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Bye-Laws of the Students Association

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					Bye-Laws of the Students Association
      GLOSSARY
      LGBT Lesbian, Gay, Bisexual and Trans Officer
      SRC  Students Representative Council
      MAPS Mature and Post-Graduate Students
      RAG Charities (originally Raising and Giving)
      SIAC Student Interest and Activities Committee
      CSC  Commercial Services Committee

1     MEMBERSHIP

1.1   Honorary Membership

      The Association may grant Honorary Membership to any person or persons who have made a
      significant contribution in furtherance of the aims of the Association.

      Nominations for Honorary Membership must be endorsed by 25 Ordinary Members of the
      Association, and must be approved by resolution of a General Meeting before such a
      membership is granted.

      The Secretary will publicise all nominations for Honorary Membership, together with their
      associated testimonials.

      The following persons shall be Honorary Members, ex-officios:

      a.     The Chancellor
      b.     The Principal
      c.     The Chairman of the Court
      d.     Such other members of the Court as the Council may from time to time determine.
      e.     The Secretary of the University
      f.     The President of the Watt Club
      g.     The Patron of the Association

1.2   Life Membership

      The following persons shall be eligible, on payment of a single subscription at a rate
      determined by the Council, for Life Membership:

      a.     Any person, in receipt of a degree or diploma of the University, after successful
             completion of a course of study at the University.
      b.     Any person whose nomination for Life Membership is approved by resolution of
             Council.

      The following persons shall be granted a Life Membership, unless otherwise determined by
      the Council:

      c.     Retiring Honorary President
      d.     Retiring President and Vice-President
      e.     Retiring Chancellors, Principals and Secretaries of the University.
      f.     Presidents of the Scottish University Students Associations            and   Student
             Representative Councils.

      The Council may confer Life Membership upon persons who have contributed to the aims of
      the Association. Any nomination shall be supported by a petition signed by not less than ten
      members of the Council. Such a membership shall be granted if passed by at least two-thirds
      of those present and voting.




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1.3   Associate Membership

      The following persons shall be eligible, on payment of an annual subscription at a rate to be
      determined by the Council, for Associate Membership:

      a.      Any member of the University.
      b.      Matriculated students who have exercised their right under section 22(2) (c) (i) of Part
              II of the Education Act 1994 not to be Ordinary Members.
      c.      Matriculated students of such colleges of further education as may be approved by
              Council.
      d.      Spouses of members of the Association
      e.      Such other categories of person as Council may approve.

1.4   Patrons

      The Council, on the nomination of the President, shall appoint Patrons of the Association, not
      exceeding ten in number, who shall serve for two years from the date of their appointment.
      Patrons shall be eligible for re-appointment. The Patrons shall advise the Association on
      matters affecting its interests.

1.5   Reciprocal Membership

      The Association may enter into, amend, suspend or terminate reciprocal agreements with
      other organisations for the mutual benefit of members. The Association may as part of such
      an agreement, and where it is permitted under the Licensing (Scotland) Act (1), admit
      members of the reciprocal organisation as Reciprocal Members of the Association subject to
      such limitations as maybe agreed.

1.6   Eligibility of Membership

      In the case of any person being eligible for two or more categories of membership, they shall
      be deemed to hold Ordinary, Honorary, Life, Associate or Reciprocal Membership in that
      order of preference.

1.7   Maximum non-voting Membership

      The number of Life, Associate and Honorary Members shall not exceed 40% of the Ordinary
      Membership.

1.8   Petitions by members

      For the purposes of these Bye-Laws a petition or nomination signed by members of the
      Association, must in addition bear the name and matriculation number of each signing
      member.

2     COUNCIL

2.1   Composition

      The following shall be members of Council:

      a.      Honorary President
      b.      Members of the Executive Committee
      c.      The Office-Bearers of the Association, as specified in Bye-Law 5
      d.      Representatives of the Association Volunteers as specified in Bye-Law 8
      e.      The Charities Officer, or his/her nominee.
      f.      The Environmental and Ethical Officer or his/her nominee.
      g.      The President of the Sports Union or his/her nominee
      h.      The Immediate Past President.

      Members may only hold one position on Council. If a member is elected to a second position
      they will be deemed to have resigned from the first position held.

3.    COMMITTEES OF THE ASSOCIATION

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3.1   Co-option to Standing Committees

      The Standing Committees of Council, with the exception of Executive and Disciplinary, may
      by a two-thirds majority vote of its core membership co-opt members of the Association to its
      number. Such co-opted members shall be entitled to a vote in all matters excepting the
      appointment or dismissal of co-opted members.

3.2   In Camera Matters

      All committees shall be open to all members of the Association except that the committee
      may move in Camera to discuss the following subjects:

      a.      Appointment, promotion, dismissal, salary or conditions of service, or conduct of any
              staff employed by the Association.
      b.      Commercial confidences.
      c.      Security of premises, equipment and monies.
      d.      Matters relating to the welfare of individual students.

3.3   Dismissal of Members

      The committee may dismiss any co-opted member; this action will require a two-thirds
      majority resolution of the core membership. The parent body may dismiss any ordinary or co-
      opted member of a committee from that committee; this action will require a two-thirds
      majority.

      Any member of a committee, who has been absent from two consecutive statutory meetings
      of the committee, without submitting apologies, may be dismissed from that committee.

3.4   Casual Vacancies

      Vacancies occurring among the Ordinary Membership of a committee, due to resignation or
      dismissal, shall be filled by a by-election held at the next statutory meeting of the parent body.

3.5   Standing Orders

      The Standing Orders of Council shall be binding on all committees of the Association.

3.6   Right of referral

      The Secretary of the Association may with the agreement of the Honorary Lawyer, refer to the
      parent body for review any decision of a committee where the committee has acted outside its
      powers or in contravention of the Association rules.

3.7   Ad Hoc Committees

      Council or a General Meeting of the Association may by two-thirds majority establish an Ad
      Hoc Committee to advise on or investigate part of the parent body's remit. The committee
      shall exist until dissolved by a two-thirds majority resolution of the parent body, or
      automatically on completion of its remit.

4.    STANDING COMMITTEES

4.1   Eligibility to be elected to Standing Committees

      Where Council Standing Committee membership below specifies members elected from
      Council, only those members on Council by virtue of paras. 2.1 c) to h) above shall be eligible
      for election.




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4.1.1   Vacation Committee

        Convener:         President
        Membership: All Office Bearers of the Association
        The retiring Office Bearers of Association shall be co-opted members of this committee.

        During the summer vacation, the committee shall be responsible for:

        a.      Acting for and on behalf of Council.
        b.      Arranging for the training of the Office-Bearers and continuing of Association affairs.
        c.      Reviewing the state of the Association, and the preparation of a strategy for the
                following year.

4.1.2   Executive Committee

        Convener:       President
        Membership:     Vice-President (Education & Welfare)
                        Vice-President (Services & Communications)
                        Vice-President (SBC)
                        Secretary
                        Treasurer
                        Equal Opportunities Officer

        The Executive Committee shall be responsible for

        a.      The management and administration of the business of the Association, and
                responsibility for the execution of mandates from Council.
        b.      Leading the strategic planning procedure within the Association
        c.      Relations with media and general public and corporate image
        d.      Management and development of the central resources of the Association.
        e.      Licensing and safety of Association activities, premises and equipment.
        f.      Appointment, pay, conditions of services, grievances and discipline of Association
                staff.
        g.      Acting as the Disciplinary Appeals Committee.

