These are the current Bye-Laws as of July 2024.
- Bye-Law 1 - General
1. The Union is a company limited by guarantee.
2. Words and phrases used in these Bye-Laws have the meanings as ascribed to them in the Memorandum & Articles of the Union.
3. The Memorandum & Articles shall take precedence over these Bye-Laws and these Bye-Laws shall not be interpreted or applied in any way that is inconsistent with the Memorandum & Articles.
4. In the case of confusion or contradiction in these Bye-Laws, the Board of Trustees shall have power to interpret their wording.
5. These Bye-Laws may be amended by the Union Executive, in accordance with the relevant sections in these Bye-Laws, via a special resolution with a 75% majority vote.
6. The Union is fully committed to equal opportunities and will strive to ensure that no Member or member of staff is subject to discrimination in any form. All Officers should strive to ensure equal opportunities within their remit. All meetings must be accessible to all Members; that includes venues, digital platforms and papers.
7. The Union may affiliate to any external organisation provided that such affiliations do not violate relevant law or the Memorandum & Articles or Bye-Laws. All affiliations shall be posted on the website, approved by the Trustee Board.
8. The Union shall publish an annual impact report which will be submitted to UCL Council before its last meeting of the session.
9. The Union shall observe the UCL Code of Practice on Freedom of Speech.
- Bye-Law 2 - Membership
1. All UCL students are automatically Members of the Union unless they opt out.
2. Regulations of Membership shall be as stated in the Memorandum & Articles.
3. Associate membership of the Union shall be open to all members of UCL staff (including honorary members of the academic staff), Union staff, Fellows of UCL, past students of UCL and those who are employed by UCL upon payment of the relevant membership fee, as laid down by Union Executive.
4. Associate membership of the Union may be granted to those UCL students on a ‘disruption of studies’ who are considered to have extenuating circumstances.
5. Honorary Life Membership of the Union may be granted by Union Executive.
6. Visiting membership of the Union may be granted to members of Students' Unions in other Colleges or Universities for a period not exceeding twelve months, upon payment of a membership fee as laid down by Union Executive. Visiting membership application must be recommended by either a Union club/society or the Student Activities Team. Applications can be considered by the Activities & Engagement Officer on behalf of Union Executive.
7. Honorary Life Members, Visiting and Associate members are not granted full membership rights and therefore cannot take part in the democratic procedures of the Union such as voting in Union elections or hold elected office.
8. Students may opt out of their Membership of the Union. Students that opt out of their Membership are not able to take part in the democratic processes of the Union including in its Clubs & Societies, but retain their right to access facilities, the Union Advice Service as well as Clubs & Societies.
- Bye-Law 3 - Student Networks
1. Student Networks
a. Student Networks shall exist to enable their members to self-organise in order to lead efforts to:
i. challenge and change discrimination, oppression and inequality that they face.
ii. defend and extend their rights.
iii. represent and further their particular concerns, needs and interests within the Union, UCL and beyond.
iv. ensure that the Union’s actions do not unfairly exclude, neglect or discriminate against them.
v. promote and facilitate social intercourse and cooperation amongst themselves.
b. The Equity & Inclusion Officer shall be the assisting Sabbatical Officer for each Student Network.
c. The Student Networks shall be:
i. The Women’s Network
1. the Women’s Network is open to all who self-define as women, including (if they wish) those with complex gender identities which include ‘woman’, and those who experience oppression as women.
2. the Convenor shall be the Women’s Officer.
ii. The People of Colour (POC) Students’ Network
1. the members shall self-define as black and/or minority ethnic.
2. the Convenor shall be the People of Colour (POC) Students’ Officer.
iii. The Disabled Students’ Network
1. the members shall self-define as disabled. This shall include non-visible disabilities.
2. the Convenor shall be the Disabled Students’ Officer.
iv. The LGBT+ Students’ Network
1. the members shall self-define as Lesbian, Gay, Bisexual, Trans* and/or any other gender/sexual/romantic minority including but not limited to Asexual spectrum, Aromantic spectrum, Queer and Intersex.
2. the Co-Convenors shall be the LGBQ+ Officer and the Trans Officer.
v. The Research Students' Network
1. The Members shall be any Postgraduate Research student.
2. the Convenor shall be the Research Students' Officer.
vi. The Mature, Part-Time and Carer's Students' Network
1. The members shall be any mature, part-time or student with caring responsibilities.
2. the Convenor shall be the Mature, Part-Time and Carers' Students' Officer.
vii. The International Students' Network
1. The members shall be any student whose home address is not in the UK.
2. the Convenor shall be the International Students' Officer.
