unique Voter Code will be sent to the member’s

University email account only.

12.3.1.2. In societies’ committee elections, the Unique Voter Code will be sent to the

email address with which the member registered for membership of that society.

12.3.2. It is the individual voter’s responsibility to ensure that there is sufficient capacity in

his or her mailbox to receive the email.

12.3.3. It is the individual voter’s responsibility to maintain the security of their Unique

Voter Code.

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12.4. Where both systems are in use, a vote cast at the polling station takes precedence

over a vote cast via the internet by the same member. At the close of poll, votes cast via

the Internet shall be reconciled with those cast at the polling station.

12.5. Voting times will be published in the Notice of Poll and on the Students’ Union

website.

13. Results

13.1. The counting of votes will take place after the close of Poll at a time and date

specified by the Deputy Returning Officer.

13.2. Where a physical count is held, candidates will be notified of the venue and may

attend the count. Subject to space the Deputy Returning Officer may permit other persons

to attend the count.

13.3. The election result will be announced as soon as practicable.

13.4. The full election results shall be published on the Students’ Union website and in

such other form as the Deputy Returning Officer shall deem appropriate.

14. Referenda & Societies

14.1. The Union may from time to time ask its Membership their opinion by referenda.

These shall take the form of questions with an affirmative and a negative answer.

14.2. Referenda may be called by:

14.2.1. Union Council after a 66% majority vote.

14.2.2. Union Executive after a 66% majority vote.

14.2.3. A General Meeting may call a referendum by a 66% majority

14.3. A Notice of Referenda shall be issued at the latest 2 weeks before a referendum is

to be held. The notice shall detail the question, date of referendum, manner and place of

voting, details of any debate to be held and the regulations to govern the campaign. The

latter will be based on the Union’s election regulations.

14.4. The Union shall facilitate the creation of campaigns for and against the question

14.5. For a referendum to pass, a quoracy must be achieved of 500 students voting.

14.6. Society elections will adhere to the Society regulations.

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15. Complaints and appeals procedures

15.1. Any student can submit a complaint about a candidate or their canvassers or about

the election process until 2 hours after the close of voting. These complaints may be on any

of the following grounds:

15.1.1. Failure in good conduct of the election

15.1.2. Behaviour and activities of candidates or their supporters

15.1.3. The administration of the election

15.1.4. Breaches in regulations

15.2. Complaints raised after this point will not be accepted, except in relation to the

conduct of the count.

15.3. Any student can submit a complaint about the conduct of the count within one day

of the announcement of results. Grounds for complaint are limited to:

15.3.1. The STV calculations are inaccurate

15.3.2. There is a physical error in the count

15.4. All complaints must be sent, in writing, to the Returning Officer. A complaints form

will be available from the Students’ Union Reception and online at the Students’ Union

website.

15.5. Complaints will normally be heard within 2 working days. The Returning Officer will

respond in writing and candidates and complainants will be informed of any action taken.

15.6. In responding to a complaint the Returning Officer, after hearing all the appropriate

evidence, may decide to apply any of the following:

15.6.1. Not to uphold the complaint

15.6.2. Suspend elections for a specified period pending an investigation(s)

15.6.3. Apply sanctions to specified candidates (see sanctions below)

15.6.4. Hold the election count and decide whether the basis of the complaint has any

impact on the outcome of the vote.

15.6.5. Re-run the election

15.7. If a complaint results in a “minor sanction” as specified in these regulations there will

be no appeal against the decision of the Returning Officer.

15.8. Appeals against the Returning Officer’s decision to disqualify a candidate or re-run

the election should be made to the Secretary of the Students’ Union Trustee Board in

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writing. The Secretary of the Trustee Board’s contact details are available from the

Returning Officer.

15.9. Appeals against disqualification must be made within one working day of the

Returning Officer’s decision.

15.10. Appeals against a decision to re-run the election must be made within one week of

the Returning Officer’s decision.

15.11. Appeals will normally be on the grounds that the decision of the Returning Officer

was :

15.11.1. Procedurally incorrect,

15.11.2. Taken outside the scope of the powers of the Returning Officer as defined

by these regulations

15.11.3. Disproportionate

15.12. All appeals against disqualification shall be heard by the Deputy Chair of the

Students’ Union Trustee Board. A ruling will be made by the Deputy Chair of the Students’

Union Trustee Board within 3 working days. The decision of the Deputy Chair of the

Students Union Trustee Board is final.

15.13. In the case of a decision to re-run the election the University Secretary shall be

notified by the Students’ Union Trustee Board and the appeal shall be heard by the

Students’ Union Trustee Board with the University Secretary in attendance. The decision of

the Trustee Board is final

16. Sanctions

16.1. Any student found in breach of the regulations during any stage of the election may

be penalised.

