8 members code of conduct and disciplinary procedures

Bye-Law 8 of Bucks Students’ Union: MEMBERS’ CODE OF CONDUCT AND DISCIPLINARY PROCEDURES

February 2019

MEMBERS’ CODE OF CONDUCT AND DISCIPLINARY PROCEDURES

The following code of conduct sets out the minimum standards of conduct and behaviour expected by all members of Bucks Students’ Union, together with the process and potential implications should a breach of those standards occur.

Operating Context 1. This is an internal document, designed to guide our members’ conduct, as such UK, European and International Law take precedence over its contents.

2. The Students’ Union is an independent organisation. Therefore where members breach our Code of Conduct the University may, in its own right, choose to invoke its procedures independently of the Union’s.

3. The Students’ Union sets out more detailed expectations in other documentation including other Bye-Laws, departmental handbooks and Union policies and procedures. Members are expected to comply with expectations detailed in any additional documentation, though Bye-Law 8: Members’ Code of Conduct and Disciplinary Procedures, takes precedence.

4. The Union expects that requirements specified elsewhere will support and not contradict the Code of Conduct. Where a member is alleged to have broken a rule or requirement which is found by a Disciplinary Panel to not be in line with the Union’s Code of Conduct they shall rule it obsolete.

5. Clubs and Societies are entitled to set rules and regulations at a local level. These rules must be inclusive, transparent and in line with the Union’s Code of Conduct and values. Where this is found to not be the case any such rules and regulations will be ruled obsolete.

6. The Union operates a separate Licensed Premises Disciplinary Tariff and Process which governs bans from our bars. Sanctions imposed as part of this Tariff and Process relates only to bar bans, liaison with the police, or Pub Watch, and possible referral to support services such as Counselling. They do not relate to the withdrawal of membership or membership privileges as governed in Bye-Law 8: Members’ Code of Conduct and Disciplinary Procedures. However where the Union deem that an incident is serious enough and the Members’ Code of Conduct has been breached we reserve the right to invoke our Disciplinary Procedures as outlined in Bye-Law 8: Members’ Code of Conduct and Disciplinary Procedures.

7. Students wishing to make a raise concerns about the conduct of election candidates should follow the complaints process outlined in Bye-Law 4: Elections in the first instance.

8. Bye-Law 8: Members Code of Conduct and Disciplinary Procedures should

therefore be read in conjunction with other key documents such as the Union’s Constitution, other Bye-Laws including Bye-Law 9: Complaints and Appeals and the Licensed Premises Disciplinary Tariff and Process.

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9. This Code does not apply to the conduct of staff towards members of the Students’ Union. Should a member of the Students’ Union be concerned about the conduct of a member of staff they should first raise the issue with the staff member in questions line manager. Should resolution at that stage be unsatisfactory the complainant should look to invoke Bye-Law 9: Complaints and Appeals, at which point the investigating officer may decide to invoke the Staff Disciplinary Procedures.

Introduction 10. The Students’ Union aims to provide all of its members with the support and guidance they need to achieve success. Bye-Law 8: Members Code of Conduct and Disciplinary Procedures, sets out the standard of conduct the Union expects of its members and that it believes is consistent with helping the overall membership get the most from their student experience.

11. Bye-Law 8: Members Code of Conduct and Disciplinary Procedures comprises: 11.1. The Members’ Code of Conduct 11.2. The procedure the Union uses for dealing with alleged breaches of the Members’ Code of Conduct 12. For purposes of the Code a ‘member’ subject to this code shall include all Full, Associate and Honorary Life Members as defined in Bye-Law 1: Membership, except where the individual concerned is also staff member and Clause 9 applies.

13. The Members’ Code of Conduct and associated Disciplinary Procedures can be applied to individuals, groups of students and student clubs and societies.

14. The Students’ Union and the Board of Trustees have an ongoing responsibility to their membership as a whole and therefore have the right to suspend or remove membership and membership privileges, in line with Clause 18 of the Constitution, in the event a member is found to be in breach of the Code of Conduct.

15. Where an allegation is received the Students’ Union reserves the right to suspend some or all membership privileges from a member pending an investigation.

