The Code of Conduct of the Student Union

Sections:

SCH1 Schedule I: Student Union Code of Conduct

1. The Corporations Forward

2. Name

3. Aims and Objectives

4. Relationship with the Corporation

5. Charitable Status

6. Freedom of Speech

7. Membership

8. Voting Rights

9. College Representation

10. Opt Out Arrangements

11. Constitution

12. Finance

13. Affiliations

14. Sabbatical/Paid Officer

15. Accountability

16 Complaints Procedure

17. Sanctions

18. Interpretation

19. Dissolution

20. Conclusion

SCHEDULE I: THE STUDENT UNION CODE OF CONDUCT

1. Corporation’s Foreword

Dudley College Corporation fully endorses the Student Union and welcomes its valuable contributions to College life. The Governors, Principal and staff of the College are eager to work with the Student body in order to ensure a representative Union which operates in a fair and democratic manner, is accountable for its finances and works to its own written constitution.

The Governors and Principal will strive to provide an appropriate level of support for the Student Union both financially and in any other agreed appropriate manner.

2. Name

There shall be a Students' Union at Dudley College (hereinafter referred to as “the college”) the name of which union shall be the “Dudley College Students Union”(hereinafter referred to as “the Union”).

3. Aims and Objective

Pursued without regard to gender, race, religion, age, sexuality, class, belief, or disability and independent of any political party or religious body.

The primary aims and objectives of the Union shall be:

3.1 To advance the education of its members.

3.2 To promote the general welfare of its members.

3.3 To encourage societies, sports and social activities organised by its
members.

3.4 To act as a channel of communication between its members and the College and other bodies.

4. Relationship with Corporation

4.1 It is expressly understood that the Union is a separate body from the Corporation and that the corporation has no obligation (whether direct or indirect) in respect of debts and liabilities of the Union. All such debts shall remain the responsibility of the elected members of the Executive Committee and the members of the Union.

4.2 It is required that the Union shall state in all official communications and contracts that it is not legally a part of the Corporation.

5. Charitable Status

5.1 Although constitutionally and financially the Students’ Union is a separate body from Dudley College some legal case law suggests that the Union may share Dudley College’s status as an educational charity. In any event, funding or resources provided through Dudley College should not be used other than for charitable educational purposes. On this basis; the Union’s funds, facilities and other resources must not be used for any purpose other than for the benefit of its members as students at Dudley College and particularly not in support of any particular political, religious or other cause. The funds and
resources of the Students Union must be used exclusively for broadly educational purposes, which may include the social and general well being of its members as students at Dudley College.

6. Freedom of Speech

6.1 Section 43 of the Education (No.2) Act 1986 imposes a duty on all governing bodies and individual members of governing bodies to take such steps as are reasonably practicable to ensure that freedom of speech within law is secured for members, students and employees of the institution and for visiting speakers.

6.2 In accord with the requirements of this act Dudley College shall maintain a freedom of speech code of practice which sets out the procedures for meetings and other activities and the conduct required. The Students Union shall, in the conduct of its affairs be bound by the terms of this code of practice.

6.3 Information relating to the Freedom of Speech Code of Practice shall be made available to the Student body in the College Prospectus.

7. Membership

All registered students at the College shall be members of the Union if they so desire. This definition encompasses all hours or pattern of attendance and extends also to Students on franchised courses of Higher Education. Students must be currently registered.

8. Voting Rights

All members of the Union shall have full voting and other Union rights regardless of hours or pattern of attendance.

9. College Representation

9.1 The College shall designate a member of staff to operate as the Student Union Liaison Officer and ensure effective links between the College and the Union.

9.2 The College shall designate one member of staff to operate as Senior Union Treasurer thereby ensuring on-going financial accountability in relation to the Union’s finances.

9.3 No one staff member shall operate as both the Senior Treasurer and Student Union Liaison Officer. The Student Union executive shall be consulted with regard to the appointment of the above posts.

10. Opt Out Arrangements

10.1 All members of the Student body shall be informed in the college prospectus and the College charter of their right to “opt out” of Union Membership.

10.2 The standard method of opting out of Union membership shall require the individual concerned to put in writing to the College’s Student Union Liaison Officer their wish not to be a member of the Union.