16.2. The penalty will be determined by the Returning Officer or Deputy Returning

Officer. Possible “minor sanctions” with no appeal shall include:

16.2.1. Penalty to your campaign budget (if applicable)

16.2.2. Restriction applied to attendance at or participation in candidates’ debates.

16.2.3. Restriction on campaigning in a given area and or for a specific amount of time.

16.3. Other sanctions that may be determined by the Returning Officer shall include:

16.3.1. A formal written warning, which will be published on Students’ Union notice boards,

in the Students’ Union reception and on the Students’ Union website

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16.3.2. Disqualification from the election

16.4. Any student found to be interfering with the smooth running of the election, acting

fraudulently or otherwise illegally may be referred for disciplinary action to:

16.4.1. The Students’ Union Disciplinary Panel under the Students’ Union Bye law 6

16.4.2. The University under Senate regulation 13 Student Discipline

16.4.3. Be reported to the police

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Regulation 3:

Major Union Committees

1. Trustee Board

1.1. Subject to the provisions of the Constitution and the regulations, the Trustees may regulate

their proceedings as they deem appropriate.

1.2. The Board of Trustees is the legally responsible for the strategy and administration of the

Students Union and are empowered to:

1.2.1. Resolve to effect Trustees’ indemnity insurance, despite their interest in such policy

1.2.2. Veto any resolution or action of any part or body of the Students’ Union if it

believes such resolution or action to be ultra-vires or unlawful

1.2.3. Make any decision that it feels is necessary to meet any legal requirement the

Students’ Union might face from time to time

1.2.4. Introduce any instrument to monitor the effectiveness of the organisation in

delivering its aims and its strategic plan

1.2.5. Resolve any matter relating to the financial health of the organisation

2. The Executive Committee

2.1. The Executive Committee shall:

2.1.1. Be the recognised body for the political leadership of the Union

2.1.2. Approve all Union non-administrative policy and campaigns

2.1.3. Oversee the implementation of Students’ Union non-administrative policy

2.1.4. Oversee the memberships relationship with the University and beyond by

representing students views

2.1.5. Individually and collectively report on Executive Committee Officers activities to the

Union Council

2.1.6. Be subject to the political and policy oversight of Union Council and Union General

Meetings

2.1.7. Be subject to the administrative oversight of the Trustee Board

2.1.8. Conduct themselves individually in accordance with the Nolan Principles on public

life

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2.2. Executive Committee positions shall be those specified in an appendix to the Regulations,

which is regularly updated.

2.3. Quoracy for the Executive Committee shall be 50% plus 1 of the elected membership

3. Union Council

3.1. Union Council shall be the recognised scrutiny body for the Executive Committee, including

the scrutiny and approval of Executive proposed policy.

3.2. Shall normally meet once in Semester one and on twice in Semester two

3.3. Union Council shall be subject to the administrative oversight of the Trustee Board

3.4. Members of the Executive Committee may not be members of Union Council

3.5. The Union Council shall collectively by majority vote have the powers to:

3.5.1. Discuss, debate, vote on and amend policy proposed by the Union Executive. Any

policy must be approved by Union Council to become the official Policy of the Union.

Policy will require 50% +1 for approval.

3.5.2. Request reports from the Executive Committee Officers, either individually or

collectively

3.5.3. Debate and discuss such reports, and comment on the performance of an Executive

Committee Officer, these comments to by published in the minutes of the meeting.

3.5.4. Make recommendation to the Trustee Board that an Executive Officer be disciplined

and or removed. This may only happed after a motion of censure or no confidence is

passed following a 66% majority vote

3.5.5. Make recommendations or comments to the Trustee Board on the political

direction and democratic functioning of the Students’ Union

3.5.6. Call an Extraordinary Union Council meeting following a 66% majority vote

3.5.7. Call a General Meeting following a 66% majority vote

3.5.8. Call a referendum on any issue following a 66% majority vote

3.6. Union Council shall consist of:

3.6.1. Three members elected from each School of the University, with at least one place

reserved for a Postgraduate representative.

3.6.2. A Union Council Chair, elected by cross-campus ballot. The chair shall be impartial

and shall not:

3.6.2.1. Have held previous Executive positions within the Union

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3.6.2.2. Vote, except in accordance with parliamentary practice of voting for ‘no

change’ in order to break a tied-vote.

3.6.2.3. Take an active part in debates or act partially from the chair

3.7. If the Union Chair is believed to have acted partially, they may be removed from the chair

by a procedural motion:

3.7.1. To challenge a decision of the Chair, which shall require a 50% + 1 majority

3.7.2. To remove the Chair for the meeting, which will require a 66% qualified majority

3.7.3. To recommend that the Chair be removed from position: This shall require a 75%

qualified majority and shall trigger a referendum.

3.7.4. In the event that the Chair is removed by a proceduaral motion, a deputy chair shall

take the Chair.

3.7.4.1. A Deputy Chair shall be elected at the end of each meeting for the following

meeting of Union Council.

3.7.4.2. They shall attend the same briefings as the Chair, in case they are required

to take over the Chair.

3.7.4.3. They shall be required to abide by these regulations as if they were the

Chair for that meeting – maintaining impartiality. It is recommended that the

Deputy changes for every meeting.

3.8. Quoracy of Union Council shall be 50% plus 1 of the elected membership

4. Student Societies Advisory Board (SSAB)

4.1. SSAB shall be the forum for consultation on society related issues between the Students

Union Executive Committee, the University and students participating in Student Societies.

