Bye-Laws June 2012
Queen Margaret Union Bye-Laws June 2012
Kirsty Hill QM UNION PRESIDENT 2011-2012 on behalf of the Board of Management.
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Bye-Laws I. Membership A. Joining the Union a. Ordinary Members Any currently registered student of the University of Glasgow may join the Union as a Ordinary Member. Membership will be granted after registering the name, permanent address, date of birth and student number of the applicant, in any way deemed fit by the Board of Management. Life Members shall be subscribed to the Union as per the Constitution. b. Life Members A Life Member can hold an Ordinary Membership of the Union simultaneously, provided they fulfill the requirements of each membership. B. Temporary Membership Temporary Membership is only granted under the terms set out by the Constitution, license, and any other relevant statute or law. Temporary Membership grants access to the building, based on Bye-Laws VI Operations (Conditions of Entry), and allows the Temporary Member to use the Bars of the Union, and enjoy any Entertainments provided Temporary Membership does not give the right to: vote in elections or any other right unless explicitly granted by the Board of Management. a. Reciprocal Temporary Member A member of a Students’ Union or Students’ Association with which the Union holds a reciprocal agreement of entry will be deemed as a Reciprocal Temporary Member on production of valid identification for that institution. Reciprocal Temporary Members will be disciplined as non-members. The matter may also be referred to the Reciprocal Temporary Member’s institution for further action. Reciprocal Temporary Membership shall last as long as the person remains in the building, or until Bars close, whichever is earliest. Exceptions may be made by the Board of Management, whom failing, the Executive Committee. b. Attendee Temporary Member
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An Attendee Temporary Membership is granted by the production of a ticket during an event for which the Executive Committee, or Board of Management, have deemed Attendee Temporary Membership possible. Attendee Temporary Membership shall last for the defined duration of the event. C. Resigning Membership Membership may be resigned in writing. The letter should be addressed to the Honorary Secretary who shall produce a letter confirming resignation. The membership records shall be modified appropriately to show the resignation.
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Bye-Laws II. Board of Management A. Meetings of the Board of Management 1. Quorum The quoracy for meetings of the Board of Management shall be as per the constitution of the Union. In the event of any meeting failing to attain quoracy, discussion may take place but no vote may be taken. 2. Agenda The set agenda for the meetings of the Board of Management shall be as follows: 1. Sederunt 2. Apologies 3. Addition of Agenda Items 4. Minutes of the Previous Meeting 5. Minutes from other meetings 6. Reports 7. Affiliations 8. Life Membership Applications 9. Submitted Agenda Items 10. Agenda Items rising from the meeting 11. Action Points from Meeting 12. Date of next meeting The meeting shall be deemed confidential until stated. Agenda items should be submitted to the Chair, whom failing, an Executive Member no less than 48 hours before a meeting. Submissions after this time must be presented under item 3 of the standard agenda. Agenda items should, wherever possible, be submitted in writing, with a full explanation and action requested. All members of the Board of Management shall have the right to present matters for inclusion into the agenda before the meeting. On the signed request of two Student Members a motion may be tabled twenty-four hours before the start of the meeting. The motion will be raised following all other tabled agenda items. These will not be formal motions, but items for discussion. The chair may guillotine any non-urgent item if it is felt that the allocated meeting time has expired. Guillotined items shall be dealt with within two quorate sittings of the Board of Management. Any disputes over the agenda must be settled by a show of hands.
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3. Attendance a. Requirements All Board Members, with the exception of ex-officio, Honorary President, Honorary Vice-Presidents and Former Student Members, who miss two consecutive meetings of the Board of Management without apologies or three with apologies shall be deemed to have remitted office. b. Apologies Apologies for absence should be submitted to the Honorary Assistant Secretary by the start of the board meeting. c. Leaving the Meeting The Duty Board member shall be responsible for the answering of business during a Board meeting, and only Duty Board members may leave a Board meeting whilst it is in progress, unless otherwise stated, or under extenuating circumstances. Student Members of the Union who are not Board Members may leave at the end of an agenda item, at the discretion of the chair. d. Speaking Rights During the non-confidential open periods prior to a motion coming to vote, Student Members may contribute to a Board meeting. All contributions must be addressed through the Chair. Should a member refuse to speak through the Chair, or cause a disturbance with a view to disrupting the meeting, they may be required to leave following a decision of the Board of Management 4. Reports a. Reports on the Agenda The Reports section of the agenda shall consist of:
1. General Managersâ€™ Report to the Executive Committee 2. Executive Reports 3. Reports of Convenors of the Standing Committees, in alphabetical order. 4. Any other reports requested at a meeting of the Board of Management 5. Any other reports submitted
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b. Reports in the Minutes Each report shall individually be recognised as submitted by the Board of Management. When a report has been recognised as submitted a short summary of its non-confidential contents shall be transferred to the minutes. c. Reports not submitted Any Executive, Convenor Committee or requested report shall be classed not submitted if it is not submitted in writing or via email to Honorary Assistant Secretary by the agreed deadline. d. Discipline for Reports Reports not submitted will be noted in the minutes as such and a reprimand issued to the offender. The reprimand is repeated for each subsequent meeting of the Board of Manage at which the report is not submitted. 5. Confidential Business The following matters shall constitute confidential business:
• • • •
Staff Wages Staff and Board of Management discipline Gross Profit Margins Correspondence concerning the discipline of members, until the date of the disciplinary committee meeting • Extraordinary business deemed confidential at the discretion of the Board of Management • The Honorary Treasurer’s Report In the event of a confidential matter being raised at the open session of the meeting, and being deemed necessary of immediate discussion the board may vote to discuss this following all other non-confidential agenda items. 6. Motions Unless otherwise stated, all motions must be proposed and seconded. In the event of an amendment that is unacceptable to the proposer, or a direct negative to that amendment, said amendment shall be debated and voted upon before the main motion. If passed, it shall become part of the substantive motion. The Chair has power of Guillotine. a. Procedure for Debate 1. The Chair shall read the motion
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2. 3. 4. 5.