16. Where a member is found, following an investigation, not to be in breach of this Code but holds elected office and is subject to a motion of no confidence which passes then the member will be required to vacate their office.

17. Where a member is found, following an investigation, to be in breach of Bye-Law 8: Members Code of Conduct and Disciplinary Procedures, but holds elected office and is subject to motion of no confidence which falls this Code of Conduct and its procedure supersedes any decision made within a club or society and so the Union reserves the right to impose sanctions as detailed in this Bye-Law.

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18. Members who submit allegations and who are subject to allegations may seek advice and support from the Students’ Union Advice Centre. Contact details for which can be found on the website or by visiting the Students’ Union Office.

Members’ Code of Conduct 19. The Students’ Union shall expect that as a minimum standard of behaviour, each member shall: 19.1. Conduct themselves in a reasonable and responsible manner at all times and whilst being a member of the Union; 19.2. Conduct themselves in a manner of mutual respect and understanding for all members of the University community; 19.3. Not engage in any activity or behaviour likely to bring the Union or the University into disrepute; 19.4. Conduct themselves in a manner that shall not offend others and shall not use foul and abusive language, either orally, in writing or by expression or by engaging in any form of discriminatory or anti-social behaviour; 19.5. Treat all Union and University property with respect and shall not interfere with other peoples’ enjoyment of Union facilities or events; 19.6. Comply with rules and regulations set out in formal Union documentation 19.7. Comply with the reasonable requests of Union and University staff; 19.8. Adhere to relevant health and safety policy and practice and to any specific requirements that apply to areas where they work.

19.9. For those members who have passed a test carried out under the Minibus Driver Awareness Scheme and drive Union vehicles, report to the Union within 10 working days any road traffic offences they commit so that the Union can liaise with their insurer.

19.10. For those members who require a DBS check (Disclosure and Barring Service) in order to participate in Union activity, report to the Union within 10 working days any criminal conviction.

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Breaches of the Code 20. The Students’ Union shall typically consider the following conduct as examples that are likely to constitute breaches of the Code of Conduct and that may therefore lead to disciplinary action, the list is not exhaustive: 20.1. Unacceptable behaviour at Union organised events and activities arising from the consumption of alcohol and/or drugs 20.2. Failure to respect the rights of other members to freedom of speech 20.3. Disorderly, threatening, bullying, or offensive behaviour or language whilst on or off Union and University premises or using University computers or e-mail accounts and engaged, associated to or participating in Union activity, 20.4. Any action that is likely to cause injury or impairment of safety on or at Union events and activities 20.5. Making defamatory or maliciously false statements about any member of the Union community; 20.6. Any interference with fire safety equipment while engaged in Union activities; 20.7. Damage to, defacement of, or misappropriation of, Union property, the property of other members of the Union, or the property of others, whether caused intentionally or recklessly; 20.8. Misuse or unauthorised use of premises and property, including computer misuse; while engaged in Union activities 20.9. Breaches of any other codes, policies or regulations adopted by the Students’ Union.

21. While the examples detailed above could be both minor and serious depending on the severity of the breach the following examples will nearly always constitute serious breaches: 21.1. Theft, fraud, deceit, deception or dishonesty in relation to the Union or its staff and members, or while on Union related activities; 21.2. Discrimination, harassment, victimisation of others on the grounds of their age, disability, gender, gender re-assignment, pregnancy, maternity, race, religion, belief, or sexual orientation; 21.3. The use, possession or supply of illegal drugs on Union premises or while on Union related activity; 21.4. Committing a criminal offence of relevance to the Union or to the member’s standing as a member of the University community; 21.5. Physical or sexual violence towards others, or the threat of physical or sexual violence; 21.6. Persistent or repeated acts of misconduct over an extended period.

21.7. Failure to report relevant criminal convictions or driving penalties to the Union.

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Procedure for dealing with alleged breaches of the Members’ Code of Conduct 22. Allegations that a member has breached the Code of Conduct must be made in writing to the Chief Executive Officer, with explicit reference to Clauses 19 to 21 stating which aspect of the Code has been breached. Written allegations can be sent directly to the Chief Executive Officer or to union@bucks.ac.uk. Where they deem it appropriate the Chief Executive Officer may ask the complainant to detail their concerns using the Union’s Formal Complaints Form.

