UCASU By-laws

2.1. Members of the Union shall have the meaning given in the Constitution (clause 8.1).
2.2. Members shall have the following rights
a) The right to be represented by the Union on academic and welfare issues.
b) The right to access any services and facilities provided by the Union.
c) The right to join communities of students, work with them and have their views expressed through them.
d) The right to vote in elections or referenda that are conducted by the Union, subject to the bye-laws and regulations governing elections and referenda.
e) The right to be a candidate for any of the offices of the Union which are subject to the election regulations.
f) The right to be selected as a campus representative (and similar roles), in accordance with a process laid out by the trustees.
g) The right to attend General Meetings of the Union
h) The right to receive information on the Union’s performance and strategy in a manner deemed appropriate by the trustees. This should include, but not be limited to, reports from officers, outcomes of democratic decision making spaces, reporting on the Union’s financial
position.

2.3. Students may opt-out of membership as allowed by the 1994 Education Act and clause 8.2.3 of the Constitution. To do so they should contact the Union or University with their intention to do so.

2.4. Opting out will mean the removal of the rights given in bye-law 2.2.

2.5. For the avoidance of doubt, students who have opted out of membership
must comply with the Union’s Code of Conduct and may still be subject to
the Union’s Disciplinary Policy when accessing the services.

2.6. The University has an obligation to ensure that no student is disadvantaged in their dealings with the University if they have chosen not to be a member of the Union.

2.7. Associate Members shall have the meaning given in the Constitution (clauses 8.4 – 8.5) and the trustees may create any such classes of Associate Member they see fit.

2.8. Students who have opted out of membership in accordance with clause 8.2.3 of the Constitution shall be eligible for Associate Membership.

2.9. Associate Members shall have the following rights:
a) To be eligible to join student groups, but not hold a committee position.
b) To utilise the social facilities administered by the Union.
c) Purchase tickets to events where there are no entry restrictions

2.10. Associate members may be subject to additional fees as set by the Trustees for access to the Union’s services. These shall be used to further the Union’s main charitable purposes for its beneficiaries, the Student Members.

2.11. Associate members may be subject to a time limit for their membership, as agreed by the Trustees when associate membership is awarded

2.12. All members, of whatever type, shall be subject to the Union’s Code of Conduct and Disciplinary Policy which sets out expected behaviours of all who engage in the Union and explains how breaches will be dealt with.

2.13. The Trustees have the power to suspend or withdraw benefits of membership in the event of a member failing to comply with the requirements and conditions of membership and any Code of Conduct and Disciplinary Procedure that may be in force.

3. Sabbatical Officers

3.1. There shall be up to three full time sabbatical officers

3.2. The sabbatical officers shall be:
a) President Canterbury
b) President Epsom
c) President Farnham

3.3. The Sabbatical Officers’ term of office shall be one Academic Year commencing on 1 July.

3.4. Sabbatical Officers may be elected to no more than two terms of office, which need not be consecutive.

3.5. Sabbatical Officers will be employees of the Union. The duties of a Sabbatical Officer shall be detailed in their terms of employment. In addition to being subject to the general terms of employment at the Union, they shall also be accountable to the student body through the Union Council and General Meetings.

3.6. Sabbatical Officers may not enter an employment contract with the Union other than as their role as sabbatical officers.

3.7. Sabbatical Officers’ status as employees, trustees, and members, of the Union may give rise to disciplinary procedures being appropriate from time to time. Under certain circumstances this may lead to their removal from office. A nominated member of the Trustee Board shall determine which of the Union’s existing disciplinary procedures shall be followed.

3.8. Sabbatical Officers may be removed from office through a motion of no confidence and in accordance with their terms and conditions of employment. The procedure for motions of no confidence is laid out in byelaw 5.

3.9. Should a vacancy arise due to the resignation or removal of a sabbatical officer prior to the commencement of their term the Trustee Board shall have the power to either:
a) appoint the runner up candidate in the election in which the Sabbatical Officer was elected. The interpretation of the count sheet to determine the runner up candidate shall be the sole property of the Returning officer.
b) Re-open nominations.

3.10. Should a vacancy arise among the Sabbatical Officers once their term of office has commenced, the Trustees may make such lawful arrangements as they consider appropriate to deal with vacancies.