4.2. SSAB shall meet at least once in semester 1 and once in semester 2.

4.3. Outside meetings SSAB may make consultations by email or other electronic forms of

communication.

4.4. Outside meetings SSAB may make decisions using electronic voting.

4.5. Quoracy for a SSAB meeting shall be 25% plus 1 of the elected membership.

4.6. Decisions shall be taken by majority vote.

4.7. Membership of SSAB shall include:

4.7.1. One elected representative per active student society

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4.7.2. One nominated Lead Organiser per authorised society not meeting above criteria.

For the avoidance of doubt this shall mean societies with approved constitutions and in

the process of establishment.

4.7.3. The Vice President Activities and Development

4.7.4. A students’ Union staff member and University Staff may attend but shall not have

voting rights.

4.8. The SSAB Chair will be elected at the first meeting. The Vice president Activities and

Development (or nominated Students’ Union staff member) shall act as Returning Officer.

5. City University Students Union Sports Association (CULSA)

5.1. CULSA shall be the forum for consultation on sports related issues between the Union

Executive Committee, University and students participating in sport.

5.2. CULSA shall meet at least once in semester 1 and once in semester 2.

5.3. Outside meetings CULSA may undertake consultations by email or other electronic forms

of communication.

5.4. Outside meetings CULSA may make decisions using electronic voting.

5.5. Quoracy for CULSA meetings shall be 50% plus 1 of the elected membership.

5.6. Decisions shall be taken by majority vote.

5.7. Membership of CULSA shall include:

5.7.1. Two elected representative from each sports team. For the avoidance of doubt this

will include 1st 2nd and 3rd and so forth teams

5.7.2. The Vice President Activities and Development

5.7.3. A students’ Union staff member and University Staff may attend but shall not have

voting rights.

5.8. The CULSA Chair will be elected at the first meeting. The Vice president Activities and

Development (or nominated Students’ Union staff member) shall act as Returning Officer.

6. Raising and Giving (RAG) Team

6.1. The RAG team shall be the forum for engaging students in Raising and Giving to charities,

and planning and organising RAG activities.

6.2. RAG shall meet at least once in semester 1 and once in semester 2.

6.3. Outside meetings RAG may make consultations by email or other electronic forms of

communication.

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6.4. The RAG team will be chaired by a RAG Officer. This position will be elected annually by

STV election.

6.5. The Rag Officer will be supported by the VP Activities and Development, who will de facto

sit as a member of the RAG team.

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Regulation 4:

Student Activities

1. Student Societies

1.1. All student societies must have an approved society constitution and regulations.

1.2. All society Group Organisers and Committee Members shall be considered Students’ Union

Office holders and must adhere to Students’ Union regulations, policy, values and

procedures during the conduct of elections as at all other times.

1.3. Society Committee elections shall normally take place online

1.4. All society Group Organisers and Committee members will adhere to University

regulations.

1.5. The Students Union shall adhere to the City University Code of Practice for free speech at

meetings.

1.6. The Students’ Union shall publish the societies funding criteria in the Finance Regulations

and procedures for Students’ Union Affiliated Clubs and Societies.

1.7. The Vice President Activities shall have the power to act in the interests of society

members on all society related business in the absence of a Society Committee. This shall

normally be:

1.7.1. To establish an elected committee by organising elections

1.7.2. To aid recruitment of new members so that a committee election may take place

1.7.3. To undertake essential administrative tasks

2. Sports Social Clubs

2.1. All affiliated Sports Social Clubs must have an approved Sports Social Club constitution and

regulations.

2.2. All Sports Social Club Committee members shall be considered Students’ Union Office

holders and must adhere to Students’ Union regulations, policy, values and procedures.

2.3. All Sports Social Club Group organisers and Committee members will adhere to

University and relevant sporting National Governing Body regulations.

2.4. All Sports Social Clubs shall use the Finance Regulations and Procedures for Students Union

Clubs and Societies.

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2.5. The Vice President Activities shall have the power to act in the interests of Sports Social

Club members on all society related business in the absence of a Sports Social Club

Committee. This shall normally be;

2.5.1. To establish an elected committee by organising elections

2.5.2. To aid recruitment of new members so that a committee election may take place

2.5.3. To undertake essential administrative tasks

3. City University Students Union Media Team

3.1. All activities of the Media Team shall be subject to the Trustee Board.

3.2. Membership of the Media Team shall be volunteers selected by an open recruitment

process consisting of a scored written application and interview. This will include:

3.2.1. Interview Panel members shall include the Vice President Activities & Development

and a member of Students’ Union staff. Media Team Positions will be made known

through the Students’ Union website along with an application.

3.2.2. Recruitment shall be held in the second semester and the newly recruited Media

team shall take up post on June 1st of the same year.

3.3. Under the supervision of the Vice President Activities and Development the Student Media

Team shall:

3.3.1. Be responsible for the delivery of a range of agreed media outlets. This includes:

3.3.1.1. City Online; a web based magazine which includes but is not limited to

events, sports and politics in the Students’ Union and University.