23. In the course their work Union staff and officers may from time to time invoke the Disciplinary Procedures where they consider a member has breached the Code of Conduct. Where this occurs the process set out in Bye-Law 8: Members Code of Conduct and Disciplinary Procedures will take precedence.

24. Any and all complaints or reports of misconduct shall be received in strictest confidence. To investigate allegations effectively and to ensure transparency, trust and fairness, the Union discourages anonymous allegations except when there is a reasonable and obvious threat to the safety of the complainant.

25. Allegations will be acknowledged in writing within two working days.

26. The Chief Executive Officer will appoint an Investigating Officer within 5 working days of receipt of the allegation. The Investigating Officer will be drawn from the Union’s Senior Managers.

27. The Investigating Officer will investigate the allegation and compile and send a report of their findings to the Member/s being investigated and the Chair of the Disciplinary Panel within 20 working days of receipt of the allegation.

28. Any and all investigations shall be conducted expeditiously. All members are expected, in the interests of the Students’ Union and University, to cooperate with any investigation. There is no obligation to do so and the Students’ Union will not seek to penalise any party or person who does not provide assistance.

29. The Investigating Officer may outline one of three potential outcomes in their report namely: 29.1. That there is no case to answer 29.2. That there has been a minor breach of the Code of Conduct 29.3. That there has been a serious breach of the Code of Conduct 30. The standard of proof to be used in all cases shall be on the balance of probabilities. This means that a disciplinary panel, based upon evidence presented before it, must be more than 51% satisfied that the misconduct of the member occurred. The standard of proof shall not be varied according to the perceived seriousness of an allegation.

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31. If the Investigating Officer considers that there is no case to answer they will write to all parties concerned outlining their reasoning.

32. If the Investigating Officer considers that there has been a minor breach of the Code of Conduct they or their nominee may arrange an informal meeting with the member to discuss the matter. The outcome of the meeting will be recorded in a letter from the Investigating Officer to the member but does not constitute a warning. The letter shall be placed on the member’s file and may only be referred to if there are further concerns about the member’s conduct at a later point in time. The letter shall normally include guidance on how to avoid investigation in the future and the possible consequences of any further breach of Bye-Law 8: Members Code of Conduct and Disciplinary Procedures. The letter will remain on the member’s personal file for the duration of their studies.

33. Both where there is no case to answer and where any breach of the Code of Conduct is minor the Investigating Officer will complete proceedings and send any relevant correspondence within 30 working days from receipt of the allegation.

34. Where the Investigating Officer deems a breach of the Code of Conduct to be serious they will refer the matter to a Disciplinary Panel. At which point the investigating officer will write to the member/s concerned with information on the following: 34.1. details of the allegation; 34.2. the time, date and place of the disciplinary panel meeting/hearing; 34.3. their right to submit a statement of mitigation, defence or admission and to submit documentary evidence 34.4. their right to be accompanied or represented at the disciplinary panel hearing by a friend or a representative but not to legal representation 34.5. a copy of any documentation to that will be referred to or used during the disciplinary panel hearing 34.6. notification that where a member is deemed to have engaged in serious misconduct and that the disciplinary panel can issue a range of penalties and this may include suspension or expulsion from the Union 34.7. notification that investigations and breaches under the Union’s Code of Conduct may lead to disciplinary action being taken by the University.

35. The Member must submit any and all documentation they wish in order to refute or mitigate the allegation no later than five working days after being sent the Investigating Officers report.

36. A Disciplinary Panel will be convened no later than 35 working days after receipt of the allegation.

37. The Disciplinary Panel will be formed of: A sabbatical officer (Chair); An external trustee; A student trustee; Chief Executive Officer (Secretary).

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38. The Disciplinary Panel may call the Investigating Officer, the individual who submitted the allegation and witnesses, including members of staff, to any meeting of the panel.