        The Executive shall have the power to act on behalf of Council between meetings of Council
        and on behalf of Council Sub-Committees between their meetings.

4.1.3   Finance Committee

        Convener:       Treasurer
        Membership:     President
                        5 Members elected from Council

        The Finance Committee shall be responsible for:

        a.      Reviewing and maintaining the financial records of the Association, initiating any
                investigative or corrective action deemed necessary.
        b.      Maintenance of financial controls.
        c.      Drafting and preparation of submissions in support of, and annual budget for approval
                by Council.
        d.      Representations to external bodies in support of increased Association funding.
        e.      Investment and management of the capital reserves of the Association.




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4.1.4   Academic Committee

        Convener:       Vice-President (Education & Welfare)
        Membership:     President
                        A Postgraduate co-opted by the Committee
                        The School Officers as specified in Bye-Law 9

        The Academic Committee shall be responsible for the following:
        a.     all aspects of representation on the academic issues including monitoring,
               co-ordinating initiatives and responding to academic changes in the University.
        b.     liaison with School Staff-Student Committees.

4.1.5   Steering Committee

        Convener:       Secretary
        Membership:     President
                        Vice-President (Services & Communications)
                        Disciplinary Convener
                        4 Members elected from Council

        The Steering Committee, shall be responsible for:

        a.      Organisation of, and communication between the General Meeting, Council and
                Committees of the Association.
        b.      Membership of the Association.
        c.      Maintenance of the rules, minutes and records of the Association.
        d.      Supervision of the disciplinary procedures of the Association.

4.1.6   Disciplinary Committee

        Membership:     5 Members elected from Council

        The Convener shall be elected from and by the members of the Committee at the first
        meeting.

        The Disciplinary Committee shall be responsible for exercising discipline over the members of
        the Association in accordance with the rules of the Association.

4.2     Jurisdiction

        The following committees shall be responsible for issues on either the Edinburgh or the
        Scottish Borders Campus as specified.

4.2.1   Commercial Services Committee

        Convener:       Vice-President (Services & Communications)
        Membership:     President
                        Treasurer
                        Services Officers, as defined in Bye-Law 5.15
                        3 Members elected from Council

        The Commercial Services Committee shall be responsible for the following at the Edinburgh
        Campus:

        a.      Management and development of all Association trading concerns.
        b.      Provision of entertainments to members of the Association.
        c.      Maintenance and refurbishment of all Union Buildings and trading premises, together
                with their associated fitments and fixtures.
        d.      Publicity of the trading concerns and entertainments of the Association




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4.2.2   Student Interests & Activities Committee

        Convener:       Vice-President (Education & Welfare)
        Membership:     Societies Convener
                        Charities Officer
                        Environmental and Ethical Officer
                        Vice-President (Services & Communications)
                        2 Members elected from Council

        The Student Interests & Activities Committee shall be responsible for the following at the
        Edinburgh Campus:

        a.      To develop and market non-commercial activities of the Association
        b.      Maintain broad communication and sharing of information between non-commercial
                side of operations and Entertainments
        c.      To oversee all aspects of general volunteering.
        d.      To formulate and shape policy on volunteering e.g. use of meal vouchers, general
                volunteer training events, and to maintain the Association’s adherence to the
                Volunteer Standards
        e.      To provide support to the projects of Corporate Affiliated Bodies and other student
                activities groups or committees where appropriate.
        f.      To ensure the continuation of key non-commercial activities and projects in the
                absence of an appropriate Convener or Officer.

4.2.3   Galashiels SRC

        Convener:       Vice-President (SBC)
        Membership:     President or his nominee,
                        4 Galashiels SRC Officers
                        School of Textiles and Design Officer elected under bye-law 9

        The Galashiels SRC shall be responsible for:

        a.      Policy and direction of services and facilities at Scottish Borders Campus
        b.      Representing the students at Scottish Borders Campus to the management of the
                Scottish Borders campus
        c.      Providing input to the Association on the views of the students at Scottish Borders
                Campus.

4.2.4   Societies' Committee

        Convener:       Societies' Convener
        Membership:     A Sabbatical Officer selected by the Executive
                        The Association Finance Officer
                        The Association Administrator

        The Societies Committee shall be responsible for the following on the Edinburgh Campus:

        a.      Affiliating Societies according to the provisions of Bye-Law 16.1.
        b.      Disbursing funds to societies
        c.      Setting and implementing policy to enable societies to carry out their activities




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4.2.5    International Committee

         Convener:       International Convener,
         Membership:     Vice-President (Education & Welfare)
                         1 representative from each International Society
                         2 Members elected from Council

         The committee shall seek to co-opt from nationalities not otherwise represented on the
         committee.

         The International Committee shall be responsible for:

         a.      Increasing the participation of International students.
         b.      Expressing the views of International students
         c.      Representation on all matters affecting International students.
         d.      Creating a social programme for International students.

4.2.6    Campaigns Committee

         Convener:       Vice-President (Education & Welfare)
         Membership:     President
                         Equal Opportunities Officer
                         International Officer
                         Mature and Postgraduate Officer
                         Lesbian, Gay, Bisexual and Trans Officer
                         Disabled Students Officer
                         Black Students Officer
                         Women’s Officer
                         1 Member elected from Council

         The Welfare and Campaigns Committee shall be responsible for the following at the
         Edinburgh Campus:

         a.      Co-ordination of the campaigning work of the Association in the areas of Welfare,
                 Special Interests, Equal Opportunities and such other areas as Council may from
                 time to time decide.
         b.      Promoting Equal Opportunities within the Association and the University.
         c.      To discuss issues arising in the absence of an appropriate Convener.

4.2.7.   Equal Opportunities Committee

         Convener:       Equal Opportunities Officer
         Membership:     Women’s Officer
                         LGBT Officer
                         Disabled Students Officer
                         International Officer
                         Mature and Postgraduate Officer
                         Black Students Officer

         The Equal Opportunities Committee is responsible for the following:

         a.      Promoting equal rights, opportunities and services for all students within the
                 Association's activities and liaising with the University and outside bodies on matters
                 of equal opportunities.
         b.      Discussion of issues surrounding equal opportunities and liberation. Raising concerns
                 about equal opportunities to the Executive of the Association.

5.       OFFICE-BEARERS OF THE ASSOCIATION

         The Office-Bearers of the Association and their remits shall be as follows:




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5.1   Honorary President:

      Who shall be responsible for:

      Assisting the President to promote the aims of the Association and the interests of its
      members, through representations to the media, general public, University and external
      bodies.

5.2   President:

      Who shall be a Sabbatical Office-Bearer, responsible for
      a.    Promoting the aims of the Association and the interests of its members, through
            representations to the media, general public, University and external bodies.
      b.    Co-ordination of the internal and external activities of the Association.
      c.    Relations with the media and general public, and corporate image.
      d.    Management and development of the central resources of the Association.
      e.    Appointment, pay, conditions of services, grievances and discipline of Association
            staff.
      f.    Licensing and safety of Association activities, premises and equipment.