3.3.1.2. City On Topic; a print based magazine which includes but is not limited to

events, sports and politics in the Students’ Union and University.

3.3.1.3. City On Air; a web based recorded radio show which includes but is not

limited to events, sports and politics in the Students’ Union and University.

3.3.1.4. City On Screen a web based recorded video show which includes but is not

limited to events, sports and politics in the Students’ Union and University.

3.3.2. Ensure each outlet operates responsibly and to the highest independent journalistic

standards

3.3.3. Ensure each outlet is engaging and responsive to our memberships interests

3.3.4. Facilitate collaboration between Media Outlets

3.3.5. Offer a high standard volunteer opportunities that facilitate development of skills

and creativity

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3.3.6. Provide an independent platform for students to voice their opinion

3.4. Membership of the Media Team shall include:

3.4.1. The Editor in Chief who shall be the Vice President Activities and Development.

S/he may direct any member of the Media Team or respective media outlets on any

matter relating to the operation of the Media Team in accordance with these

regulations

3.4.2. The Media Operations Officer who shall be responsible for the organisation of

meetings, the co-ordination between each Media Outlet and the Editor in Chief.

3.4.3. The Editor from each of the four Media outlets City Online, City OnTopic, City

OnAir, and City OnScreen who shall be responsible for the day to day running of the

respective Media Outlet

3.5. Students’ Union Student Media Outlets may:

3.5.1. Expect freedom of expression without undue interference

3.5.2. Report on an issues that are of interest to members, and to make fair comment on

any such issues

3.5.3. Be a legitimate method to communicate the work of the Elected Officers, positive

or negative to members

3.5.4. Access all open and public Union meetings, and to publish a report on the content of

such meetings

3.5.5. Expect fair funding, as a Union activity, as per a budget laid down by the Union at the

beginning of the Academic year. Reductions or Alterations to this funding should not

be made without good or proper reason, and without full discussion of the

consequences with the Student Media Team; and

3.5.6. Access to appropriate Students’ Union resources

3.6. Responsibilities of the Media Team include:

3.6.1. To use Union allocated funds responsibly

3.6.2. At all times, act in accordance with all Students’ Union Governing Documents and

Policies, and the guidelines in this document

3.6.3. Adhere to the NUJ Code of Conduct, PCC Guidelines, Ofcom Broadcasting Code,

Students’ Union Constitution and Byelaws, and all Students’ Union policies and

procedures

3.6.4. Treat any resources or equipment supplied by the Students’ Union with care and

respect

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3.6.5. Encourage student involvement in the Media, and seek to provide relevant

experience and sufficient training to volunteers and

3.6.6. Ensure that members are not, in any circumstances, put at risk.

3.7. Rights of the Students’ Union include but are not limited to:

3.7.1. Review distribution and funding if necessary, at any time, in consultation with the

Student Media Team and

3.7.2. Fair and proper reporting of Students’ Union activities and events through the

Media.

3.8. Responsibilities of the Union include

3.8.1. Provide the Media Team with appropriate resources and financial support

3.8.2. Provide information about and full access to all public Students’ Union meetings

3.8.3. Keep the Student Media Team informed of anything which may affect the production

or running of Student Media and

3.9. Media outlet Editors shall provide the Vice president Activities and Development with a list

of contributors to their outlet for the purposes of electing a Media Team representative for

Union Council

3.10. Any Students’ Union staff member may be invited by the Editor in Chief to attend

Media Team meetings as an adviser

3.11. Staff and/or Officers at the Students’ Union should not seek to influence or interfere

with the normal editorial process.

3.12. The Vice President Activities & Development shall offer operational support for

media outlets on behalf of the Trustee Board

3.13. The Editor in Chief has the right to alter or remove content or prevent or interrupt

broadcast, where deemed necessary. This will be done in accordance with the National

Union of Justice Code of Conduct, Press Complaints Commission Guidelines, Ofcom

Broadcasting Code, UK Law, Students’ Union Constitution and Byelaws and all Students’

Union policies and procedures.

3.14. In the case of an intervention, in line with 3.13 or any other similar intervention, by

the Editor in Chief or any member of Students’ Union Staff, a report should be submitted to

the Student Media Team members and Trustee Board within two working days. The report

shall outline the reason for the intervention and remedial action taken.

3.15. The media team may appeal the intervention to the President on the grounds that

the decision did not represent a breach of the National Union of Justice Code of Conduct,

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Press Complaints Commission Guidelines, Ofcom Broadcasting Code, UK Law, Students’

Union Constitution and Byelaws and all Students’ Union policies and procedures.

3.16. The President may uphold the intervention or overturn the intervention. In doing so

s/he should seek advice appropriate to the matter under discussion. In the case of an

allegation of libel or copyright infringement this should be legal advice.

3.17. Media outlets may carry sponsorship or advertising. They may not enter into an

agreement with a sponsor or advertiser without the prior authorisation of the Vice

President Activities and Development and the Students’ Union General Manager.

3.18. The media team shall agree a media complaints procedure with the Vice President

Activities and Development at the beginning of each academic year. This complaints

procedure shall be in addition to and subject to the Students Union Complaints procedure.