2. Governance of Student Networks
a. Each Student Network shall be coordinated by its Convenor with the support of the assisting Sabbatical Officer, both to be specified elsewhere in the Bye-laws. The assissting Sabbatical Officer shall attend open meetings and assist the Student Network as required by its Officers and Constitution.
b. Each Student Network should have a constitution which sets out their activities. The constitution also includes what principle committee positions are. A Student Network shall have the following principal officers:
i. The relevant Student Officer shall lead the Network
ii. Treasurer
iii. Welfare Officer
c. Student Networks have the authority to suggest which committee positions should be elected in relevant election cycles.
Student Networks can amend their constitution in their own democratic forums. Constitutions should be reviewed and approved each year in an open meeting with all Network members. Constitutions should be then ratified at the next available Union Executive meeting.
- Bye-Law 4 - Union Executive and Policy Zones
a. Purpose:
i. To set Union Policy, usually on the recommendation of Union Policy Zones
ii. Monitor the implementation of Union policy
iii. Oversee Union democratic processes and where required, vote to amend the Bye-Laws as outlined in Bye-Law 1.
iv. Oversee Policy Zones and Officer accountability
v. Refer policy to referendum as appropriate
vi. Refer matters to the Board of Trustees as appropriate
b. Membership:
i. All Sabbatical Officers (6)
ii. Disabled Students’ Officer
iii. LGBQ+ Students’ Officer
iv. Trans Officer
v. Women's Officer
vi. People of Colour (POC) Students' Officer
vii. Sustainability Officer
viii. An elected officer from each policy zone (3)
c. Protocol and Procedures:
i. Quoracy of meetings shall be 50% +1.
ii. Meetings shall be chaired by the President.
iii. The Chair shall be a voting member.
iv. Meetings shall be scheduled at a minimum of twice in Terms 1 and 2 and at least once in Term 3.
v. Additional meetings may be called by the Chair.
vi. All items for approval, including Amendments to Bye Laws shall be circulated to the Union Executive Committee five working days in advance.
vii. Sabbatical Officers shall produce an accountability report for each meeting and time will be allowed for questions and debate on reports.
viii. Union Executive shall report to the Board of Trustees summarising all policy passed and any Amendments to Bye-Laws and affiliations approved.
ix. Union Executive may create policy where an issue does not fit into an existing policy zone.
x. Union Executive cannot make amendments to policy received by a zone. In this instance, any policies should be referred to the relevant zone for amendments.
xi. If a Student Officer is unable to attend Union Executive, they may send a member of their Committee in their stead, who will have voting rights for the duration of the meeting. This is known as proxy voting.
xii. Any Student Network committee member exercising proxy voting rights must have been sufficiently briefed by the officer on whose behalf they are voting. They must have had access to the agenda and papers of the meeting.
a. Purpose:
i. To discuss issues and work on projects, campaigns and propose policies which aim to improve the educational experience of UCL students
ii. To hold relevant elected officers to account for work as it relates to the zone.
b. Membership:
i. Education Officer (Chair)
ii. One Faculty Rep from each level of study and from each Faculty
iii. Research Students' Officer
iv. Postgraduate Officer
v. Equity & Inclusion Officer
a. Purpose:
i. To discuss issues, work on projects, campaigns, and propose policies, which aim to improve student activity at UCL including societies, sport, volunteering, events and enterprise.
ii. To hold relevant elected officers to account for work as it relates to the zone.
iii. To be responsible for the monitoring and, where necessary, amending of the Club and Society Regulations.
b. Membership:
i. Activities & Engagement Officer (Chair)
ii. Postgraduate Officer
iii. Equity & Inclusion Officer
iv. Arts Officer
v. Sports Officer
vi. Societies Officer
vii. Volunteering Officer
viii. Sports Reps (6)
ix. Societies Reps (9)
1. Student Media
2. Arts Reps (x2)
3. Societies Non-Portfolio Reps (x6)
x. Volunteering Reps (4)
4. Welfare and Community Zone:
a. Purpose:
i. To discuss issues and work on projects, campaigns and propose policies with an aim to improve the wellbeing of UCL students on campus and in the wider community;
ii. To hold relevant elected officers to account for work as it relates to the zone.
b. Membership:
i. Welfare & Community Officer (Chair)
ii. Equity & Inclusion Officer
iii. Postgraduate Officer
iv. POC Students’ Officer
v. Women’s Officer
vi. Sustainability Officer
vii. Accommodation & Housing Officer
viii. International Students’ Officer
ix. Hall Community Officers
x. Mature & Part-time Students’ Officer
xi. Officer for Students with Caring Responsibilities
xii. Social Class & Mobility Officer
xiii. UCL East Students' Officer
xiv. Welfare Reps from sports clubs (4)
xv. Welfare Reps from societies (4)
5. Zone Protocol and Procedures:
a. To create a new policy zone, an Amendment to Governing Documents must be passed by Union Executive.
b. Policy Zones may create working groups which must report to the main Zone.
c. A relevant Students’ Union staff member will be appointed to offer advice and support to Zones.