The Chair shall invite the Proposer of the motion to speak The Chair shall call for amendments The Chair shall read the amendment(s). If they are acceptable to the Proposer there shall be a speech for the substantive 6. The Chair shall allow points of clarification 7. There shall be an open period of discussion, during which further amendments may be submitted 8. After all amendments have been dealt with, the Chair shall call for a direct negative to the substantive motion 9. The Proposer of the direct negative shall speak 10. There shall be an open period of discussion 11. The Chair shall then call for the proposer of the direct negative to sum up 12. The Chair shall then call for the proposer of the substantive motion to sum up. 13. There shall then be a vote b. Methods of Voting In a straight vote there shall be: A vote for the motion, a vote against the motion, and abstentions. For the purposes of calculating the required majority, votes for and against will be added together with abstentions discounted from any calculation. The Chair has a deliberative and casting vote c. Roll Call Vote Any member present may call for a Roll Call Vote, where the vote on the current motion will be by publicly recorded ballot. d. Challenge to the Chair A challenge to the Chair requires a two thirds majority. If the motion stands, the chair will move to the next senior office bearer. e. Votes of No Confidence and Censure Votes of No Confidence and Censure require a two-thirds majority to be binding. i. Effects If passed, a Vote of No Confidence results in Immediate Dismissal from the Board of Management, as per Board Member Discipline, (Bye-Laws V. Discipline Procedure) If passed, a Vote of Censure will have the same effect as a censure, as per Board Member Discipline, (Bye-Laws V. Discipline Procedure) 7
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ii. Minuting If the vote is carried, it shall be minuted under NonConfidential Business If the vote for the motion receives a majority of less than two-thirds it shall be minuted under confidential business If the vote does not receive a majority it shall be minuted under Confidential Business, with no-names recorded. f. Next Business A vote on a motion of Next Business must be taken immediately, should said vote be carried by a simple majority, the meeting shall, without further discussion move on to the next item on the agenda. B. General Elections for internal board positions shall take place by a show of hands, with the candidates not present. 1. Convenor of Current Student Representatives (CCSR) The post of CCSR falls open after the Annual General Election, the November By-Election or whenever a CCSR steps down. The election will be held at the first scheduled Current Student Representative Committee meeting after the post falls open. 2. Lieutenancies The Board of Management may appoint 1 lieutenant for each Convenor, save the CCSR. Election of Lieutenants will take place at the first quorate Board Meeting after the Annual General Election and the Autumn By-Election or if the position otherwise becomes vacant. The Election shall be conducted using the Single Transferable Vote system. Lieutenants will be elected by all voting members of the Board of Management from among the Current Student Representatives. Lieutenants are expected to attend all meetings of the committee to which they are appointed, to support the Convenor in the work of the committee, and to provide leadership in the activities of their committee. The election of a lieutenant does not preclude a Convenor delegating responsibility for specific tasks to Board or Committee members. 3. Staff-Student Representatives Appointment of Representatives to Staff-Student Committees will take
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place at the first quorate Board Meeting after the November By-Election. Representatives will be elected by all voting members of the Board of Management. Current Student Representatives, failing whom, any member of the Board of Management may be appointed to Staff-Student Committees. Representatives will hold their positions until the following November, unless they cease to be members of the Board of Management, in which case a replacement will be elected. 4. Budgets A Convenor may spend up to one hundred pounds (£100) prior to the agreement of any budget by the Finance Committee, upon the authorisation of any two members of the Executive Committee. That expenditure shall be reported, with full explanation, to the next meeting of the Board of Management by the Convenor. All Convenors will prepare an annual written budget submission at the request of the Finance Committee. 5. Ad Hoc Positions In the event that any Convenor position as in Constitution II Paragraph 2.1 becomes vacant, the Executive Committee may choose to delegate the relevant responsibilities to a suitable member of the Union. This member will be referred to as the Temporary Conevnor. This decision will take place with immediate effect. At the next quorate meeting of the Board of Management, an internal election shall be held to elect an Ad Hoc Convenor. The election will be held as per Byelaws II B. General, save that nominated candidates may also be Ordinary Members. Appointment of the Ad Hoc Convenor does not grant membership to the Board of Management, nor does it affect the duration of any position already held. If the Ad Hoc Convenor does not hold a place on the Board of Management, they shall be excluded from meeting so the Board of Management during the discussion of all confidential business as detailed in ‘Byelaws II: Board of Management; Section A: Meetings of the Board of Management; Article 5: Confidential Business’. An Ad Hoc may not vote in any meeting of the Board of Management, unless another position held allows them to do so. In accepting the position of Ad Hoc Convenor, the elected member agrees to: i)
be bound by the responsibilities relevant to the position they hold, as detailed in ‘Policy III: Board of Management; Section B: Board 9
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Structure; Article 3: Job Descriptionsâ€™. ii) attend all training relevant to the position to which they have been elected by the Board. iii) be subject to Bye-Laws V. Discipline, J. Board Discipline The Temporary or Ad Hoc Convenor will be granted access to all union facilities crucial to their position, including but not limited to: The Convenors Office, Photocopying and Printing facilities and suitable Computer Logins. The positions of Temporary or Ad Hoc Convenor cannot be filled by a member of Union staff
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A. Establishment of Committees The following standing committees shall be established by each Board of Management which takes office, as per the Constitution Section III (Board of Management) Paragraph 3 (Committees). 1. Convenor Committees i. Open Convenor Committees i. ii. iii.