4. City University London Raising and Giving Activities

4.1. Any recognised student group may undertake charitable fundraising with the prior

authorisation of the Vice President Activities and Development. All such fundraising will be

in accordance with the Students’ Union financial procedures.

4.2. The RAG fundraising team will be led by a RAG Leader, elected by STV election.

4.3. The RAG leader shall report on a regular basis to the Vice President Activities and

Development, on the day to day management of the program.

4.4. The responsibilities of the RAG Leader shall include

4.4.1. To recruit a team of RAG volunteers

4.4.2. To plan RAG activities

4.4.3. To report to and advise the Executive Committee on their nominated charities

4.5. The executive committee may nominate up to three selected charities in Semester 2 of the

previous academic year.

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Regulation 5:

General arrangements for Students’ Union Committee and

General Meetings

1. Chairing of meetings

1.1. Chairs and Vice Chairs of all Students’ Union Committee Meetings (except where stated

prescribed elsewhere in these regulations) shall be elected annually at the first meeting of

the committee.

1.2. Before the meeting the Chair shall:

1.2.1. Have an understanding of the powers of the meeting they are responsible for

1.2.2. Be familiar with the policy file associated with the committee

1.2.3. Liaise with the President / General Manager or relevant Union staff member on the

composition of the agenda to ensure the scheduling of any operational business

requirements

1.2.4. Meet with the contributors to the agenda and have knowledge of the topic under

discussion.

1.2.5. Ensure they have a knowledge of any governance, legal or operational matters

related to the topic under discussion

1.2.6. Use judgement and consult where necessary to ensure the agenda is prioritised to

allow time for more important business

1.2.7. Ensure that enough time is allowed to complete the meeting within the time posted

in the notice

1.2.8. Ensure that contributors whose business was not included in the agenda are given a

full reason in writing as to why it has not been included

1.3. During the meeting the Chair shall:

1.3.1. Confirm the quoracy requirements of the meeting

1.3.2. Be impartial and shall not participate in debate

1.3.3. Ensure the meeting adheres to the time allowed

1.3.4. Advise the meeting when required on the relevant law relating to students’ unions,

terms of reference for the meeting, the constitution and regulations, officer Staff

protocols and procedural motions as required

1.3.5. Ensure the meeting is orderly

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1.3.6. Ensure that equal opportunities policy and procedures are followed in all aspects of

the servicing of the meeting

1.3.7. Ensure that standing orders and the order of debate are followed

1.3.8. Have the power to suspend a meeting for 5 minutes if its conduct becomes

disorderly;

1.3.9. Shall ensure an equitable time allocation is given for arguments for and against a

motion

1.3.10. Shall ensure only one speaker is speaking at a time

1.3.11. Shall encourage those who have not contributed to a meeting to participate, while

maintaining impartiality in encouraging contributions from all sides.

1.3.12. Shall not permit more than one motion amendment or procedural motion to be

placed before the meeting concurrently

1.3.13. Shall move procedural motions alone when there is no dissent

1.3.14. Shall have the power in consultation with the meeting to introduce a time-limit on

matters under discussion

1.3.15. Shall have the power to move the meeting to a vote

1.3.16. Shall have the casting vote in the case of equal votes for and against a motion, but

shall vote in accordance with normal parliamentary practice for ‘no change’ where

possible.

2. Order of debate

2.1. When considering any policy motion or proposal, the order of speeches shall be:

2.1.1. A speech for the proposal

2.1.2. A speech against the proposal

2.1.3. An equal number of speeches for and against the proposal;

2.1.4. Speeches around the proposal

2.1.5. A speech summating on the proposal

3. Procedural motions

3.1. A procedural motion may be moved between speeches by one member.

3.2. Procedural motions on the topic under discussion may not be moved after the summation

in the order of debate has taken place.

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3.3. Procedural motions shall have priority over all other business. No procedural motion may

be moved while a procedural motion is being considered .

3.4. Procedural motions should be may accompanied by a speech of not more than one minute,

for and against the procedural motion followed by a vote.

3.5. The following procedural motions shall require a simple majority to be effected:

3.5.1. That the meeting move immediately to the summation and the vote on the main

motion or amendment

3.5.2. That specified points of an item or motion be debated and/or voted on in parts;

3.5.3. That specified points of a report be rejected and/or referred back to be rewritten

and resubmitted to the next meeting

3.5.4. That a meeting move into closed (not in camera) session an instruction non

committee members to leave the meetingThat a guest speaker be invited to address

the meeting for a specified period at a specified point in the meeting

3.5.5. At the start of the meeting (before confirmation of matters for any other business)

the agenda be amended to take a specified item on the agenda at a specified point

3.5.6. That a specified number of extra speeches be taken for and against the proposition.

3.6. The following procedural motions shall require a two thirds majority to be effected:

3.6.1. That the matter not be discussed, and the next item be considered

3.6.2. That a motion or question be referred to a named body, official or Officer of the

Students’ Union for consideration

3.6.3. That the meeting challenges the Chairs ruling, which shall be reconsidered so that

the Chairperson may take the speech against

3.6.4. That the discussion or debate on an item be extended for a period not exceeding 10

minutes except that this shall not go beyond the closing time of the meeting

4. Voting

4.1. Voting shall be the method used to take all major decisions within meetings.

4.2. Voting shall take precedence over everything except a point of order concerning the vote.

4.3. Each member of a meeting shall normally have one vote. Those in attendance shall not have

a vote.