d. Any member of the Union can attend meetings and contribute to discussions in the Zone, however, they will not have voting rights.
e. Each Policy Zone should meet a minimum of twice in Terms 1 and 2 and once in Term 3.
f. The Chair shall be a voting member.
g. Additional meetings may be called by the Chair.
h. Policy Zones should agree their priorities at their first meeting.
i. Quorum is required for a vote to take place and shall be 50% +1 of members.
j. All Student officers shall have voting rights across the Policy Zones should they wish to attend.
k. If a Student Officer is unable to attend a Policy Zone, they may send a member of their Committee instead, who will have voting rights for the duration of the meeting.
l. The Chair of each Zone should be the relevant Sabbatical Officer. If they are absent an acting chair may be elected at the meeting.
m. Policy proposals may be referred to Union Executive if the business is urgent or if there is not a relevant Zone to accommodate the proposal, at the discretion of the chair.
n. Each policy proposal passed by a Zone needs to be ratified at the next available Union Executive.
o. Voting members of the Zone may no confidence the Chair by a majority vote and elect an Acting Chair for the duration of the meeting.
p. Amendments to policy proposals may take place during debates should a majority of members agree.
q. Each Zone must report to the Union Executive Committee including all policies adopted.
r. Each Zone is responsible for electing members to serve as representatives on bodies outside of the Union.
- Bye-Law 5 - Referenda
1. Any issue decided by a Referendum shall overrule any decision made except for those made by the Board of Trustees and its Committees.
2. A Referendum may be called by any of the following:
a. A simple majority vote of Union Executive
b. By a Secure Petition of at least 1% of the membership provided proposed to Union Executive
i. A petition calling for a referendum in the case of No Confidence for a Sabbatical Officer must be 1%.
ii. Petitions must have a UCL email, UPI or Student Number to enable checks.
iii. The Returning Officer will confirm the total number of students who have signed the petition. If duplicate or invalid student numbers or names are discovered, then they shall be removed and discounted from the petition.
c. A resolution of the Board of Trustees
3. A referendum schedule shall be approved by Union Executive.
4. Quorum for a Referendum shall be 5% of the Membership.
5. The Referendum shall be conducted by means of a cross-campus ballot.
6. Voting shall be open for at least forty-eight hours.
a. Voting shall usually be conducted online through a secure poll
b. Voting cannot open until after the Open Meeting has taken place
7. Amendments to the Referendum question may be debated and agreed by attendees of the meeting.
8. Agreed amendments will be listed separately to the original proposal on the ballot.
9. Once submitted, a Referendum question can only be withdrawn by the proposer. The proposer may withdraw the referendum question at any time up to the declaration of results.
a. If the result of voting in a referendum is a tie, then the result is decided in line with the Electoral Commission’s rules by the drawing of lots (i.e. a method of selection by chance such as tossing a coin or picking a name out of a hat). The method of selection will be decided and conducted by the Returning Officer.
- Bye-Law 6 - Union Policy
1. No Policy can deny any group of members their rights and privileges as protected under the Memorandum & Articles, Equalities Act and Bye-Laws.
2. Policy can be set by:
a. Union Executive, primarily as recommended by Union Policy Zones
b. Referendum
3. Policy shall exist for two years unless it is overturned.
a. Union Executive can overturn policy previously adopted by Union Executive
b. Referenda can overturn policy adopted by Union Executive and Policy Zones
c. The Board of Trustees can overturn any policy in accordance to the provisions in the Memorandum & Articles.
4. Where two policies are in contradiction, the Policy passed at the higher body shall take precedence. Where the two policies were passed at the same level, the most recent shall take precedence.
5. An amendment to a motion going to a meeting may be proposed by any member of the meeting and voted on, should the majority of the voting members agree.
- Bye-Law 7- Union Officers
1. General
a. Any Officer who ceases to be a Member during their term shall vacate their post.
b. All Officers are required to act at all times in accordance with the Memorandum & Bye-Laws as well as upholding them throughout the Union's activities.
c. All Officers shall attend meetings they are involved with to fulfil their role.
d. All Officers shall liaise with each other between meetings and actively seek to promote themselves and their work to Membership.
e. All Officers must consult with Members of the Union throughout their time in office so that they continue to remain as representative as possible.
f. Notification of resignation of an officer/officer-elect must be in writing to the Chief Executive.