4. Campus Representatives

4.1. There shall be appointed Campus Representatives whose role shall be to:
a) Act as a voice for students on their campuses.
b) Support the Union’s activities, events and advocacy.
c) Participate in union democracy and decision making. This will include, but not be limited to, serving on Executive Committee.
d) Develop and deliver their individual programmes of work, in line with their role profile.

4.2. The number and roles of Campus Representatives shall be determined by the trustees from time to time, save that there shall always be one position from each of the following campuses:
a) Canterbury
b) Epsom
c) Farnham
d) Maidstone

4.3. Campus Representatives positions are voluntary and, for the purposes of the Education Act 1994, are not “major union office holders”.

4.4. Campus Representatives shall be appointed via an open and transparent recruitment process, in a manner laid out by the trustees.

4.5. Campus Representatives’ term of office shall be one Academic Year commencing on 1 July.

4.6. Campus Representatives’ status as Members of the Union may give rise to disciplinary procedures from to time. Under certain circumstances this may lead to their removal from office.

4.7. A Campus Representative must be a Member for the duration of their tenure and shall cease to be a Campus Representative if they cease to be a Member.

5. Votes of No Confidence in an Officer or Trustee

5.1. In some circumstances the Annual General Meeting, Trustee Board or Executive Committee may recommend to the Members that an officer or trustee be removed from office. The process to do this is via a Vote of No Confidence.

5.2. A Vote of No Confidence may be called in accordance with the procedures for Referenda within these bye-laws.

5.3. A secure petition to call a Vote of No Confidence will require 3% of the Members’ signatures or a 2/3 majority of the Executive Committee.

5.4. A vote of No Confidence will then take place according to the Referenda procedures and overseen by the Returning Officer.

5.5. This means a vote of no confidence will pass where 5 per cent of students vote and a majority vote in favour of a no confidence vote.

5.6. If a Vote of No Confidence passes, the Officer or Trustee will be removed from office in accordance with the Terms and Conditions of their employment in that role.

6. Elections

6.1. There will be a process for conducting elections for Sabbatical Officers and any other elected position under the Constitution or bye-laws.

6.2. The Trustee Board shall appoint a Returning Officer to oversee the good conduct of elections.

6.3. The Returning Officer shall be a suitable qualified person external to the Union and University.

6.4. The Trustee Board shall appoint a Deputy Returning Officer who will normally be a member of the Union’s staff.

6.5. The Returning Officer shall ultimately be responsible for
a) Setting the Election Regulations
b) ensuring that elections are conducted in a free and fair manner
c) all matters of interpretation of the Constitution, these bye-laws and election regulations in regards to elections. Should any dispute arise on rules, conduct, or penalties, the Returning Officer’s judgement is final.

6.6. The Returning Officer And Deputy Returning Officer will have the following
powers:
a) Be the interpreter of the Elections Regulations
b) Ensure oversight of the count and declare the results of the election;
c) Seek legal advice by referring the matter to the Board if they believe that statements made or the contents of publicity could leave The Union open to legal action;
d) Rule out of order any statement or the content of any publicity, which in their view is in breach of the Constitution, the law or any other appropriate bye-law, policy or guidance;
e) issue warnings to candidates or remove candidates form the election at any point in accordance with these bye-laws and any rules and regulations issued under the above provision;
f) order recounts, or declare election processes null and void;
g) Deliver or ensure the delivery of, appropriate support and guidance to all election candidates;
h) Make available information to potential candidates for each election
outlining relevant rules and procedures.
i) Disqualifications or annulments require the final decision of the
Returning Officer.

6.7. The elections must be carried out in a manner that is compliant with the Union’s Constitution and with the Education Act (1994).

6.8. Sabbatical Officer eligibility criteria will include, as a minimum, that candidates must be a Student at the time of the election and that one individual may not hold, or be nominated for, more than one Sabbatical Officer position.

6.9. Elections will be carried out by secret ballot using Single Transferable Vote on a one member one vote basis and open to all Members.