4.4. Except were stated in the Constitution or Regulations the Chair of a meeting shall not vote

during the meeting but may have the casting vote in the case of a tied decision.

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4.5. A simple majority vote shall be required in all votes, except that a two-thirds majority shall

be required to:

4.5.1. Decide policy of the Students’ Union

4.5.2. Mandate the Executive Committee or individual Students’ Union Officers

4.5.3. Block decisions of the Executive Committee

4.5.4. Censure or commend individual Students’ Union Officers

4.5.5. Seek to remove a Students’ Union Officer or Elected Official

4.5.6. Overturn the decision of a subgroup reporting to the meeting with delegated

responsibilities

5. Annual General Meeting

5.1. An annual General meeting shall be called in accordance with clause 21 of the Constitution.

5.2. Notice shall be given in writing at least 14 clear days in advance of the meeting. This shall

include a notice:

5.2.1. On the front of the Students’ Union premises,

5.2.2. On the front page of the Students’ Union Website and

5.2.3. Messages communicated via the electronic forms of communication used by the

Students’ Union to conduct its day to day business.

5.3. The contents of the notice shall include:

5.3.1. A clear statement that it is an Annual General Meeting

5.3.2. The place, day and time of the meeting

6. General Meetings

6.1. General meetings may be called by the Trustee Board or by Union Council. In the case of

Union Council it shall require a 66% majority in favour of a General Meeting being held

6.2. Notice shall be given in writing at least 14 clear days in advance of the meeting. This shall

include a notice:

6.2.1. On the front of the Students’ Union premises,

6.2.2. On the front page of the Students’ Union Website and

6.2.3. Within messages communicated via the electronic forms of communication used by

the Students’ Union to conduct its day to day business.

6.3. The contents of the notice shall include:

6.3.1. A clear statement that it is a General Meeting

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6.3.2. The place, day and time of the meeting

7. Trustee Meetings

7.1. All Trustee meetings must be called in accordance with the Constitution

7.2. Every notice calling a Trustees meeting shall specify the place, day and time of the meeting

and general particulars of all business to be considered at such meeting.

7.3. Agreed minutes of each meeting will be made available online to members within 7 working

days of the meeting at which they were agreed.

7.4. By a simple majority vote Trustees may hold all or part of a meeting “in camera” with all or

part of the minutes or papers as classified as reserved business.

7.5. During the annual meetings cycle Trustees will consider:

7.5.1. The Annual Report and Accounts

7.5.2. The Health and Safety Policy and Procedures

7.5.3. The Unions Risk register

7.5.4. Union Affiliations

7.5.5. Union Donations

8. Executive Committee Meetings

8.1. The President shall:

8.1.1. Ensure the Executive Committee meets in accordance with the regulations

8.1.2. Act as interim Chair of the first meeting of the Executive Committee and oversee

the election of a Chair and Vice Chair following welcome and apologies at the first

Executive Committee meeting. The Executive committee may choose to elect the

Vice-Chair on a temporary revolving basis.

8.1.3. Receive complaints about the conduct of the Executive Committee on behalf of the

Union Council /Trustee Board

8.2. The Chair of the Executive Committee shall:

8.2.1. Ensure the Executive Committee fulfils its responsibilities including following the

direction of Union Council and Union General Meetings

8.2.2. On behalf of the Executive Committee invite the General Manager or other Union

staff member as agreed with the General Manager to attend an Executive Committee

meeting

8.2.3. Ensure arrangements are in place for minutes to be taken of the meeting

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8.2.4. Ensure arrangements are in place for the agreed minutes to be published and

available to members

8.3. Executive Committee meetings shall adhere to the following:

8.3.1. Take place at least once every four weeks during term time and allowing for exams

8.3.2. Have at least four clear working days’ notice. Notice shall be sent by electronic

format to all committee members and shall include the time, date, venue of the

meeting, agenda and papers

8.3.3. Papers relating to an item of business circulated after the agenda may be tabled at

the meeting subject to the approval of the Chair

8.3.4. Items for any other business should be discussed with the Chair in advance of the

meeting. The Chair should inform the meeting of the items to be discussed at the start

of the meeting. New items may be added to any other business once the meeting has

commenced at the discretion of the Chair

8.3.5. Be conducted in accordance with the powers outlined within the constitution and

regulations, the law, Union policies and procedures

8.3.6. Decisions shall be made by majority vote. The Chair shall not have a vote in the

meeting but may in the case of an equal amount of votes for and against have the

casting vote

8.3.7. All items/papers shall be considered open and may not be discussed “in camera”

without the prior agreement of the President and Trustee Board Secretary

8.3.8. Quoracy shall be 50% plus 1 of the Executive Committee office holders

8.4. The Executive Committee shall have the following standing orders:

8.4.1. Welcome and apologies

8.4.2. Confirmation of matters for any other business

8.4.3. Agree the accuracy and approve the minutes of the last meeting

8.4.4. Note any matters arising from the minutes not covered on the agenda

8.4.5. Note any conflicts of interest with the Chair

8.4.6. Items specially brought forward by the chair

8.4.7. Items/papers to receive consider discuss approve

8.4.8. Note items for information

8.4.9. Any other business

8.4.10. Date of the next meeting

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Regulation 6:

Complaints and Disciplinary procedures

1. Complaints procedure

1.1. The Students’ Union will at all times have a published complaints procedure online

1.2. The complaints procedure shall cover:

1.2.1. All aspects of Students’ Union services delivery

1.2.2. Conduct of Officers

1.2.3. Conduct of members

1.2.4. Conduct of Students’ Union staff

1.3. For the sake of clarity it shall not conflict with the complaints procedure for Students’

Union Executive Committee and NUS Annual Conference Delegate elections which are

subject to Bye law 2

1.4. A report on complaints shall be compiled annually and made available to the Trustee Board

2. Disciplinary arrangements.

2.1. The Students’ Union Trustee Board shall have the power to establish a Disciplinary Panel

and a Disciplinary Appeals Panel to consider complaints made by any person against any

ordinary, affiliate or opted out member of the Students’ Union or any Students’ Union

office holder.

2.2. In respect of any ordinary, affiliate, opted out (in accordance with the Education Act

1994) member it shall include complaints based upon:

2.2.1. Misconduct on Students’ Union premises or at events or activities

organised by the Students’ Union elsewhere

2.2.2. Misconduct on premises of organisations associated with the Students’

Union under reciprocal or other agreements.

2.2.3. Any form of personal harassment and or bullying

2.2.4. Actions contrary to the Constitution, byelaws, regulations and values of the Students’

Union.

2.3. in respect of any office holder (full or part-time) it shall include complaints based upon:

2.3.1. Misconduct on Students’ Union premises or at events or activities

organised by the Students’ Union elsewhere

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2.3.2. Misconduct on premises of organisations associated with the Students’

Union under reciprocal or other agreements

2.3.3. Any form of personal harassment and or bullying

2.3.4. Actions contrary to the Constitution, byelaws, regulations and values of the Students’

Union

2.3.5. In the case of remunerated Office holders that they fail to perform in line with the

terms and conditions of their employment contract

2.3.6. In the case of all office holders that they fail to perform in line with the role

description & responsibilities of the office they hold

3. Powers of the disciplinary panels:

3.1. Disciplinary Panels shall have the power to:

3.1.1. Dismiss the complaint

3.1.2. Issue a verbal or written warning

3.1.3. Request a verbal or written apology

3.1.4. Direct an office holder to complete a specified undertaking

3.1.5. Exclude any persons from the Students’ Union premises permanently or for a

specified time

3.1.6. Exclude any persons from Students’ Union activities or services permanently or for a

specified time

3.1.7. Revoke membership of the Students’ Union, any Students’ Union society or

Students’ Union group permanently or for a specified time

3.1.8. Revoke or restrict powers of an office holder permanently or for a specified time

3.1.9. Remove an individual from office

3.1.10. Revoke any privilege, benefit or entitlement created under the Constitution and

regulations permanently or for a specified time

3.1.11. At the request of the Chair suspend any powers, rights or privileges, access to

premises services or activities for a reasonable specified time, while an investigation

takes place

3.1.12. Refer the matter to the University for further disciplinary action or the police for

investigation

3.2. Disciplinary Appeals Panels shall have the power to:

3.2.1. Consider appeals to the decision of the Disciplinary Panel on the grounds that:

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3.2.1.1. There was procedural impropriety in the original hearing,

3.2.1.2. That the decision of the panel was irrational or illegal

3.2.2. To overturn the decision of the Disciplinary Panel

3.2.3. To confirm any of the sanctions available to the Disciplinary Panel

4. Membership of the Disciplinary Panels:

4.1. The Disciplinary Panel shall include:

4.1.1. At least three appointed trustees; one of whom shall chair

4.1.2. At the request of the Chair an external member who is not a member of the

University Community

4.1.3. The Trustee Board Secretary in an advisory and non-voting capacity

4.1.4. At the request of the Chair a University staff member in an advisory and non-

voting capacity

4.2. No member of the panel shall have been involved with the matter under consideration

4.3. The Disciplinary Appeals Panel shall include:

4.3.1. At least two appointed trustees; one of whom shall chair

4.3.2. One external member who is not a member of the University community

4.3.3. A University staff member in an advisory and non-voting capacity

4.4. No member of the panel shall have been involved with the matter under consideration

5. Procedures for Disciplinary Panels:

5.1. Stage one Disciplinary Panel

5.1.1. The Disciplinary Panel shall normally be convened within fifteen working days of the

written complaint being received by the General Manager

5.1.2. The Chair of the Disciplinary Panel shall ensure that the complainant and

respondent are advised in writing of the time and place of the Panel meeting, and of

their right to provide any written statements, evidence or witnesses.