Publications Social Campaigns and Charities
ii. Closed Convenor Committees i. Events 2. Other Committees
Current Student Representatives CBP Committee
The Board of Management may establish any other ad-hoc committees as it deems fit. B. Composition and Requirements of Committees The composition of committees will be as outlined in the Constitution Section III (Board of Management) Paragraph 3 (Committees). 1. Convenor Committees
The Chair shall be the elected Convenor, whom failing an Ad Hoc Convenor their lieutenant, or an Executive Member. • A Convenor Committee should meet no less than fortnightly during termtime, with the exception of the Freshers’ Week Committee. • A report of each meeting shall be given to the Board of Management. • Convenor Commmittees may be deemed Open or Closed following a proposal to the change A.1 at a meeting of the Board of Management. i. Open Convenor Committees
Any ordinary member, life member, or other invitee may attend Convenor Committees. ii. Closed Convenor Committees
Any process of selecting members of a closed convenor committee must be authorized by the Executive. • Only members selected or invited by the chairing Convenor may attend Closed Convenor Committes. 11
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Members of the Board of Management , other than the Convenor and their lieutenant, may not attend Closed Convenor Committees without invitation. â€˘ 2. Other Committees a. Current Student Representatives The Chair shall be the Convenor of Current Student Representatives, whom failing any Board Member as deemed by the Board of Management. The Current Student Representative Committee Meetings shall discuss all non-confidential business of the Union. Any member may attend the Current Student Representative Committee. A report of each meeting shall be given to the Board of Management. b. CBP Committee The CBP Committee shall recommend amendments to the Constitution, Bye-Laws and Policy to Meetings of the Board of Management. Shall be chaired by the President, whom failing, any Executive Member. Any Board Member may attend CBP Committee.
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Bye-Laws IV. Elections A. Powers of the Returning Officer The Board of Management shall appoint a person who is not a member of the Board of Management, nor a matriculated student of the University of Glasgow but who is deemed competent by the Executive Committee to be Returning Officer. They shall be responsible for the proper conduct of the elections and for the appointment of polling officers. The Returning Officerâ€™s decision in all matters pertaining to the elections shall be final, notwithstanding the right of any candidate to demand one (1) recount of votes cast in the constituency for which he or she is a candidate. B. Assistant Returning Officer The Assistant Returning officer shall be the Honorary Assistant Secretary, whom failing a member of the Board of Management selected by the Board of Management. The Assistant Returning Officerâ€™s responsibilities are to: (a) assist the returning officer (b) ensure due notification of the election (c) ensure fairness in the electoral process. The Assistant Returning Officer cannot nominate any candidate or be nominated as a candidate for election. C. Annual Elections Annual Elections shall take place on a Thursday during the Arts term during the weeks set out in the Constitution. D. By-Elections By-elections shall take place as necessary during the Critical Studies term on a date appointed by the Board of Management. By-elections shall not be held in the two (2) weeks prior to the Annual Elections.
E. Notification of Elections At least seventeen (17) days prior to the date of the elections the Assistant Returning officer shall post notice on the Union notice boards stating:
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(a) (b) (c) (d) (e)
the seats to be contested in which constituency for what duration the date and time of the opening and closure of nominations the date and time of polling.
Such posters, pamphlets and advertisements concerning the election as the Board of Management may prepare shall be displayed in suitable places throughout the Union and University. F. The Nomination Period Nominations will be open from Nine (9) am until Four (4) pm Monday through Friday of the week prior to the elections. The Returning Officer will declare invalid any nominations which are received after the closure of nominations on the Friday preceding the elections. Any member wishing to be nominated who cannot be present in the Union to do so can write a letter of intent, which must reach the Union by the last day of nominations. This letter must have on it the signatures of two (2) members who wish to nominate them. At the close of nominations the Returning Officer shall scrutinise all nominations received and shall post notice of all valid nominations received. The names of those nominated shall not be posted prior to the close of nominations. G. Nomination Forms and Attachments (a) (b) (c) (d) (e)
Nomination forms shall be signed by one proposer, one seconder and the candidate. Proposers, seconders and candidates must all be members of the Union All candidates must sign the declaration on the nomination form. Each candidate shall submit at least one photograph of themselves. Each candidate shall submit a manifesto.