6.10. The Returning Officer shall, on an annual basis, publish a set of election regulations which will include:
a) Eligibility criteria
b) The expected standards and conduct of candidates, campaigners and Members.
c) The complaints procedure and appeals process
d) Candidate expenditure limits
e) The process for nomination
f) Arrangements for the publication of accepted nominations
g) Arrangements for objections to the eligibility of candidates
h) Details for the submission of Candidate Statements (if appropriate)
i) Details of a question time (if appropriate)
j) Arrangements for the ballot
k) Arrangements for the count

7. Referenda

7.1. A referendum is a general vote on a single question which has been referred for a direct decision whereby voters select to agree or disagree with the question posed.

7.2. A referendum may be called on any lawful issue including affiliations, policy positions of the student body, votes of no confidence and called in accordance with clause 9.1 of the Constitution.

7.3. The thresholds for a Vote of No Confidence are detailed in bye-law 5.3.

7.4. The Returning Officer shall have the final decision on the wording of the referendum question.

7.5. The regulations for the Referendum shall be set by the Returning Officer or their delegate but shall include:
a) A notice period of the referendum of at least 14 days
b) The expected standards and conduct of campaign leads, campaigners and Members.
c) The complaints procedure and appeals process
d) Campaign expenditure limits
e) Details for the submission of Statements (if appropriate)
f) Details of a question time (if appropriate)
g) Arrangements for the ballot
h) Arrangements for the count

7.6. A resolution may only be passed by Referendum if at least 5% of members cast a vote in the Referendum and a majority of the votes cast are in favour of the resolution. In accordance with Constitution clause 7.5.1, a motion to amend the Constitution shall require a majority of 75%.

7.7. The conduct of referenda shall be overseen by the Returning Officer. The Powers of the Returning Officer are outlined under bye-law 6.

8. Executive Committee

8.1. The membership of the Executive Committee shall be:
  a) The Sabbatical Officers
  b) The Campus Representatives
  c) Staff of the Students’ Union shall attend the meetings as required to ensure the proper running of the meeting and to provide advice and support as appropriate.
  d) Any member of the Union is entitled to attend the Executive Committee as an observer without voting rights.

8.2. The Executive Committee will have the following responsibilities:
  a) To set the direction of the Union on student life including academic and social experiences.
  b) To develop projects and campaigns in the interest of Members.
  c) To represent student views to the University and other organisations including attendance at University meetings.
  d) To support Sabbatical Officers and the Trustee Board

8.3. Executive committee shall meet at least four times per academic year.

8.4. Quorum for Executive Committee Meetings shall be 50% plus one of the elected members.

8.5. Decision making shall be made by a majority vote. Any vote on a formal policy will require a 75% majority.

8.6. Minutes of the Executive Committee shall be published and shared with the Union’s Members and may be redacted for reasons of financial, operational or reputational sensitivity.

8.7. If a member fails to attend two consecutive meetings without sending apologies:
a) If a Sabbatical Officer this will be investigated under the relevant disciplinary procedure.
b) If a Campus Representative they will be deemed to have resigned from office.

9. NUS Representatives

9.1. As a Member of the National Union of Students (United Kingdom) (“NUS”), the Union is entitled to appoint representatives known as “NUS representatives” or “NUS reps” to be an active part of NUS’ campaigns throughout the year, to work with other officers and ensure that the Student Members’ voice is heard on a national level.

9.2. Duties of NUS representatives include voting in NUS elections, submitting priorities for discussion on behalf of the Union, participating in NUS’ campaigns and regional events, participating in democratic events and working on issues discussed at conferences.

9.3. The Union will appoint representatives at the beginning of the academic year in accordance with the number of representatives allocated to the Union by NUS.

9.4. Representatives will be the Sabbatical Officers. Should there be any vacancies for NUS Representatives these shall be appointed by the Executive Committee.

9.5. All representatives must be hold a democratic position in the union. This could include Sabbatical Officers, Campus Representatives, Academic Reps, Society committee members, or any other similar position.

9.6. Representatives are accountable to the Union via the Executive Committee.

10. Trustees

10.1. Subject to Constitution clause 11, up to five Student Trustees shall be appointed to the Trustee Board through an application and selection process.

10.2. The application and selection process will be published by the Trustee Board on an annual basis.

10.3. The selection panel shall typically consist of one external trustee, one student trustee, and one Sabbatical Trustee, advised by the Union’s Chief Executive.