5.1.3. It shall be the responsibility of the complainant and respondent to

make arrangements for the attendance of any witnesses that they wish to call.

5.1.4. The respondent and complainant shall have no less than ten days written notice

of the Disciplinary Hearing.

5.1.5. Any written statements, evidence, and names of witnesses who are to be called,

shall be given to the Chair of the Disciplinary Panel five days prior to the hearing and

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should be made available to the complainant, respondent and members of the

Disciplinary Panel no less than three days prior to the hearing.

5.1.6. If the complainant or respondent fail to attend the hearing, the Discipline

Panel may proceed to consider the complaint in their absence.

5.1.7. The panel shall operate in accordance with the following procedure:

5.1.7.1. The Panel shall introduce themselves

5.1.7.2. The Chair shall outline the procedure

5.1.7.3. The complainant shall present details of the complaint and their witnesses

5.1.7.4. The respondent and the panel shall have an opportunity to question

them before each witness leaves

5.1.7.5. The respondent shall present their response and their witnesses

5.1.7.6. The complainant and the panel shall have the opportunity to question

them before each witness leaves

5.1.7.7. The complainant shall be given the opportunity to make a final statement

5.1.7.8. The respondent shall be given the opportunity to make a final statement

5.1.7.9. The chair will close the hearing

5.1.8. The complainant and respondent shall be given written notification of the Panel’s

decision within 3 working days of the meeting, and of her/his right to appeal against

that decision.

5.2. Stage two Disciplinary Appeals Panel

5.2.1. The complainant or respondent may appeal against the decision of the

Disciplinary Panel may only be made on the following grounds:

5.2.1.1. There was procedural impropriety in the original hearing,

5.2.1.2. That the decision of the panel was irrational or illegal

5.2.2. Notice of appeal, specifying on which of the above grounds the appeal is made,

should be given in writing to the Secretary of the Trustee Board within ten days of

notification of the panel decision.

5.2.3. The Secretary of the Trustee Board shall refer the appeal to the Disciplinary Appeal

Panel.

5.2.4. The panel shall operate in accordance with the following procedure:

5.2.4.1. The Panel shall introduce themselves

5.2.4.2. The Chair shall outline the procedure

5.2.4.3. The complainant shall present details of the grounds for appeal

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5.2.4.4. The Chair of the original Disciplinary Panel shall be the respondent

5.2.4.5. The Panel shall question the complainant and respondent

5.2.4.6. The complainant shall be given the opportunity to make a final statement

5.2.4.7. The respondent shall be given the opportunity to make a final statement

5.2.4.8. The chair will close the hearing

5.2.5. The complainant and respondent shall be given written notification of the Panel’s

decision within three working days of the meeting

5.2.6. The decision of the Appeals Panel shall be final.

5.3. General arrangements for Disciplinary Panels

5.3.1. The Panel shall be empowered to require the complainant and respondent to

attend and make a statement regarding the complaint, except in cases of individual

harassment or attack where the complainant may be granted the right to make a

written statement only.

5.3.2. In the case of a motion of no confidence or censure the proposer of the motion

shall be the complainant

5.3.3. The Chair may request additional information from the complainant or respondent

in advance of a hearing

5.3.4. Ordinary Members may be accompanied by, or represented by, another Ordinary

Member or a member of Students Union staff/volunteer Adviser acting as their

representative at Panel hearings.

5.3.5. The summary of proceedings shall be confidential to Panel members,

complainants and respondents. The decision of Panels may be published in such way as

the Trustee Board determine.

5.3.6. Should the requisite number of trustees not be available the board may delegate this

function to individuals with appropriate sector knowledge who are not members of the

University Community

5.3.7. A record of proceedings and the decision of the Panel shall be recorded by a

member of Students’ Union staff, who shall attend the Panel. Minutes shall be available

to the complainant and respondent on request

5.3.8. The Chair shall normally consult with the Trustee Board Secretary before

suspending any powers, rights or privileges, access to premises services or activities

for a reasonable specified time, while an investigation takes place. The respondent

shall be given written notice outlining the reason for this suspension within three

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Constitution and Regulations of City University London Students’ Union

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working days of the suspension taking effect. There shall be no appeal to this

suspension.

5.3.9. The decision of the Disciplinary Panel shall be deemed upheld until the outcome of

the Disciplinary Appeal panel is resolved

5.3.10. If any member breaches the terms of any exclusion from premises, services or

activities of the Students’ Union, the Chair of the Disciplinary Panel shall be

empowered to

5.3.10.1. extend the exclusion for a period not exceeding the full length of the original

exclusion or

5.3.10.2. refer the matter to the University for consideration under the University

Discipline Regulations.

5.3.11. The Panel’s meeting shall be held “in camera” except for the presence of those

presenting evidence at a given moment

5.3.12. In the case of a motion of no confidence a resolution to remove an officer from post

shall not be considered by the Disciplinary Committee unless the Officer concerned

has been given at least 14 clear days’ notice in writing that the resolution is to be

proposed, specifying the circumstances alleged to justify removal from office, and has

been afforded a reasonable opportunity of being heard.