H. Manifestos Manifestos must be of a length of words no greater than four hundred (400) for those standing for election to any position elected by the membership, excluding Honorary positions. In addition to the maximum word length, candidates may also submit brief statements of name, age year of study and subject studied. I. Restrictions on Nominations (a) No person may be nominated for more than one vacancy in an election. (b) No person may nominate or second more candidates for a vacant constituency than there are vacancies in that constituency. (c) No person may be nominated for any constituency without his or her written consent. 14
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J. Disability and Special Needs Provision Any Board Member with a registered disability, chronic medial condition, or special need is required to disclose the relevant information to the President, whom failing, any other Executive Member. The disclosure will be confidential to the Executive Committee. The disclosure should be made before the Board Member performs their first duty. The purpose of the disclosure is to ensure that; reasonable adjustments to policy and procedure can be made, Health and Safety requirements are met, and the safety of the Board Member is guaranteed during the course of their duties. K. Conditions of Nomination for Continuing Board Members Any person who stands for election to the Board of Management who is already a member of the Board of Management must give notice of their resignation by the opening of nominations for that position to become available in that election; with the exception of members of the Executive or Convenor seeking election to another Executive or Convenor position. No Board Member may occupy more than one (1) voting seat on the Board of Management at the same time. L. The Hustings Meeting In the three (3) days prior to the elections a hustings meeting shall take place at which the candidate or someone nominated by the candidate may make a two (2) minute speech and answer questions from members of the Union. M. Times of Polling On the day of elections polling will take place between the hours of 9.00am and 6.00pm. N. Calculating Election Results All elections shall be decided under the Single Transferable Vote system as hereunder described: (a) Ballot papers shall be marked in order of preference (1,2,3, etc.) (b) If a ballot paper is wrongly marked it shall only be counted if the voter’s intention is clear, this decision to rest with the Returning Officer. (c) The number of votes required to secure election shall be: Total number of votes cast ——————————--------
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Number of vacancies +1 The figure so obtained shall be the “Quota”. The “total number of votes cast” shall be the total number showing a valid first preference. (d) If any candidate receives the “Quota” that candidate’s votes will be split according to the next available preference and these votes added to the remaining candidates as indicated on the ballot paper. (e) If no candidate receives the “Quota” the candidate with the least votes shall drop out. The Candidate’s votes will be split according to the next available preference and these votes added to the remaining candidates as indicated on the ballot paper. (f) Should the “Position Vacant” option have the least votes, the candidate with the second least votes shall drop out instead of the “Position Vacant” option. (g) The “Quota” will be recalculated whenever votes are redistributed as outlined in (d) and (f) above. (h) The process from (b) to (g) above should be repeated until all vacancies are filled or the “Position Vacant” option receives the “Quota”. O. Online Voting Wherein a member is unable to attend the QM polling station on the day of polling, they may apply to the Returning Officer to submit their vote online. The process for doing so is hereunder described: 1) The member shall contact the Returning Officer, whom failing the Assistant Returning Officer no less than two days before polling opens. 2) The member's identity shall be verified against held membership details, by submission of a form verifying their details, and outlining a reason of absence. 3) The member shall be given a code with which to verify themselves on the day of polling. 4) On the day of polling, the member shall fill out an online secret ballot, using the method outline in Byelaws IV. N. Polling hours are as according to Byelaws IV. M. Any two (or more) votes that use an identical code, or any votes submitted under invalid codes, shall be considered void. 5) The Returning Officer, whom failing the Assistant Returning Officer, shall supervise the transferal of submitted votes to the ballot box, wherein they shall be considered equal to all other submitted votes, and the members shall be recorded as having voted.
P. Breaking Ties In the event of two or more candidates being tied in last place, the need arises to break the tie, and for one candidate to drop out so that their votes can be redistributed. This shall proceed as follows: All ballots will be redistributed to their highest preference between the the tied candidates only. The candidate with the lowest number of votes at this point will drop out, and have their votes redistributed. If a tie still results after the above measures, a re-election will be called for the remaining seats. 16
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Q. Election of Staff to the Board of Management Staff wishing to stand for any position other than Staff Representative must have resigned from their position in writing a week or more previously. The election of Staff Representative is an election save that: a. Only members of staff may vote or stand for the constituency of Staff Representative. b. Procedure i. In paragraph F (The Nomination Period) the “week before elections” will refer to the pay period before the close of nominations for student constituencies. ii. Ballots and envelopes will be distributed with payslips at the end of the pay period, by the Assistant Returning Officer, prior to the polling day, and must be submitted by the close of polls on that day. iii. Ballots may be submitted early, in the provided envelopes. The Assistant Returning Officer must keep a register to record the submission of early ballots. When a ballot is submitted, both the member of staff and ARO should sign the register If the ARO is not present, the General Manager or Duty Board Member should countersign the register. iv. Early Ballots should be kept in a secure location c. Paragraph L [The Hecking Meeting] does not apply to the election of Staff Representatives. d. If the Staff Representative ceases to be a member of staff, then they can no longer hold their position as Staff Representative. Campaigning is subject to the restrictions of Paragraph Q [Candidate Election Expenses] and Paragraph R [Restrictions on Campaigning]. In Paragraph R, (b). “Second Floor” shall be read as “staff room”. R. Election Results The counting of the votes shall be supervised by the Returning Officer who shall publish the results of the election as soon as they are known. In the event of: a. all vacancies being filled, candidates shall take office as outlined in the Constitution. b. the “Position Vacant” option receiving “Quota”, any candidates who received “Quota” at the same time or earlier than the “Position Vacant” option shall be deemed elected and any remaining positions left vacant. Candidates shall take office as outlined in the Constitution and a by election shall be held for any vacant seats. S. Candidate Election Expenses
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No later than 4pm on the day of polling each candidate shall submit invoices and/or receipts for such monies as has been spent on electoral material and a statement of all donations received to the Assistant Returning Officer. The total value of such monies and donations shall not exceed Thirty Pounds (ÂŁ30.00) for any seat excluding Honorary Positions. Candidates spending no monies on election materials must notify the Returning Officer - whom failing the Assistant Returning officer - no later than 4pm on the day of the election. T. Restrictions on Campaigning: (a)
No canvassing for candidates shall be allowed in the Union at any time except for R.(b).
No leafleting shall be allowed in the Union at any time except on the second floor of the Union the day before the day of polling.
No election propaganda for a candidate shall be produced or copied on Union equipment which is not commercially available. No notices shall be chalked, painted or affixed on walls or pavements.
If any candidate is found guilty of such canvassing his or her election shall be declared null and void. All preceding rules on the electoral procedure must be adhered to by both the candidate and all those campaigning on the candidatesâ€™ behalf. U. Complaints Procedure Any complaint regarding election expenses and/or procedure can be lodged, by any member, with the Returning Officer or Assistant Returning Officer no later than Six (6) pm on the day of polling: no complaints shall be considered once polling has ceased. It is the responsibility of any continuing Board Member to lodge complaints should any infringements of the Bye-Laws/Constitution comes to his/her notice. If any election is declared invalid, a by-election shall be held.