5.3   Vice-President (Education & Welfare)

      Who shall be a Sabbatical Office-Bearer, responsible for:

      a.      Deputising, with consent of the President, during his/her absence
      b.      Advice, campaigns and the provision of information to members on issues affecting
              students' rights, education and any other aspect of student welfare.
      c.      Representation of Association members to the University through committees and
              any other appropriate means or body.
      d.      Supervision and development of the Association's Advice and Support Centre, in
              conjunction with its staff.
      e.      Promotion of equal rights and opportunities for members of the Students' Association
      f.      Supervision of hardship loan scheme of the Association.
      g.      Production and editorial control of the Association Handbook.

5.4   Vice-President (Services & Communications):

      a.      Management and development of all Association trading concerns.
      b.      Provision of entertainments to members of the Association.
      c.      Maintenance and refurbishment of all trading premises, together with their associated
              fitments and fixtures.
      d.      Publicity of the trading concerns and entertainments of the Association.
      e.      Communications with the membership including E-communication and marketing the
              Association.
      f.      Association sponsorship and advertising in Association publication
      g.      Supervision of Watts On (NB Editorial Control would be the responsibility of the
              Association Editor).

5.5   Vice-President (SBC)

      Who shall be a sabbatical, responsible for:

      a.      Policy and direction of services and facilities at Scottish Borders Campus
      b.      Representing the students at Scottish Borders Campus to the management of the
              Scottish Borders campus
      c.      Providing input to the Association on the views of the students at Scottish Borders
              Campus
      d.      All other cross-Association duties allocated from time to time by the Executive




                                                      Bye-Laws as at February 2009 - Page 18
5.6    Secretary:

       Who shall be responsible for:

       a.      Organisation of, and communications between the General Meeting, Council and
               committees of the Association.
       b.      Membership of the Association.
       c.      Maintenance of the rules, minutes and records of the Association.
       d.      Supervision of the disciplinary procedures of the Association.

5.7.   Treasurer:

       Who shall be responsible for:

       a.      Reviewing and maintaining the financial records of the Association, initiating any
               investigative or corrective action deemed necessary.
       b.      Maintenance of financial controls.
       c.      Drafting, and preparation of submissions in support of, an annual budget for approval
               by Council.
       d.      Representations to external bodies in support of increased Association funding.
       e.      Investment and management of the capital reserves of the Association.

5.8    Equal Opportunities Officer

       Who shall be responsible for:

       a.      Ensuring that all students are represented within the Association's decisions, policies
               and activities regardless of background and that broad and active participation is
               encouraged.
       b.      Relaying issues raised at the Equal Opportunities Committee with the Executive
               Committee, ensuring that a satisfactory outcome is reached and reporting these
               solutions back to the Equal Opportunities Committee.
       c.      Assisting with the organisation and management of campaigns organised by other
               members of the Equal Opportunities Committee on their request.
       d.      Attending relevant committees within the University as delegated by the Executive.
       e.      Convening regular meetings of the Equal Opportunities Committee.

       It is not within the power of the Equal Opportunities Officer to mandate any other officer to
       perform a specific task or run a particular campaign.

5.9    Watt’s On Editor

       Who shall be responsible for:

       a.      Editorial control of Association magazine/newspaper
       b.      Production of the Association magazine/newspaper.
       c.      Distribution of the Association magazine/newspaper to members of the Association.
       d.      Providing a structure for the expression of the views of the members of the
               Association through the Association magazine/newspaper.

5.10   Societies' Convener:

       Who shall be responsible for the following on the Edinburgh Campus:

       a.      Representation of the interests of affiliated societies and their members, within the
               Association.
       b.      Provision of advice and financial support to affiliated societies.
       c.      Oversee publication of an annual handbook and organisation of the Freshers' Fayre.




                                                        Bye-Laws as at February 2009 - Page 19
5.11   Charities Officer

       Who shall be responsible for the following on the Edinburgh Campus:

       a.    The overall organisation of all charities events and the delegation of any aspects of this
             organisation
       b.    To represent and liaise with outside bodies regarding both charities and community
             action work.

5.12   Women’s Officer

       Who shall be responsible to Council for:

       a.      Production of materials and resources to inform and educate all students about the
               nature of discrimination against women.
       b.      Scrutinising both the Association and the University Equal Opportunities policies to
               protect the rights of and promote the involvement of women; ensure that the Equal
               Opportunities policy is properly implemented at all times.
       c.      Work with the NUS and NUS Scotland Women’s Campaigns.
       d.      Ensuring that HWUSA engages in the democratic processes of the NUS and NUS
               Scotland Women’s Campaigns, for example, submitting motions and/or sending
               delegates to conference.
       e.      Running appropriate campaigns specific to women students.
       f.      Convening regular meetings for female students interested in the Women's Campaign
               to assist her in her work.

5.13   International Convener:

       Who shall be responsible for the following on the Edinburgh Campus:

       a.      Increasing the participation of international students.
       b.      Representation, campaigns, and the provision of information and advice on all
               matters affecting International Students
       c.      Creating a structure within the Students Association to encourage the expression of
               international students' views.
       d.       Assisting in the creation of a social programme for International Students
       e.      Liaise with outside bodies on issues affecting International Students.

5.14   Lesbian, Gay, Bisexual and Trans Officer

       Who shall be responsible for the following on the Edinburgh Campus:

       a.      Representation, campaigns and the provision of information and advice of all matters
               affecting lesbian, gay, bisexual and transgendered students.
       b.      Assisting in the creation of a social programme for lesbian, gay, bisexual and
               transgendered students.
       c.      Encouraging an atmosphere within the University, which allows lesbian, gay, bisexual
               and transgendered students to be treated equally.
       d.      Liaison with outside bodies in support of lesbian, gay, bisexual and transgendered
               students.

5.15   Mature and Postgraduate Students’ Officer

       Who shall be responsible for the following on the Edinburgh Campus:

       a.      Increasing participation of Mature and Postgraduate Students.
       b.      Representation, campaigns, and the provision on information and advice on all
               matters affecting Mature and Postgraduate Students.
       c.      Assisting in the creation of a social programme for Mature and Postgraduate
               Students.
       d.      Liaise with outside bodies on issues affecting Mature and Postgraduate students.
       e.      Organise a group of Mature and Postgraduate students to help achieve the above
               aims.


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5.16    Black Students’ Officer

        Who shall be responsible to Council for:

        a.      Production of materials and resources to inform and educate all students about the
                nature of discrimination against Black Students.
        b.      Scrutinising both the Association and the University Equal Opportunities policies to
                protect the rights of and promote the involvement of Black Students; ensure that the
                Equal Opportunities policy is properly implemented at all times.
        c.      Work with the NUS and NUS Scotland Black Students’ Campaigns.
        d.      Encouraging an atmosphere within the University which allows black students to be
                treated equally.
        e.      Ensuring that the association engages in the democratic processes of the NUS and
                NUS Scotland Black Students’ Campaigns, for example, submitting motions and/or
                sending delegates to conference.
        f.      Running appropriate campaigns specific to Black Students.
        g.      Convening regular meetings for black students interested in the Black Students'
                Campaign to assist him/her in their work.

5.17    Disabled Students Officer

        Who shall be responsible for the following on the Edinburgh Campus:
        a.    Representation, campaigns and provision of information on all matters affecting
              Disabled students
        b.    Encouraging an atmosphere within the University that allows disabled students to be
              treated equally.
        c.    Advising the Association on making provision for disabled students
        d.    Liaison with outside bodies on issues affecting disabled students.