10.3 The Student Union Liaison shall maintain a register of all students who have elected to opt out of Union Membership. It is the responsibility of individual students to check directly with the Student Union Liaison Officer that they have been logged on the register. This register shall be made available for inspection by the Governors at least annually.

10.4 The Governors shall ensure that those Students who have opted-out of Union membership are not unfairly disadvantaged.

All members of the Student body shall therefore have access to all activities, events and services organised by the Union regardless of whether or not Students are members of the Union.

For those services which attract a charge non-union members shall be liable to an additional 10% charge.

10.5 Opted-out Students do not have the rights to stand for Union Office, vote in elections or participate in union meetings.

11. Constitution

11.1 The general conduct of the union shall be determined by a written constitution which has been approved by the Governors. Copies of this can be obtained from the Student Union Liaison Officer.

11.2 The constitution shall encompass considerations such as the definition of officers; election of officers; type, frequency and calling of meetings constitution and function of the Student Union executive; representation on college bodies; Union finances; standing orders; clubs and societies; affiliations; indemnity; interpretations; etc.

NB The above list is intended to be indicative rather than Exhaustive or prescriptive.

11.3 The Student Union Liaison Officer shall be responsible for ensuring that all proposed amendments to the Union constitution shall not take effect without the prior approval of the Governors.

12. Finance

12.1 The Student Union Executive shall submit to the Governors the Union’s proposed budget for each academic year by the end of the Autumn term.

12.2 The Senior Treasurer shall have direct responsibility for ensuring that all Student Union expenditure is monitored and controlled in accord with the terms of the Constitution and the budget agreed by the Governors.

12.3 The Student Union Liaison Officer shall provide details of expenditure and income to date in a termly report.

12.4 The Student Union accounts will be subject to external audit annually and the Governors shall receive a copy of the Audit report.

12.5 The Student Union itself shall produce a Financial report annually for distribution to the Student body (including details of any organisations which the Student Union has
made donations to) copies to be made available at key locations rather than being mass produced eg: Student Services, Student Union Office.

12.6 The Union shall produce as part of its constitution a “fair” procedure for allocating Student Union funds to groups or clubs within the College.

12.6.1 Whilst recognising that Students are entitled to freedom of speech and that groups or clubs should not be ineligible for support on the grounds of political causes, opinions or other views it would be reasonable for the Student Union to refuse to support clubs or groups whose activities seemed likely to bring the
Union or College into disrepute.

12.6.2 It is the responsibility of the Student Union Liaison Officer to ensure that any club or society likely to bring the Union or College into disrepute is brought to the attention of the Governors.

13. Affiliations

13.1 The Student Union may take the decision to affiliate to external organisations in accord with the requirements of the “Education Act” 1994: Student Union Reform”.

13.2 In order to affiliate to an external organisation it is necessary for 5% of the student body to make requisition for a secret ballot of all members.

The arrangements for the requisition and secret ballot is to be undertaken by the Student Union Liaison Officer in conjunction with the Union Executive.

13.3 Any decision of the Union to affiliate to an external organisation must be published and must state the name of the organisation and any subscription/fee or donation paid, or to be paid to the organisation.

Copies of any such decision will be displayed in the Student Union Office and the main Student Services Guidance Centre.

13.4 The Student Union Executive will put to its members annually (in April) the opportunity to review affiliations to external organisations. Members will have the opportunity to approve the current list or raise objections. A copy of current affiliations will also be submitted via the Student Union Liaison Officer to the Governors. 5% or more of the membership can requisition a ballot of the Union to a particular organisation.

14. Sabbatical/Paid Officer

No person appointed to a sabbatical or paid union office may serve for more than two years even where the years of service are not consecutive.

15. Accountability

15.1 The 1994 Education act explicitly places responsibility on the College’s governing body for compliance with its provisions.

The primary mechanisms to ensure compliance with both the General Duty and specific responsibilities are detailed throughout this code of practice and main areas are summarised below:

15.2 The College shall designate a Student Union Liaison Officer and Senior Treasurer to work with the Union.

15.3 The Student Union Liaison shall produce a termly report detailing activities and issues relating to the Student Union.