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Bye-Laws V. Discipline Procedure A. General (a) Unless stated otherwise, Reports, Charges, and the decisions made in the Disciplinary Procedure are confidential. (b) While awaiting resolution, those subject to Disciplinary Procedure are free to use the facilities of the Union until a Summary Charge is brought or a Disciplinary Hearing is convened. This privilege may be withheld at the discretion of the Executive Committee, whom failing The Board of Management. (c) Where letters are sent to those involved in the Disciplinary process they should be sent by registered post to the relevant permanent address along with a full explanation of the disciplinary process. All such communications should be marked Private, Confidential, and Urgent. Where a response is expected, they should include a Stamped Addressed Envelope. (d) Where this Policy mentions Days these are considered to be working days, both in and out of Term. (e) A charge will automatically fall, if, following a report, the Convenor fails to perform their duties within the given timescale. (f) The Honorary Secretary is the default Convenor of the Disciplinary Committee: whom failing the Honorary Assistant Secretary, whom failing any standing convenor, the President, the Honorary President or either Honorary Vice President (after ratification by the Executive Committee or Board of Management). (g) Should any part of the Procedure take place outwith term time, it shall not proceed if either the Reporter or Chargee has failed to acknowledge receipt of communications within three (3) days of the relevant deadline. The process will be rescheduled as Paragraph D. (c) (h) Where this Policy mentions timescales, their start date shall be the completion of the previous stage, unless stated otherwise. B. Charges (a) Charges are brought on behalf of the Board of Management by the Disciplinary Committee. When an offence has occurred, the incident is reported to the Disciplinary Committee through the Convenor. (b) A Report may be made by any Member of the Union or member of staff. (c) A Report should be made on an Incident Report Sheet, to be made available by the Executive from the Executive Office, the General Office, and at Reception. (d) Where the Reporter is not a member of the Board of Management, the sheet must be countersigned and dated by a member of the Board of Management 19
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â€“ ordinarily the Duty Board Member. (e) The Report Sheet should include: the name of the Reporter; the name of the Chargee; a description of the incident including the date, location, and time; and the names and contact details of any witnesses, including the reporter and chargee. The Report Sheet need not specify the specific offence as outlined in Paragraph G. (f) The Report Sheet must be given to the Honorary Secretary within five (5) days of the incident. (g) Reports will only be accepted outwith the five day period in exceptional circumstances as determined by the Executive Committee, whom failing the Board of Management. (h) When a Report Sheet has been completed, the Convenor shall provisionally determine the nature of the offence(s) as outlined in Paragraph G. (i) If the Convenor does not doubt the accuracy of the report, and there is clear evidence supporting the charge, the charge may be completed as a Summary Charge as Paragraph C. (j) If the detail is in doubt or the evidence is unclear, or if the Chargee is unhappy with a Summary Charge, then the charge will be referred to a Disciplinary Committee. (k) If the chargee is a Staff member then the incident is dealt with under the Staff Protocol. (l) If the chargee is not a member of the Queen Margaret Union, then they cannot go through Disciplinary Proceedings. At the time of the offence the Executive, whom failing the Duty Board, may decide on the relevant discipline and act upon it. If the chargee is a member of an organisation with which the Queen Margaret Union has a reciprocal agreement, the incident should be reported to that organisation by the Convenor. If the chargee has been signed in, a charge of Aiding Another in an Offence may be brought against the member who signed in the offender, after a report sheet has been submitted in the usual fashion. (m)Those granted Temporary Membership shall be treated as nonmembers above. C. Summary Charge (a) The Convenor determines the appropriate penalty for the offence and communicates the decision on behalf of the Disciplinary Committee to the Chargee and Reporter. This communication should take place within five (5) days. (b) Both the Chargee and the Reporter have ten (10) days from receipt of the letter to request that the matter be referred to a Disciplinary Committee. If neither responds within that time the Summary Charge shall stand. (c) All punishments generated through a Summary Charge shall not take effect 20
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until after the right to request referral to a Disciplinary Committee has expired. (d) The Convenor shall immediately refer the matter to a Disciplinary Hearing where: (I)
The Recommended Punishment according to the Bye-Laws is greater than a Censure (ie, a Ban) or a fine with a value greater than fifty pounds (ÂŁ50) as outlined in Policy (V) Discipline.
(II) The recommended punishment would, when combined with previous disciplinary decisions, be greater than in (I) (III) The Convenor has good reason to doubt the validity of the Report. D. Disciplinary Committee (a) Where a Report leads to a Disciplinary Hearing, or one has been requested, the Convenor must convene a Disciplinary Committee and arrange a date for the Hearing within five (5) days. The hearing should be scheduled for a date not greater than twenty (20) days after the request. (b) The Reporter and Chargee should be given notice ten (10) days before the Hearing, and be asked to acknowledge receipt of that letter in writing. (c) Up to three (3) days before the hearing the Reporter or Chargee may give written notice of inability to attend. The meeting should be rescheduled within five (5) days, with ten (10) days notice of the rescheduled date given to the Reporter and Chargee. (I)
A Committee that has been rescheduled may request a written statement from the Reporter and Chargee.
A Committee that has been rescheduled twice is empowered to reach a decision in absentia.
(d) The committee hearing the case of a charged ordinary member shall consist of three (3) members:(I)
The Convenor â€“ as Paragraph A. (f)
One (1) member of the Board of Management, selected by the Convenor
One (1) Student Member of the Union, selected by the Convenor.