5.18    Environmental and Ethical Officer

        The responsibilities of the Environment and Ethical Officer shall include:
        a.     Overall organisation of all work surrounding environmental and ethical issues and the
               delegation of any aspects of this organisation.
        b.     To represent and liaise with the University and outside bodies regarding
               environmental and ethical concerns.
        c.     To represent the Environmental and Ethical Forum on the Executive, by invitation of
               the President, but without voting rights.
        (d.    To Chair meetings of the Environment Forum and to take day-to-day decisions on its
               behalf.

5.19    Ordinary Members of Council

        The remits of the 4 Ordinary Members of Council shall be decided by Council.

5.20    Services Officers

        The Commercial Services Committee shall decide the job titles and remits of 2 services
        officers.

5.21    Galashiels Officers

        The job titles and remits of the 4 SRC Officers shall be decided by the Galashiels SRC.

6.      ELECTION RULES

6.1     Returning Officer:

6.1.1   Designation

        The General Manager of the Association shall be the Returning Officer for the purposes of
        elections and by-elections of the Association.     The Returning Officer may appoint such
        deputies as are necessary to carry out these duties.


                                                        Bye-Laws as at February 2009 - Page 21
6.1.2   Remit

        The Returning Officer shall be responsible for:

        a.       Overseeing and co-ordinating all elections within the Students Association.
        b.       In accordance with this Byelaw setting the date for, and publicising all elections and
                 by-elections.
        c.       Supervising the counting of votes, and may on request of any candidate authorise a
                 recount of the votes.
        d.       Announcing the result of the election immediately on completion of the final count,
                 and the posting of the votes cast at each stage of the STV system, together with the
                 final result.

6.2     Disqualification of candidates

        The Returning Officer shall be empowered to disqualify any candidate, or request a re-ballot
        on the basis of:

        a.       Bribery of the electorate, Association Office-Bearers or staff.
        b.       Multiple voting.
        c.       Interference with voting or the counting of votes.
        d.       Making or circulation of defamatory statements.
        e.       Violation of such rules and financial constraints governing the conduct of elections as
                 may be specified in the Bye-Laws or approved by Council.
        f.       Conspiracy by the candidate acting in concert with others to commit any of the above
                 offences.

        The disqualified candidate may appeal in writing to the Honorary Lawyer of the Association,
        such an appeal must be lodged with the Secretary within 7 Notice Days of the Returning
        Officer's decision.

        The Honorary Lawyer's decision shall be binding on all such appeals.

6.3.    Conduct of an Election

6.3.1   Voting

        Voting in all elections shall be under the single transferable vote system.

6.3.2   Re-open Nominations

        The ballot paper for elections for office-bearers who are members of the Executive Committee
        shall contain as an option the statement "re-open nominations". For the purpose of counting
        votes the "re-open nominations" box shall be treated as a candidate. If the "re-open
        nominations" candidate is elected the vacancy shall be declared unfilled. Another election
        shall be held for the vacant position as if it was a by-election according to bye-law 10.

6.3.3   Publicity

        The following rules shall apply to the distribution of campaign material for an election.

        a.       Candidates or their representatives shall not commence electioneering until after the
                 closing date for nominations.
        b.       Candidates or their representatives shall not spend more than the budget approved
                 by Council for such an election or campaign. Receipts must be lodged with the
                 Returning Officer within one week of the election results being announced.
        c.       All literature shall clearly show the originator of the material.
        d.       Material placed over official Students Association posters shall be removed.
        e.       Persons shall not be canvassed within 20 feet of the polling station.

6.3.4   Timing of Publicity

        a.       The Returning Officer shall set and publicise the final date of each election or by-
                 election, together with the vacancies occurring at least five notice days prior to the
                                                          Bye-Laws as at February 2009 - Page 22
                close of nominations.

        b.      Nominations shall close at least 5 Notice Days prior to the final date of the election for
                those vacancies.

7.      ELECTION OF OFFICE BEARERS

7.1     Honorary President:

        a.      The election for Honorary President shall be held during week 3 or 4 of the Summer
                Term, every third academic year.
        b.      Candidates for Honorary President shall be nominated by 75 Ordinary Members of
                the Association.
        c.      Each Ordinary Member of the Association shall be entitled to vote in elections for the
                Honorary President.
        d.      The Honorary President shall take office from the first day of July following his/her
                election, and shall hold office for 3 years, or until s/he resigns.

7.2     Other Office-Bearers of the Association

7.2.1   General

        a.      The Office-Bearers shall take office from the first day of June following their election,
                and shall hold office for one year, until they resign, cease to be an Ordinary Member
                of the Association or are dismissed.
        b.      Unless otherwise stated below, an Office-Bearer shall be dismissed if a motion of no-
                confidence is carried by a two-thirds majority at a quorate General Meeting. In the
                event of a quorum not being achieved, the motion shall be deemed to have fallen.
        c.      The elections for Office-Bearers shall be held in week 7 or 8 of the Spring Term or
                week 3 or 4 of the Summer Term unless otherwise stated in the Bye-Laws.
        d.      Candidates for Office-Bearers shall be Ordinary Members of the Association and
                shall be nominated by:
                in the case of the President, 50 Ordinary Members of the Association;
                in the case of the Vice-President (Services and Communications) & Vice President
                (Education & Welfare) 50 Ordinary Members of the Association; in the case of the
                Vice-President (SBC) 30 Ordinary Members of the Association;
                in the case of non-sabbatical Office-Bearers, 10 Ordinary Members of the
                Association.
                An Ordinary Member may only nominate one candidate for each position
        e.      The Ordinary Members nominating an office-bearer must be qualified to vote in the
                election of that office-bearer.

7.2.2   Vice-Presidents

        Vice-President (Services & Communications) and Vice-President (Education and Welfare)
        shall be elected from and by all Ordinary Members of the Association. Vice-President (SBC)
        shall be elected from and by those Ordinary Members, the majority of whose course of study
        is at the Scottish Borders campus.

7.2.3   Other Executive Elections

        The Secretary, Treasurer and Equal Opportunities Officer shall be elected from and by all
        Ordinary Members of the Association.

7.2.4   Association Editor

        The Association Editor shall be elected from and by all Ordinary Members of the Association

7.2.5   Societies Convener

        The Societies Convener shall be elected from and by all Ordinary Members of the Association
        the majority of whose course of study is at the Edinburgh Campus.

7.2.6   International Convener

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        a.      Candidates for International Convener shall be International Ordinary Members of the
                Association
        b.      The International Convener shall be elected from and by all Ordinary Members of the
                Association the majority of whose course of study is at the Edinburgh Campus.
        c.      The International Convener shall be dismissed if a motion is passed by a 2/3 majority
                of the International Committee.

7.2.7   Charities Officer:

        The Charities Officer shall be elected from and by all Ordinary Members of the Association,
        the majority of whose course of study is at the Edinburgh Campus.

7.2.8   Women's Officer:

        a.     Candidates for Women's Officer shall be female Ordinary Members of the
               Association, and shall be nominated by 10 female Ordinary Members of the
               Association.
        b.     Only female Ordinary Members of the Association shall be entitled to vote in elections
               for Women's Officer.
        c.     The Women's Officer shall take office from the first day of June following her election,
               and shall hold office for one academic year, or until she resigns or is dismissed.
        d.     The Women's Officer shall be dismissed on receipt, by the Secretary, of a petition
               signed by at least 50% + 1 of the female Ordinary Members of the Association.