39. The member may make a statement of mitigation, admission or defence. If the member does not make a statement the case will proceed with the information at hand. In all cases where the member does not admit the allegation, he/she shall be given an opportunity to respond to the allegation.

40. The Disciplinary Panel will review the evidence collected by the Investigating Officer when they reached their initial decision. The Panel will not normally request additional written evidence but reserve the right to do so.

41. If at any stage of the process the Panel feel that additional matters of conduct come to light that have not formed part of the investigation, the Panel may suspend the process and instruct the Investigating Officer to re-commence the investigation including obtaining statements from witnesses and evidence. A new date for the reconvened Panel will be arranged.

42. Where an allegation against a member is upheld, the panel may impose a sanction they deem appropriate including: 42.1. suspension of Union membership for a specified period of time, up to and including the remainder of the academic year or equivalent period; 42.2. qualified membership, defined restrictions to the membership rights of the individual or club/group/society, or ability to serve as a trustee; 42.3. withdrawal of Union membership; 42.4. suspension of a club, group or society; 42.5. a fine and/or ban on specific activities to the individual or club/group/society.

43. The Disciplinary Panel will, through the Secretary, write to the Member concerned no later than 40 working days after receipt of the allegation to inform them of their decision. Except where they have requested additional written evidence.

44. Where the Member is dissatisfied with the outcome reached by the Disciplinary Panel they may submit an appeal.

45. Appeals must be based on one or more of the following grounds: 45.1. That new information has come to light, which calls into question the validity of the conclusion reached by the disciplinary panel; 45.2. That there was a material irregularity in the conduct of the process; 45.3. That the sanction imposed by the disciplinary panel was disproportionate to the offence committed.

46. Appeals should be addressed to the Trustee Board and submitted in writing to the Chief Executive Officer no later than 10 working days after of the date of the Disciplinary Panel’s outcome letter.

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47. Where the Disciplinary Procedure has been triggered by a complaint the complainant will be informed of the outcome no later than 11 working days after the date of the Disciplinary Panel’s outcome letter. This communication will detail the outcome and inform the complainant as to whether it is subject to appeal.

48. Appeals will be considered by the next full meeting of the Trustee Board.

49. The decisions open to the Trustee Board considering the appeal are as follows: 49.1. To uphold the finding of the disciplinary panel, including the sanction(s) imposed; 49.2. To uphold the finding of the disciplinary panel, but to reduce or increase the sanction(s) imposed; 49.3. To dismiss the case against the member.

50. The outcome of the Appeal must be communicated to the Member within five working days of the Trustee Board meeting.

51. Trustees involved at the Disciplinary Panel stage will play no part in the appeal.

52. The decision of the Trustee Board is final.

END

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Appendix 1 Disciplinary Procedures Timeline Important notes: i. This is an indicative timeline based on upper time limits for the various stages. On occasion proceedings may be completed in a shorter timescale. ii. Unless otherwise stated all time periods are based on working days (Monday to Friday excluding Bank Holidays).

(all numbers are in working days) -10

Incident Occurs

0

Allegation submitted in writing to Chief Executive Officer or instigated by another Union process (eg receipt of a complaint or outcome of Bars Disciplinary Procedure)

+2

Allegation acknowledged in writing by Chief Executive Officer

+5

Investigating Officer appointed

+20

Investigating Officer completes and submits report

+25

Any additional documentation or evidence requested by the Investigating Officer is submitted by the Member under investigation

+30

Outcome letter sent in the instance there is no case to answer or a minor breach of the Code of Conduct

+35

Disciplinary Panel convened

+40

Outcome letter sent to the Member under investigation Appeal Stage

+10

Appeal lodged in writing to the Chief Executive Officer

+11

Where issue was triggered by the Complaints and Appeals Process, outcome letter sent to complainant Appeal heard at next scheduled meeting of Trustee Board

+5

10

Final Outcome letter sent to Member

Bucks Students’ Union Queen Alexandra Road, High Wycombe, Bucks HP11 2JZ Tel: 01494 601 600 Email: union@bucks.ac.uk Website: bucksstudentsunion.org Bucks Students’ Union is a registered charity – no. 1144820 VAT Reg. No. 669 0980 87