(e) Committee members should be chosen at random, and should not be involved in the incident or the report, nor should they be familiar with the chargee, where-ever possible. (f) Quorum shall be three (3). An inquorate meeting shall be reconvened as if the Reporter or Chargee were unable to attend, save that the meeting will not count towards empowering the committee to make a decision in absentia. 21
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(g) The Convenor is non-voting, except in the case of a tie. (h) The Committee shall minute the proceedings. This task will usually fall to a member of the Board of Management. E. The Disciplinary Committee Hearing (a) The reporter and chargee may be present for the Inquisition stage of the hearing. They will be asked to leave for the Deliberation stage. (b) The Reporter and Chargee may each be accompanied by one representative. All or any of the parties may be excluded from all or part of the hearing in the interest of good order or the security of the Union; where the interests of vulnerable individuals or the protection of the private life of the parties so require, or to the extent strictly necessary where publicity would prejudice the interests of justice. This decision should be made by the convenor. (c) Only those members of the committee as described in Paragraph D. (d) may question the witnesses, including the Reporter and Chargee. (d) Inquisition Stage
The Report shall be read out by the Convenor. The Reporter, if present, shall be asked to add details relevant to the report. (III) The Committee may question the Reporter. (IV) The Chargee may then make a statement. (V) The Committee may question the Chargee. (VI) The Committee may call in and question any witnesses requested by the Reporter and Chargee. The Committee may also consider any evidence or written statements submitted. (VII) The committee shall determine the nature of the charges that will be brought, if any. (VIII) The Reporter will be asked if they assent to the specific charges being brought (IX) The Chargee will be asked if they object to the charges being brought. (X) The Committee will be asked if they agree with the charges being brought. (XI) If the charges are not agreed to then the Committee may reconsider. (XII) Once the charges are agreed, the Committee will ask the Chargee if the charges are Correct or Not Correct. (XIII) The Reporter will be given the chance to make a final statement. (XIV) The Chargee will be given the chance to make a final statement. (XV) The Reporter and Chargee will be asked to leave. (XVI) The Committee will enter the Deliberation Stage (e) Deliberation Stage (I)
The Committee may consider the Charges separately for discipline, or
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(II) (III) (IV) (V)
as a whole, or any combination thereof. The Committee will determine if the charges are Correct or Not Correct. The committee shall take into consideration the Board of Managementâ€™s Policy on Discipline when making its decision. The Committee shall determine the appropriate Disciplinary Action if the charge is Correct. If the charge is not correct then no action will be taken. The Committeeâ€™s decision and the reasons for that decision shall eb recorded within the record of the Hearing.
(f) The Reporter and Chargee will be informed of the Committee's decision, and, where appropriate, the reasons for that decision, by letter within ten (10) days. The Committee's decision shall take immediate effect. (g) Discipline details should be recorded in the Discipline archive within ten (10) days. (h) The outcome of the hearing shall be reported to the Board of Management during the Confidential Business of the next Board Meeting. F. Appeals (a) If the Reporter or Chargee wishes to appeal against the decision of the Disciplinary Committee, they may do so within five (5) days of receiving notice of the Committee's findings. (b) Such an appeal shall be made in writing, indicating the grounds for the appeal and a short description of the basis of the appeal. (c) The grounds for appeal are: (I) (II) (III) (IV)
Failure to follow procedures, including: a failure to observe the rules regarding notice; conducting the hearing in a partisan manner. Incorrect interpretation of the bye-laws, where the committee interprets an incident as an offence that does not cover the incident. Unreasonable Conclusion. This shall include decisions in defiance of the facts as presented, including the imposition of inappropriate penalties. New Evidence. Such evidence must not have been reasonably available at the first hearing, and be sufficient to put the original decision in doubt.
(d) Within ten (10) days of a request for appeal, an Appeals Inquiry will be formed. (e) The Inquiry shall consist of three (3) members: (I) (II) (III)
A Convenor, as outlined in Paragraph A (f) Two (2) Board Members No member of the original Disciplinary Committee may participate as a member of the Inquiry.
(f) The Appeals Inquiry shall consider the written record of the original 23
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disciplinary, the request(s) for appeal, and may question any of the participants of the original disciplinary. Those asked to attend an appeal shall be given ten (10) days notice. An appeal committee is empowered to make decisions in absentia of the appellate. If it is determined that the appeal is worthwhile, there shall be an Appeal Hearing. (g) The Appeal Hearing is in every respect identical to a conventional Disciplinary hearing, save that:
(I) (II) (III)
The Period of Notification, Bye-Laws Paragraph C. (a), shall begin with the decision of the Appeals Inquiry. No member of the original Disciplinary Committee or the Inquiry may be a member of the Appeal Committee. Subsequent appeal shall fall under Paragraph F. (h) rather than the whole Paragraph F.
(h) Subsequent appeals will only be entertained under Paragraph F. (c) I) they will be discussed in the next Board Meeting, within confidential business. The Reporter and Chargee may be present, but will be subject to the usual rules of Board Meetings. They are permitted to bring a representative, as Paragraph E. (b) The Board may: (I) (II) (III)
Refer the appeal to a third and final Hearing. Affirm the previous verdict. If necessary, modify Disciplinary Bye-Laws and Policy.