7.2.9   Disabled Students Officer

        a.      The election for Disabled Students Officer shall take place during the third term of
                each year
        b.      The elections shall take place at an Annual Meeting held for all self-defining Disabled
                Students studying on the Edinburgh Campus. A student is deemed to be a self-
                defining Disabled Student in the following way: At the beginning of the meeting all
                those present shall be advised that the meeting is open only to Disabled Students
                and those who are not shall be asked to leave the meeting. After this point, those
                remaining in the meeting are self-defining Disabled Students and able to participate in
                the election of the Disabled Students Officer.
        c.      The election shall be supervised by the Returning Officer.
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        d.      The Disabled Students Officer shall hold office from the 1 June following their
                election and shall hold office for one academic year or until they resign or are
                dismissed.
        e.      The Disabled Students Officer shall be dismissed if a motion of no confidence is
                carried by a two-thirds majority of Council.

7.2.10 Black Students' Officer:

        a.      The term “Black Student” shall be used to define a student who self defines as having
                African, Asian and or Caribbean descent.
        b.      Candidates for Black Students' Officer shall be black students' Ordinary Members of
                the Association, and shall be nominated by 10 black students' Ordinary Members of
                the Association.
        c.      Only Ordinary Members of the Association who are black students shall be entitled to
                vote for the Black Students' Officer.
        d.      The Black Students' Officer shall take office from the first day of June following their
                election, and shall hold office for one academic year, or until he/she resigns or is
                dismissed.
        e.      The Black Students Officer shall be dismissed if a motion of no confidence is carried
                by a two-thirds majority of Council.

7.2.11 Lesbian, Gay, Bisexual and Trans Officer

        a.      The election for LGBT Officer shall take place during the third term of each year
        b.      The elections shall take place at an Annual Meeting held for all self-defining Lesbian,
                Gay, Bisexual and Transgender (LGBT) students studying on the Edinburgh Campus.
                A student is deemed to be a self-defining LGBT student in the following way: At the

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                 beginning of the meeting all those present shall be advised that the meeting is open
                 only to LGBT students and those who are not shall be asked to leave the meeting.
                 After this point, those remaining in the meeting are self-defining LGBT students and
                 able to participate in the election of the LGBT Officer.
         c.      The election shall be supervised by the Returning Officer.
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         d.      The LGBT Officer shall hold office from the 1 June following their election and shall
                 hold office for one academic year or until they resign or are dismissed.
         e.      The LGBT Officer shall be dismissed if a motion of no confidence is carried by a two-
                 thirds majority of Council.

7.2.12 Mature and Postgraduate Students’ Officer

         a.      Candidates for Mature and Postgraduate Students' Officer shall be either aged 21 or
                 over at the time of first registration or undertaking a postgraduate course of study and
                 shall be nominated by 10 such students.
         b.      The Mature and Postgraduate Student Officer shall be elected from and by all
                 Ordinary Members of the Association the majority of whose course of study is at the
                 Edinburgh Campus.
         c.      The Mature and Postgraduate Students' Officer shall be dismissed on receipt by the
                 Secretary, of a petition signed by 50% + 1 of the mature and postgraduate members
                 of the Association as defined in a) above.


7.2.13   Environmental and Ethical Officer

         The Environmental and Ethical Officer shall be elected from and by all Ordinary Members of
         the Association the majority of whose course of study is at the Edinburgh Campus


7.2.14 Ordinary Members of Council

         The Four Ordinary Members of Council shall be elected in one block by and from the Ordinary
         Members of the Association on any notice day in second or third term each year.

7.2.15 Services Officers

         a.      The elections for Services Officers shall take place during the third term of each year.
         b.      Candidates for Services Officers shall be Ordinary Members of the Association the
                 majority of whose course of study is at the Edinburgh Campus and shall be
                 nominated by 2 Ordinary Members of the Association.
         c.      The election shall take place at a meeting of Council. Only members of Council shall
                 be entitled to vote.
         d.      The Services Officers shall take office from the first day of June following their
                 election and shall hold office for one year or until they resign, cease to be an Ordinary
                 Member of the Association or are dismissed.
         e.      A Services Officer shall be dismissed if a motion of no confidence is carried by a two-
                 thirds majority of Council.

7.2.16 Galashiels SRC

         a.      The Four officers shall be elected in one block by and from the Ordinary Members of
                 the Association members the majority of whose course of study is at the Scottish
                 Borders Campus on any notice day in second or third term each year.
         b.      An officer shall be dismissed on receipt of a petition by the Vice President
                 (Galashiels) signed by at least 50% +1 of the Ordinary Members the majority of
                 whose course of study is at Scottish Borders Campus calling for their dismissal.

8.       ELECTION OF VOLUNTEER REPRESENTATIVES ON COUNCIL

8.1      Volunteer Representatives shall take office from the first day of June following their election,
         and shall hold office for one year, until they resign, cease to be an Ordinary Member of the
         Association or are dismissed.

8.2      Council of the Students Association will designate the Volunteer Areas annually. Each area

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       designated will be entitled to one representative on Council.

8.3    Election for volunteer representatives to Council will take place in third term each year. At the
       start of week one of third term, the Returning Officer will issue a list of volunteers known to
       the Association in each area. For societies the volunteers will be the office-bearers of each
       society. Amendments to the list will be accepted up until the end of week 2 from volunteers
       who can show they have been active in the area but were not included.

8.4    A meeting of each volunteer activity will be held at which the Council representative will be
       elected. The election will be supervised by the Returning Officer. At least five days notice of
       each meeting will be sent to the last known e-mail address of each member eligible to vote.
       Date of meetings will also be advertised on Association notice-boards. The election will be by
       secret ballot of those attending the meeting. Only Ordinary Members of the Association
       whose name is on the amended list may vote in the election. Association members may vote
       in as many meetings as they are eligible as volunteers

8.5    If the position of volunteer representative falls vacant for any reason, a meeting of the
       volunteers in that area shall be called to elect a replacement.

8.6    The procedure for dismissing a Volunteer Representative shall be that a petition signed by
       50% of the members of the volunteer group shall be sent to the Secretary asking for a no-
       confidence motion. The Secretary shall then add the item to the agenda for the next meeting
       of Council. The volunteer representative shall be dismissed if the no confidence motion is
       carried by a two-thirds majority of Council

9.     SELECTION OF SCHOOL OFFICERS

9.1    There shall be at least one School Officer in each School. Schools may have more than one
       School Officer. The number of School Officers in each School shall be approved by Council.
       The Vice-President (SBC) shall be a School Officer for the School of Textiles.

9.2    School Officers shall take office from the first day of June following their selection, and shall
       hold office for one year, until they resign, cease to be an Ordinary Member of the Association
       or are dismissed.

9.3    School Officers shall be selected by a procedure agreed from time to time by Council. The
       Schools Officer positions shall be advertised. Candidates for School Officers must be
       members of the school for which they wish to represent.

9.4    If the post of School Officer in a particular school falls vacant for any reason the post shall be
       advertised a replacement candidate selected by the procedure in para. 9.3 above.

9.5    School Officer shall be dismissed on receipt by the Secretary, of a petition signed by 50% + 1
       of the Ordinary Members in that school.