10.4. The selection panel shall make a recommendation to the Board of Trustees for approval.

10.5. Subject to Constitution Clause 11, up to six External Trustees shall be appointed to the Trustee Board through an application and selection process.

10.6. The application and selection process will be published by the Trustee Board on an annual basis.

10.7. The selection panel shall typically consist of the Chair, one Sabbatical Officer or Student Trustee and one further trustee, advised by the Union’s Chief Executive.

10.8. The selection panel shall make a recommendation to the Sabbatical Officer Trustees, to make a decision within the Board of Trustees for approval.

11. Clubs and Societies

11.1. The Union shall establish student societies and student clubs, in accordance with its Constitution. These will include:
a) Student Societies. Groups of students who come together to pursue shared interests or goals and connect with likeminded students.
b) Student Clubs. Sports clubs who come together to take part in sporting activity either socially or competitively.

11.2. The Union shall have in place a fair written procedure for approval of Clubs and Societies allocating resources to them, which shall be freely accessible to all Students.

11.3. Clubs and Societies shall comply with the Union’s code of conduct and relevant handbooks.

11.4. All Clubs and Societies must be registered with the Union. Registration will be considered in line with the Union’s Clubs and Societies registration process published on the Union’s website.

11.5. Clubs and Societies will usually be approved unless:
  a) A similar Club or Society already exists
  b) It duplicates the work of the Union or University
  c) It breaches the Union’s Constitution, Bye-Laws or policies.
  d) The resources to run the Group, including insurance implications, are reasonable within the Union’s resources.
  e) The Group poses a significant financial, reputational, or legal threat to the Union.
  f) A deregistered Club or Society has existed within the past 12 months with similar aims, membership, or purpose.

11.6. Each Club and Society must have a Constitution, made available publicly for all Members. These must contain at a minimum:
  a) Aims and Objectives
  b) The process to become a member and rights thereto
  c) The committee roles and process for selection (or election) of committee members (see below)
  d) Governance and decision making processes by the committee and members of the Club or Society.
  e) Processes for resignation and no-confidence.

11.7. All committee members should be selected on an annual basis. Each Club or Society should have at least three committee members. In accordance with bye-law (2.9.a) Associate Members may not hold committee positions within Clubs and Societies.

11.8. Clubs or societies will usually elect their committee members.

11.9. Clubs or Societies with a smaller number of members (this threshold shall be agreed by Union staff) may select their committee members by a process agreed upon by that Club or Society. For the avoidance of doubt, this process need not be an election. Should the Club or Society fail to agree on a selection process or a Committee, the Union will provide mediation support and will have the power to direct the Club or Society to utilise a prescribed process.

11.10. All resources must be spent in accordance with the Union’s charitable purposes, policies, and other relevant laws.

11.11. All funds must be held with the Union. Clubs and Societies may not hold their own bank account.

11.12. Clubs and Societies do not have the authority to enter into contracts on behalf of the Union. No Club or Society may commit expenditure without prior budget approval by the Union.

11.13. Clubs and Societies may fundraise in line with the Financial Procedures and all funding must be deposited to an account provided by the Union.

11.14. The Union’s support of Clubs and Societies does not imply endorsement of a Club or Society’s views, only of the educational value of discussion and debate within the Union and its Members.

11.15. All activities must follow all relevant Union or University regulations including, but not limited to:
  a) Freedom of Speech
  b) Equality and Diversity
  c) Health and Safety
  d) Safeguarding of Children and Vulnerable Adults
e) Food Safety
  f) Data Protection
  g) Intellectual Property

12. Complaints

The Union shall have in place a complaints procedure, made available to all Students or groups of Students who are dissatisfied in their dealings with the Union or claim to be unfairly disadvantaged by reason of their having exercised the right to opt out of Student Membership under these Constitution, which shall:

include provision for an independent person appointed by The University of the Creative Arts to investigate and report on complaints; and

provide for complaints to be dealt with promptly and fairly and, where a complaint is upheld, for there to be an effective remedy.

The complaints procedure shall be determined by the board of trustees and made available on the Union’s website.

UCASU By-laws

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