(i) Should the Reporter or Chargee still be unhappy with the decision, they may petition the Secretary of Court, as outlined within the University's Code of Conduct for Student Bodies. G. Offences A member may be charged with the following offences: a) b) c) d) e) f) g)
Aiding Another in an Offence Assault (Physical, Sexual or Verbal) Breach of the Peace Breach of Policy Illegal Entry Obstruction of a Board Member in the course of his or her Duty Violating a Ban imposed by the Disciplinary Proceedings of the Queen Margaret Union h) Violating a Censure imposed by the Disciplinary Proceedings of the Queen Margaret Union i) Damage to, or theft of, Union, Members', or guests' property. j) Partaking in any activity that compromises or jeopardizes the license of the Queen Margaret Union k) Partaking in any activity or exhibiting behavior that is not considered by the Board of Management to be appropriate conduct within the Queen Margaret Union H. Disciplines
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a) The following Punishments may be imposed: (I) (II) (III) (IV)
Ban – A ban of at least one month Censure – A short ban of up to 15 days. Fine (for damage or theft) Reprimand – A formal notice of disapproval
b) In the case of a Ban, the member's membership card shall be marked with the duration of the ban, and notice of the ban must be circulated to the reception staff, the stewards, and the General Office. The Discipline Archive should also be amended to include this information, as discussed in Section V of Policy Discipline. c) Punishments may vary from those outlined above, as developed in Section V of Policy Discipline. I. Reporting Members of the Board of Management The procedure for reporting a Board Member is the same for an Ordinary Member, save that: Paragraph B. (b) Reports may be brought by any Student or Board Member. Paragraph B. (k) Staff members may not Report Board Members but must follow an agreed grievance procedure through the President, whom failing a member of the Staffing Committee. J. Board Discipline After a Report, a Board Disciplinary will run as a conventional Disciplinary process, save that (a)
the Convenor in the first instance shall be the Honorary Assistant Secretary, whom failing as Paragraph A. (f) The recommended punishment according to the Bye-Laws is a Fixed Ban of more than one month [censure] or a fine with a value greater than twenty pounds (£20) or immediate dismissal from the Board of Management. Where a Report leads to a Disciplinary Hearing, or one has been requested, the Convenor must convene a Disciplinary Committee and arrange a date for the Hearing within five (5) days. The committee hearing the case of a charged Board member shall consist of four (4) members:(i) (ii)
The Convenor as Paragraph J. (a) I Three (3) members of the Board of Management, selected by the Convenor
No Board Member Discipline should be added to their membership details and should not be added to the Discipline Archive. If a Board Member ceases to hold their position on the Board of Management then any outstanding disciplinary procedures (which still apply) shall be referred to an ordinary Disciplinary as above. 25
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(b) The Appeal procedure shall run as a conventional appeal. K. Additional Offences for Board Members A Board Member may be charged with any of the offences outlined in Paragraph G above, and can also be charged with the following offences: (a) (b) (c) (d) (e) (f) (g)
Failure to turn up for Duty or fully complete duty. Consuming alcohol, being drunk, or under the influence of any illegal substance whilst on duty Serious breach of confidentiality, e.g. breach of Staff Protocol Association with any illegal activity on the premises, regardless of Police involvement. Failure to fulfil the duties of Office as laid out in the relevant job descriptions. Wilfully or negligently affecting the integrity of an election. Bringing the Union into disrepute.
L. Additional Disciplines for Board Members (a) Any of the following disciplines may be imposed: (I) (II) (III)
Reprimand (no action, but dissatisfaction noted). Two (2) Reprimands leads to (II). Censure (suspension of privileges). Two (2) Censures automatically leads to (III) below. Immediate Dismissal from the Board of Management.
(b) At the Discretion of the Disciplinary Committee, following a Board Member Disciplinary Hearing, the Chargee can be referred to an Ordinary Member Disciplinary Hearing. They would then be disciplined according to procedure outlined in paragraphs A-H above.
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Bye-Laws VI. Operations A. Conditions of Entry All those entering the Union should be able to present photographic identification to verify their status. The Management reserves the right to refuse entry. Any complaints after such refusal shall be directed in writing to the President. 1. Members a. Ordinary and Life Members Ordinary and Life Members may be admitted to the Union if they are not currently subject to a ban or censure. Life Members, presenting their Life Membership card, must also present photographic ID to gain entry. b. Reciprocal Agreements Reciprocal Temporary Members may be refused entry at the discretion of the Management. Reciprocal Temporary Members do not have to ‘sign-in’. c. Attendee Temporary Membership Attendee Temporary Members must ‘sign-in’ to the building.
2. Guests To ‘sign-in’ is defined as the registering of a non-member name, address, and if applicable, student number. Ordinary Members, Reciprocal Temporary Members, and Life Members may sign-in four (4) non-members who shall be bona-fide guests. They shall register the name, address and if needed student number of the Member who has signed them in. Any person who has ceased to be a member of the Union, under Constitution (II) Membership Paragraph 6, cannot be introduced as a guest of another member. 3. Restrictions Any Member or Guest acting in a manner that the Board of Management considers detrimental to the licence or property of the Union will be reported under Union discipline procedures.
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Members of the Union are responsible for the conduct of their Guests and are responsible for payment for any breakages or damage done to property of the Union by those guests under Union discipline procedures. a. Age Restrictions At any general licensed function of the Union all those attending must be at least eighteen (18) years of age, save Ordinary Members. Photographic proof of age must be produced on request of the Duty Board Member. Those whom the Duty Board member considers failing the Age Requirements, and are unable to produce proof of age, will not be admitted, or if already admitted will be removed. Age Restrictions may be altered for special licensed functions at the agreement of the Board of Management, whom failing the Executive. Measures must be in place to ensure that alcohol is not served to minors. An example of a special licensed function may be a 14+ gig. b. Curfew Curfew is one hour before the end of licensed hours, unless otherwise decided and advertised by the Board of Management whom failing the Executive. Entry after curfew is at the discretion of the Duty Board Member. B. Hiring of the Premises 1. General Conditions Individual members of the Union, affiliated Clubs and Societies, and Event Promoters may hire the premises on the delegated permission of the Board of Management in line with any policy on the matter. The Board of Management may at any time refuse a booking. Applications for hiring of the Union premises must be made via the General Office through the appropriate point of contact. Commercial services (catering, bars, etc.) are available by contractual arrangement via the General Manager. Affiliated Clubs & Societies are given free use of committee rooms for the purpose of their meetings. 2. Responsibilities of Hirers
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The hirers are deemed liable for any damages caused by either member or guest during the function. The cost of any damage will be charged to the hirer in the event that the person causing the damage is not apprehended. The hirers are responsible for replacing all furniture and equipment after the function or meeting, and for cleaning up after the event, should this not be carried out a charge for cleaning will be made to the hirer. The Union reserves the right to ask for and receive payment seven (7) days in advance of any function to be held, and to cancel said function should this condition not be met. In the event of a cancellation, or alteration of hiring agreement, the hirer may be liable for any costs incurred by the Union in preparation for the event. a. Flyposting It is the responsibility of the hirers to ensure that no illegal flyposting is used to advertise the event. i.