10     BY-ELECTIONS

10.1   Timing of By-Elections

       a.      Vacancies occurring in any office during vacation periods, or weeks 1 to 6 of Autumn
               and Spring terms and weeks 1 to 3 of the Summer term shall be filled by a by-election
               held not more than 15 Notice Days after the occurrence of the vacancy.
       b.      Vacancies occurring in any office during weeks 7 to 10 of the Autumn and Spring
               academic terms shall be filled by a by-election to be held in week 3 of the following
               term.
       c.      Vacancies occurring in any office during weeks 4 to 10 of the Summer Term shall
               remain unfilled by by-election except vacancies resulting from an inconclusive
               election, which shall be filled, by a by-election held in week 3 of the following Autumn
               term.

10.2   Appointment of Acting Office-Bearers

       During the period for which an office remains vacant, Council may appoint a member to
       exercise the functions of this office until a successor is elected, or until Council votes by a

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       two-thirds majority to revoke his/her functions under this Bye-Law, whichever is sooner.

10.3   Period of Office

       Any person elected to an office by right of a by-election shall take office for the remaining
       unexpired period of his/her predecessor's term of office.

11.    OFFICIALS AND STAFF

11.1   Sabbatical Office-Bearers

       The Council shall prescribe through a contract of employment the remuneration, conditions of
       service, discipline and grievance procedures of the Sabbatical Office-Bearers.

11.2   Honorary Lawyer

       The Council shall, on the nomination of the Executive Committee, appoint and provide for the
       remuneration of an Honorary Lawyer, who shall represent the Association in, and advise on,
       legal matters.

11.3   Association Staff

       The Association shall appoint such staff as necessary for the efficient conduct of its affairs.
       The manner of appointment, pay, and the conditions of service, discipline and grievance
       procedures of Association staff shall be the sole responsibility of the Executive Committee.

12.    FINANCIAL CONTROL

12.1   Financial Year
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       The financial year of the Association shall run from the 1st August to the 31 July

12.2   Annual Budget

       The Court of the University shall approve an allocation to the Association in the Summer
       Term of each academic year. The Vacation Committee shall prepare a budget for the year,
       which shall be subject to approval by the Council. The agreed budget shall be submitted to
       the Finance Officer of the University.    The Finance Committee may recommend to the
       Council, changes at any time during the year. All revised budgets shall be submitted to the
       Finance Officer of the University.

12.3   Management Accounts

       Management Accounts of the Association shall be prepared at least monthly during the
       University terms. They shall be presented to the Finance Committee and a copy shall be
       sent to Finance Officer of the University.      The Finance Committee shall review the
       information and shall act to ensure that the Association, as far as possible, keeps within its
       budget.

12.4   Committee Expenditure

12.4.1 Discretionary expenditure

       A standing committee shall have authority to regulate expenditure from the budgets falling
       within its remit. It may move budget allocations to different headings providing it leaves
       sufficient money to meet non-discretionary expenditure such as staff costs and utilities.

12.4.2 Financial Veto

       The Finance Officer and Treasurer may veto any authorisation of expenditure on the grounds
       that such a modification or authorisation would be:

       a.      Ultra Vires.
       b.      In violation of the budget allocated to the standing committee or Office-Bearer.

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       c.      Illegal or likely to result in illegality.

       The standing committee shall be entitled to appeal to the Finance Committee against the
       exercise of any such veto.

12.4.3 Convener right to authorise

       The Convener of any standing committee shall be able to authorise expenditure of up to £100
       on behalf of the committee of which s/he is Convener.

12.4.4 Staff right to authorise

       a.      The senior member of staff shall be able to authorise expenditure of up to £100 on
               behalf of the committee to which they are responsible.

       b.      Departmental Managers of Association trading concerns shall be authorised to
               purchase goods from agreed manufacturers and product lines for resale through
               Association trading outlets.

12.5   General Financial Controls

12.5.1 Cheques Signatories

       Each cheque drawn on Association funds shall be authorised by two of the following, the
       Sabbatical Office-Bearers, the Treasurer, the Finance Officer, a Member of the Finance staff,
       nominated by the Finance Committee.

12.5.2 Contracts

       The Convener of each standing committee shall be authorised to sign contracts on the
       instructions of his/her committee, for items within the remit of the committee. In the case of a
       non-standard contract, the Finance Officer shall be consulted.

12.6   Financial Reserves

12.6.1 General

       The Association may establish such reserves as it feels appropriate, and shall specify the
       purposes to which each reserve shall be put and the committee which shall have the right to
       request expenditure from the reserve.

12.6.2 Release of funds

       The Finance Committee shall have authority to release funds from a reserve, only when a
       formal request is received from the committee as specified above.




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12.7   External Audit

12.7.1. Appointment

       Council shall appoint and provide for the remuneration of an external auditor, who shall be a
       member of the Institute of Charters Accountants of Scotland.

12.7.2 Right to access

       The auditor shall have access to all financial records of the Association, and may at any time
       call upon Office-Bearers and staff of the Association to provide such information as s/he may
       require in support of the audit.

12.8   Internal Audit

12.8.1 Review of Accounts

       The Finance Committee shall review all accounts and financial reports of the Association.
       The committee shall be empowered to investigate any irregularities occurring in the
       Association accounts, or any alleged violations of financial controls.

12.8.2 Right to rescind financial authority

       As part of its investigation the committee may call upon any member of the Association or its
       staff to provide such details and information as may be seen fit. The committee may in
       addition authorise additional stocktakes; temporary financial controls or external audits and
       may temporarily rescind the right of any standing committee, Office-Bearer of staff member to
       authorise expenditure or contracts under this Bye-Law.

12.8.3 Disciplinary action

       The committee may initiate disciplinary procedures against any member found to have
       defrauded or attempted to defraud the Association. In the case of a staff member found to
       have defrauded or attempted to defraud the Association, the committee will submit a report to
       the Executive Committee, which shall take appropriate action.

13.    UNION

13.1   Admission

13.1.1 Members

       The Union may be used by members of the Students Association carrying proof of such
       membership, and who is not subject to withdrawal of this right as a result of disciplinary
       action.

13.1.2 Hours of opening

       a. The opening hours of the Union and its associated services shall be determined by the
          Executive Committee in consultation with Commercial Services Committee.
       b. No person shall remain in the Union outside opening hours without the authority of the
          Executive or the Commercial Services Committee.
       c. The times during which members shall be admitted to the Union building shall be
          determined by the Commercial Services Committee.

13.1.3 Guests

       a.       Non-members may be introduced as guests to the Union by any member of the
                Association. The behaviour of such guests shall be the responsibility of the member
                introducing the guest.




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       b.      No member may introduce more than two guests in any one day, except by prior
               permission of the Commercial Services Committee.
       c.      The member will enter his/her name and matriculation number, together with the
               name and address of any guest being introduced by him/her.

13.1.4 Animals in the Union

       With the exception of a service dog accompanying his or her owner, no animals shall be
       admitted to the Union except at the discretion of the Commercial Services Committee or the
       Executive Committee.

13.2   Property

       The Association shall not accept responsibility or liability for any property of members or their
       guests which is lost or damaged within the Union.

       Any article left in the Union by a member of guest, may be disposed of by the Commercial
       Services Committee after a delay of 1 month.

13.3   Supply of consumables

13.3.1 Right to supply

       The Association shall have sole right to arrange for the supply of alcoholic liquor, food and
       soft drinks within the Union.

13.3.2 Off Licence Sales

       Alcoholic liquor shall not be sold or supplied in the Union for consumption off premises,
       except to a member in person for consumption by him/her, or to persons holding a licence or
       a wholesaler's excise licence for the sale of such liquor.