15.4 The Governors shall review the College Prospectus and Charter annually to ensure that all relevant information such as opt-out arrangements are made available to all students.

15.5 The Governors shall review annually the Student Union Affiliation list provided by the Student Union Liaison Officer.

15.6 The Governors shall approve all amendments to the Student Union Constitution and shall formally review the constitution every 5 years.

15.7 The Governors shall be responsible for the approval of the Union's budget, the monitoring of expenditure and the publication of a financial report, together with all other financial responsibilities contained within the Act.

The Governors will particularly ensure that a financial report is produced and evaluated annually.

15.8 The Governors will be responsible for ensuring that an Independent Person is appointed to deal with complaints relating to the Students Union and that a register of Union complaints is maintained by the Student Union Liaison Officer and examined and reviewed annually.

15.9 The Governors shall ensure that this code of practice is reviewed every five years in conjunction with the Student Union Constitution.

16. Complaints Procedure

16.1 The Governors shall ensure that the Student Union complaints procedure is publicised in the College prospectus.

16.2 Complaints against the Student Union shall in essence follow the format of the College’s complaints procedure.

16.3 In relation to complaints against the Student Union the Quality Manager shall route all official complaints on form DCQM3A/4.8.2. to the Student Union Liaison Officer who will act as the register holder for the Union.

16.4 All complaints against the Student Union will, in the first instance be investigated by the Student Union executive.

16.5 An acknowledgement of the complaint will be sent to the complainant by the Student Union Liaison Officer within 7 days of the complaint.

16.6 A response to the complaint, following investigation, will be sent to the complainant within 28 days, by the Union Liaison Officer.

16.7 The Act requires the Governors to appoint “an Independent Person” to investigate where

16.7.1 The complainant is not satisfied with the response received from the Union Executive.

16.7.2 The complainant is a non-union member complaining about a college failure to
provide him/her with facilities only available through the Union.

This person should have no formal connection with the College as a Governor, member of staff or student and shall be “appointed” via advertising.

16.8 Where a complainant wishes to challenge the response from the Union Executive or move directly to the services of an Independent Person under the circumstances referred to in 16.7 they will be required to put this in writing to the College’s Quality Manager within 7 days of a response from the Executive or 7 days of the date of the incident (as appropriate).

16.9 All investigations carried out by the Independent Person shall be subject to the same time scales as the first stage of the procedure in terms of acknowledgement and response.

16.10 The Independent Person shall provide in writing for the governing body a full account of all complaints, the investigation undertaken and the outcome together with any recommendations.

16.11 Unless the Corporation (or a duly authorised delegate) otherwise decides, the recommendations of the Independent Person will be final and binding on the complainant and the Union.

17. Sanctions

17.1 In the event that the Student Union is found to be operating in a manner which contravenes the terms of its own constitution or the Code of Practice or is found to be operating in a manner which is illegal or which brings the College into disrepute or has a complaint upheld against it, the Corporation shall be empowered to institute appropriate sanctions.

17.2 Sanctions which may be brought to bear shall include the withdrawal of funding or other resources from the Union and the clawback of misapplied funding.

The power to remove some or all the Executive Officers of the Union and require fresh elections to take place shall reside with the Union. The Corporation’s representative (the Student Union Liaison Officer) shall be empowered to call an Extra Ordinary General Meeting to facilitate the above measures, if appropriate.

18. Interpretation

18.1 In the event of a dispute as to the interpretation of any part of this Code of Practice the ruling of the Independent Person (as at 16.11 above) shall be sought.

19. Dissolution

19.1 In the event that the Union should cease to exist, all money, property and assets of the Union shall be held on trust by the corporation for the benefit of the generality of the students at the institution at that time, and (in the absence of any such students) for its educational charitable purposes.

20. Conclusion

This Code of Practice seeks to ensure an effective, democratic Student Union at Dudley College which is accountable to both its members and the Governors.

The Code of Practice does not stand by itself and needs to be read in conjunction with the Student Union Constitution and related procedures in order to provide a fuller picture. The Code of Practice does however provide a broad picture of how the governing body will ensure compliance with the “Education Act 1994: Student Union Reform”, both in terms of General Duty and particular terms.