Should the hirer allow illegal flyposting to take place in relation to the event, the event may be cancelled.
ii. In the event of such a cancellation the Union will not repay any room hire fees already paid by the hirer. iii. The Union will not be liable for any loss incurred by the hirer, due to such a cancellation. b. Running the Event It is the responsibility of the hirers to ensure that the conditions of entry are adhered to as specified in Bye-Laws VI (Operations) in their advertising for any such event; including, but not limited to, age restrictions, and identification requirements. 3. Responsibilities of the Union For any function for which it is deemed necessary, the Board of Management will appoint a Duty Board Member to whom all business is referred. The decision of the Duty Board Member is final; however, this does not preclude the intervention of the Executive if appropriate.
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Bye-Laws VII. Clubs and Societies No material can be added or amended in this section, which contravenes that already laid out in section VI of the Constitution. A. Affiliation A society shall be defined as a club, society, group or similar collective who regularly meet for a specific purpose. Societies can apply to affiliate annually to the Union. Societies can be affiliated to the union without being affiliated to the University of Glasgow SRC. Affiliation shall grant the society support and usage of facilities from the Union. The Union reserves the right to refuse affiliation to any society which: i.
Refuses admission to any Matriculated / Registered student of the University of Glasgow. ii. Displays any behaviours in contravention to our Equal Opportunities Policy (Constitution Section VII. Paragraph 1). iii. Has no office bearers who are members of the Union. More than 70% of a societies membership must be current students of the University of Glasgow and at least one office bearer must be a member of the Union. Any affiliated Clubs and Societies membership must have sufficient Union membership for sign in purposes. B. Perks of Affiliation Affiliated societies can enjoy all of (but not limited to) the following:
i. Free room hire (but not necessarily venue hire). ii. A guaranteed postal address and mailbox. iii. Email accounts and website links. iv. Access to resources and equipment. v. Features in the Union publications. vi. Access to assistance and expertise. The Board of Management and Executive Committee may define other perks of affiliation as and when necessary. C. Room Hire Affiliation does not guarantee room hire.
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The Board of Management and the Executive Committee have the right to amend, refuse or cancel room bookings at short notice. Where possible, an alternative will be offered. Upon application for affiliation, every society shall submit a list of its members who are authorized to book rooms and services along with relevant contact details. D. Society Details The Honorary Secretary will be responsible to provide a facility for all societies to add information necessary to the future running of that society to be kept in a confidential environment and only accessible to authorized members of that society. Details may include Executive Committee contact details, account information, history of the society and similar. E. Student Support Groups Societies not eligible for affiliation may be considered as Student Support groups. The Board of Management may deem a Society to be a Student Support Group, provided that it meets the following criteria:
i. A reference, an aim or objective, to providing student support or similar is in its constitution or service is present.
ii. Aims and practices are in line with Section VII of the Unionâ€™s iii.
Constitution (Equal Opportunities). Is non-religious, non-party political and non-nationality specific group that does not qualify for regular Society affiliation
The Board of Management may afford a Student Support Group the privileges and responsibilities of an affiliated society and consider them to be an affiliated society for the purposes of discipline, subject to the Constitution, except that Student Support Groups need not submit a list of members to the Board of Management. Student Support Groups who are afforded the privileges and responsibilities of an affiliated society remain subject to the rules of the Union regarding the conduct of Societies and the hire of rooms. F. Discipline for Societies If an affiliated Society infringes regulations of the Union, as laid out in the Constitution, Bye-Laws, Policy, or any other contractual document, they will be subject to discipline. If the actions of a Society are unsuitable, e.g. bringing the name of the Union into disrepute, complaints by members of staff, they may also be subject to discipline. An Incident Report Sheet shall be lodged with the Honorary Secretary, whom failing, the Executive. 31
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The procedure for disciplining Clubs and Societies will be as follows:
i. The Incident Report Sheet, with a covering letter, should be sent by
registered post to the President or Chairperson of the Club or Society in question indicating that these details will be brought to the attention of the Board of Management. The complaint shall be brought to the next meeting of the Board of Management, under confidential business, after five (5) clear days notice. The President or Chairperson of the Club or Society may attend the meeting, or submit a written statement presenting their views on any points raised. After considering the incidents and the reply, the Board of Management will then decide if any action or discipline is necessary. Any action will be publicly minuted. Any action taken may be kept on record and may influence any further disciplinary action taken against the Club or Society, if this occurs.
Action against a Club or Society will be as follows:
i. Written notice if dissatisfaction. ii. Final written notice of dissatisfaction. iii. Disaffiliation of the Club or Society for a defined period of time. iv. Ban of the Club or Society for a defined period of time. Fines may be issued for damages to the Union or Union property, or continuous failure to use booked rooms. Other disciplinary action may be used when necessary and appropriate. Disciplinary actions may be combined as appropriate. The Club or Society may appeal against the decision, in writing, within five (5) days of the decision. The appeal will then be heard by the next meeting of the Board of Management, whose decision is final.