13.3.3 Prohibition of sales to non-members
       Other than when an occasional licence has effect, no person is to be supplied with alcohol on
       the club premises unless that person is–

       a.       a member of the club;

       b.      a person who is on the premises at the invitation of a member of the club and is
               accompanied by that member; or

       c.      a member of another club which falls within the description prescribed in the
               Licensing (Clubs) (Scotland) Regulations 2007

       Where a person referred to in sub-paragraph b. above is supplied with alcohol on club
       premises when an occasional licence is not in effect, there is to be entered in a book kept for
       the purpose–

       a.       the date in question;

       b.       the name and address of the person; and

       c.       the name of the member accompanying the person

13.3.4 Age restriction

       Alcoholic liquor shall not be sold or supplied in the Union to any persons under 18.

       Persons under 14 shall not be allowed in the bar of the Union during opening hours.

       Persons under 18 shall not be employed in the Union if any of their purposes of their
       employment is to serve alcoholic liquor.

13.3.5 Smoking

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       In order to comply with current legislation, smoking is not allowed in any building under the
       control of the Association

13.3.6 Personal interests in supply

       A member of Council or any of its committees or a member of the Association staff shall not
       have any personal interest in the sale of alcoholic liquor or other re-sale goods in the Union,
       or in the profits arising from such sales.

13.4   Gambling

       Except at the discretion of the Commercial Services Committee, there shall be no gambling or
       betting in the Union, other than by the use of duly licensed gaming machines.

13.5   Publicity material

       Publicity, advertising or promotional material shall not be displayed in the Union without the
       authority of the Commercial Services Committee, or a persons or persons authorised by the
       Commercial Services Committee to act in their regard. All such material shall bear
       information indicating the printer and publisher of the material.

14.    DISCIPLINARY PROCEDURE

14.1   General

       A member of Council, or person authorised by Council (including a Duty Manager whilst on
       duty), shall be empowered to charge members and to arrange for action to be taken by the
       Association Disciplinary Committee.

       Under this Bye-Law an authorised person shall mean a member of Council, or person
       authorised by Council (including a Duty Manager whilst on duty), to initiate disciplinary action.

       It shall be competent for any Office-Bearer mentioned in this Bye-Law to appoint a deputy to
       execute his/her functions under this Bye-Law when s/he is absent.

14.2   Jurisdiction

       a.      Bye-Laws with regard to conduct shall be applicable to any function held in the name
               of the Association or any of its constituent parts. The organising body shall report
               any apparent breach of the Bye-Laws to the Secretary of the Association.

       b.      Complaints in respect of alleged breaches of regulations of other Unions by
               Association Members shall be dealt with by the Association Disciplinary Committee.

       c.      An offence allegedly committed by a member of another institution shall be referred to
               the member’s institution for action.

       d.      It is the responsibility of all members to acquaint themselves with these Bye-Laws.

14.3   Conduct

       The Association Disciplinary Committee may take action regarding any member:

       a.      who has contravened the Constitution or Bye-Laws of the Association
       b.      who wilfully damages, defaces, steals or attempts to steal any fittings, property owned
               by, hired or loaned to the Association or to any member thereof or who is indirectly
               responsible through omission or default for any of the above
       c.      who has conducted him/herself in a manner unbefitting a member
       d.      who causes a disturbance in the Union
       e.      who wilfully obstructs a member of the Council or staff in the execution of his/her
               duties
       f.      who has not returned an Association Library Book by the due date or who has an
               outstanding fine.

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        g.      who has not returned an Association DVD by the due date or who has an outstanding
                fine.
        h.      who defrauds or attempts to defraud the Association.
        i.      whose guest contravenes these Bye-Laws
        j.      who refuses to produce his/her Association card on demand to an authorised person
        k.      who, not having an Association card, refuses to give his/her name and class on
                demand to an authorised person
        l.      who, having accepted his/her responsibilities as a Council or Commercial Services
                Committee member, reports for duty in an unfit state, or later attempts to carry out
                his/her duty in an unfit state.
        m.      who has harassed other members, guests or members of Association Staff where
                harassment is defined using the University Harassment Policy.

        This Bye-Law shall apply where applicable to other organisations with a reciprocal agreement
        with the Association.

14.4    Charging Procedure

        The following procedure shall be carried out by an authorised person where s/he considers
        the conduct of the person to lie within the scope of the Disciplinary Committee.

14.4.1 If possible, the authorised person shall identify themselves to the person whose conduct is in
       question.
14.4.2 The authorised persons may issue a warning or make a formal charge.
14.4.3 If a warning is issued, the authorised person may make a formal charge if the conduct
       continues.
14.4.4 A formal charge shall be made as follows:
       a.       The membership card of the member to be charge should be checked and the details
                entered on a charge form, along with the address of the member. Where the person
                whose conduct is in question is a guest of a member, that member shall be the
                person charged and the guest shall be removed from the premises.
       b.       If a card is not submitted, the authorised person shall ask the member to give his/her
                name and class, and shall then remove the member from the premises.
       c.       The member being charged shall be given details of the procedure that will follow.
       d.       Brief details of the alleged offence shall be noted on the charge form together with the
                name, address and matriculation number of each witness.
       e.       The requirement to charge a member in person may be suspended in cases where it
                is impractical or unsafe to follow the above procedure.
       f.       In the case of a member refusing to divulge his/her name, this may be added to the
                charge form when discovered.
14.4.5 The charge form, together with a written statement from the authorised person, shall be sent
       to the Secretary of the Association as soon as possible.
14.4.6 The charge form shall be completed, and if appropriate, a personal charge made within 10
       Notice Days of the alleged offence.

14.5    On the Spot Fines

        a.      An on the spot fine may be made in the case of any charge which solely involves
                wilful damage or fouling of Association property.
        b.      Such fine, as considered appropriate, shall not exceed £30.
        c.      The standard charging procedure, as outlined in this Bye-Law, shall be followed by
                the authorised person. An indication must be made on the charge sheet that an on
                the spot fine has been taken and a receipt must be issued to the member concerned.
        d.      Should s/he wish, the accused member may decline to pay the on the spot fine. In
                this case the charge shall proceed in accordance with Bye-Laws 14.4.
        e.      The charge sheet, together with a written statement from the authorised person shall
                be sent to the Secretary of the Association as soon as possible

14.6    Competence of a charge

        The Association Secretary shall decide whether a charge is competent and should proceed,
        or is incompetent and should be dropped, if the Association Secretary is involved in the
        incident or charge, the Executive Committee shall decide the competence of the charge.


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       A ruling on the competence of a charge shall be made within 15 Notice Days of the alleged
       offence. In the case of an incompetent charge, the member charged shall be informed within
       10 Notice Days that the case has been dropped.

14.7   Initial date for hearing

       In the case of the charge being declared competent, the Association Secretary shall send the
       Disciplinary Secretary a copy of the charge form and a written statement from the authorised
       person. The Disciplinary Secretary will then send a copy of the charge form and written
       statement to the charged member (by recorded delivery) and Disciplinary Convener within 10
       Notice Days. The Disciplinary Secretary shall also send a copy of information relevant to the
       hearing to members of the Disciplinary Committee and person making the charge.

       The Disciplinary Secretary shall arrange a meeting of the Association Disciplinary Committee
       to be held, not more than 10 Notice Days, and not less than 5 Notice Days from the date on
       which the charge was declared competent.




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        The member charged shall have the right to appear and to be represented by a member of
        the Association. If the member charged or his/her representative fails to attend the initial
        meeting of the committee, the hearing shall be deferred for a maximum of 15 Notice Days.
        Notice of at least 5 Notice Days shall be given to the charged member if a second meeting
        has to be arranged.

        If the member or his/her representative fails to appear at the second meeting, the case will be
        heard in the member's absence, at that meeting.

14.8    Procedure of meetings

        The procedure at meetings of the Disciplinary Committee shall be as follows:

        a.      The committee shall invite the member charged (and/or his/her representative) (the
                accused), and the persons who initiated the charge (the prosecutor) into the room.
        b.      The chairperson shall ask the accused whether s/he wishes the meeting to be held in
                camera.
        c.      The chairperson shall read out the details of the charge (as noted on the charge form)
                and ask the accused how s/he pleads.
        d.      If the accused pleads guilty, the chairperson shall then receive details of any
                mitigating circumstance and prior convictions. S/he may request further details for
                the purpose of clarification.
        e.      If the accused pleads not guilty, the chairperson shall ask the prosecutor to present
                his/her case. If the prosecutor introduces witnesses, these may be questioned by the
                accused. The committee may also ask questions to clarify any matter. Each witness
                shall leave the room after his/her evidence has been presented. The accused shall
                then present his/her case. If s/he introduces witnesses they may be questioned by
                the prosecutor (and by the committee). Each witness shall leave the room after
                his/her evidence has been presented.

                The prosecutor shall sum-up his/her case.

                The accused shall sum-up his/her case.

                Accused and prosecutor shall both leave the room while the committee considers its
                verdict. Both parties shall return for the announcement of the verdict.

                If the verdict is guilty the committee shall then receive details of any mitigating
                circumstances and/or prior convictions.

        f.      In the case of the accused pleading or being found guilty, the prosecutor and accused
                shall be asked to leave the room while the committee considers the penalty to be
                imposed, and both shall return for this to be announced.

14.9    Informing member of decision

        Following the meeting and within 5 Notice Days, the Disciplinary Secretary shall inform the
        Association Secretary in writing and the accused member by recorded delivery of the decision
        of the committee, and if s/he has been found in breach of discipline of his/her right to appeal.

14.10   Appeals procedures

        A letter of appeal shall be received by the Association Secretary within 10 Notice Days of the
        member being informed of the Disciplinary Committee’s decision. The appeals procedure
        shall be as detailed in Bye-Laws 14.7 and 14.8 for the Disciplinary Committee, except that the
        Executive Committee, Association Secretary and President shall act in substitution for the
        Disciplinary Committee and its Secretary and Convener. This committee shall be called the
        Disciplinary Appeals Committee.

        Appeals against a verdict of the Disciplinary Appeals Committee on appeals hearing shall be
        to the Disciplinary Committee of the University.




                                                         Bye-Laws as at February 2009 - Page 34
14.11   Payment of fines

        If an appeal has not been lodged in the specified time, the decision of the Disciplinary
        Committee, or in the case of an appeal the Disciplinary Appeals Committee, shall become
        final.

        The Association Secretary shall then send a letter (by recorded delivery) requiring payment of
        any outstanding fine. If within two weeks from the date this letter was sent, the outstanding
        fine has not been paid, the member shall be suspended from all privileges of the Association
        until the fine is paid.

14.12   Suspension of privileges

        When a member is suspended from all privileges of the Association a letter shall be sent to
        affiliated societies and corporate bodies informing them of this fact, and instructing them to
        prevent the member from holding office or taking part in any activities of the Association.

        The Secretary of the University shall be notified of any suspension.

14.13   Exclusion

        Notwithstanding the provisions contained elsewhere in this Bye-Law, the Executive
        Committee, shall have the authority to exclude an individual student from any premises which
        fall under the jurisdiction of the Council.

        The exclusion shall have effect only where there exists a threat to the safety of members,
        their guests, staff or property of the Students Association. The exclusion shall be reviewed by
        the Executive Committee.

        The Secretary of the University shall be notified where exclusion is confirmed.

15.     REFERENDUM

15.1    Returning Officer

        The Honorary Lawyer shall be the Returning Officer for a referendum of the membership of
        the Association. S/he shall have the same powers with regard to a referendum as the
        Returning Officer specified in Bye-Law 5 has with regard to an election.

15.2    Calling of a referendum

        A referendum shall be called on receipt by the Secretary of a written petition signed by 75
        Ordinary Members of the Association, except that not more than one referendum may be
        called on the same issue within any one academic year.

        The date of the referendum shall be decided by the Returning Officer, provided that it is held
        at least 10 Notice Days after receipt of the petition.

        The holding of a referendum shall be publicised not less than 5 Notice Days before the date
        of the referendum.

15.3    Conduct of a referendum

        The conduct of a referendum shall be governed by the rules for the conduct of elections as
        specified in Bye-Law 5.

15.4    Powers of a referendum

        The decisions of a referendum shall be binding on the Association on a simple majority,
        except where such a referendum seeks to alter pricing levels in Association trading activities it
        shall be considered as a recommendation to Council.




                                                          Bye-Laws as at February 2009 - Page 35
15.5   Validity of a referendum

       For a referendum to be valid, the Returning Officer should have received two hundred and
       fifty valid voting papers from Ordinary Members of the Association.

16.    AFFILIATION OF SOCIETIES AND CLUBS

       The Societies' Committee shall be empowered to affiliate societies or Clubs to the
       Association.

16.1   Conditions of Affiliation

       A society or club shall satisfy the following conditions before being granted the status of an
       affiliated body by the Societies Committee:

       a.      It shall have a membership of at least 15 Ordinary Members of the Association
       b.      It shall submit and abide by a constitution which it shall not amend without the
               approval of the Societies Committee.
       c.      It shall charge an annual fee, the minimum value of which shall be specified by the
               Societies Committee.
       d.      It shall lodge with the Societies Committee on affiliation, and thereafter by the end of
               Autumn Term each academic year the following:
               -         A copy of its current constitution.
               -         A list of its office-bearers.
               -         Details of its bank accounts, investments and cheque signatories.

16.2   Financial Support

       Each affiliated society or club may apply for financial support from the Societies Committee.
       The criteria and procedures for the allocation of resources shall be agreed by the Council, set
       down in writing and accessible to all students. A copy of the written procedures and any
       amendments made to them shall be sent to the Secretary of the University.

16.3   Disaffiliation

       A society or club may be disaffiliated by a two-thirds majority resolution of the Council on the
       grounds of actions contrary to the aims of the Association, or failure to fulfil the requirements
       regarding affiliation to the Association specified in this Bye-Law.

17.    AFFILIATION OF CORPORATE BODIES

       17.1    Corporate bodies formed by members of the Association for the furtherance of
               sectional, professional or recreational interests may be affiliated to the Association
               with the approval of the Council.

       17.2    Conditions of Affiliation

               (i)       Such bodies will be required to satisfy the following conditions:
                        (a)     To submit a copy of a constitution for approval by Council.
                                The constitution shall not be amended without the approval of
                                Council.
                         (b)    To submit accounts annually to the Association.
               (ii)      Corporate Affiliate Bodies may apply for financial support from the
                         Association.
               (iii)    Council may withdraw the affiliation of any Corporate Affiliate Body as
                        provided in the Constitution.




                                                         Bye-Laws as at February 2009 - Page 36

				
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