2. Sabbatical Officers: Collective Duties
a. Shall be collectively responsible for the political leadership of the Union.
b. Shall work full-time and represent the interests of students to UCL, including participating in UCL committees and regular meetings with senior UCL staff.
c. Shall meet regularly with the Chief Executive and Senior Management Team to discuss the strategy, operation and management of the Union.
d. Shall serve as the Sabbatical Trustees on the Board of Trustees, subject to the Articles. For the purposes of the 1994 Education Act 22(2)(d), the Sabbatical Trustees shall be the "major union offices".
e. Shall ensure the Union is ethical and sustainable.
f. Shall share the responsibilities of communicating with the Membership, keeping all Members informed about the work of the Sabbatical Officer Team and the Union’s services for Members.
g. Shall be accountable to students and keep all students informed of their work on behalf of the Union’s members.
h. Shall attend University Misconduct and Disciplinary Committees when required.
i. Shall serve their term of office from 16 July to 15 July of the following year, with a handover period from 1 July to 15 July.
j. Shall fulfil their roles as outlined in the role descriptions and to support, where appropriate, other student officers and representatives in the fulfilment of their roles.
k. Shall act as spokespersons for the Union
3. Sabbatical Officers: Individual Purpose
i. Activities & Engagement Officer
Lead on shaping the co-curricular and social experiences and opportunities that Members want from the Union. Lead the Union on engaging with the cultural diversity of our Membership and building global partnerships to benefit our Members.
ii. Education Officer
Lead on representing students’ academic interests to UCL and beyond. Lead the Union’s work in influencing UCL to achieve fair, accessible and high-quality education at UCL.
iii. Equity & Inclusion Officer
Lead on equity and inclusion work across the Union to ensure that UCL is truly inclusive and welcoming for all students and that all students are able to participate in the Union’s activities. Work closely with, support and be accountable to Student Networks to help champion their work, ensuring that the networks are thriving, active, welcoming and democratic communities.
iv. Postgraduate Officer
Lead on all issues relating to the needs and interests of postgraduate taught and research students. Lead the Union in making sure we provide the best student experience for postgraduate Members.
v. President
Lead the Union in making sure its activities and services are democratic, transparent and meet the needs of the Membership. Lead communications between the Union and students and help to champion the Union’s work on financial and environmental sustainability.
vi. Welfare & Community Officer
Lead on all issues relating to welfare, wellbeing and housing for Members ensuring that the Union promotes their mental, physical and social wellbeing. Lead on initiatives to enable students to make a positive contribution to the local community and that local public services meet students’ needs. Represent students’ interests regarding welfare, housing and community relations to UCL and beyond.
4. Student Officers: Individual Purpose
a. The Student Officers are eligible as a job share. This means that a maximum of two members could run together in order to fill the position together and share the workload.
b. Officers in a job share are entitled to one collective vote.
c. The following Officers shall be elected:
i. POC Students' Officer
Lead the Union’s POC Network in continuing to build an engaging, dynamic and rewarding community of POC students and make sure that the Network caters to and is inclusive of all its members. Represent the collective interests and needs of POC students to decision-making bodies within the Union. Working alongside and supported by the Equity & Inclusion Officer, represent these collective interests to UCL and beyond.
ii. Disabled Students' Officer
Lead the Union’s Disabled Students’ Network in continuing to build an engaging, dynamic and rewarding community of disabled students and make sure t000hat the Network caters to and is inclusive of all its members. Represent the collective interests and needs of disabled students to decision-making bodies within the Union. Working alongside and supported by the Equity & Inclusion Officer, represent these collective interests to UCL and beyond.
iii. LGBQ+ Students' Officer
Lead the Union’s LGBT+ Network alongside the Trans Officer in continuing to build an engaging, dynamic and rewarding community of LGBT+ students and make sure that the Network caters to and is inclusive of all its members. Represent the collective interests and needs of LGBQ+ students to decision-making bodies within the Union. Working alongside and supported by the Equity & Inclusion Officer, represent these collective interests to UCL and beyond.
iv. Trans Officer
Lead the Union’s LGBT+ Network alongside the LGBQ+ Officer in continuing to build an engaging, dynamic and rewarding community of LGBT+ students and make sure that the Network caters to and is inclusive of all its members. Represent the collective interests and needs of Trans and non-binary students to decision-making bodies within the Union. Working alongside and supported by the Equity & Inclusion Officer, represent these collective interests to UCL and beyond.
v. Womens' Officer
Lead the Union’s Women’s Network in continuing to build an engaging, dynamic and rewarding community of women students and make sure that the Network caters to and is inclusive of all its members. Represent the collective interests and needs of women students to decision-making bodies within the Union. Working alongside and supported by the Equity & Inclusion Officer, represent these collective interests to UCL and beyond.
vi. Accommodation & Housing Officer
Represent the collective interests and needs of students relating to affordable, accessible and good quality living environments to the Union. Working with the Welfare and Community Officer, represent the needs and priorities of students have with the living accommodation within UCL, the University of London and beyond.
vii. Arts Officer
Lead in developing and building a strong community of arts societies. Working with the Activities and Engagement Officer, oversee all arts societies in the Union and develop opportunities for students to pursue a rich range of artistic interests at UCL.
viii. International Students' Officer
Lead the International Students' Network as well as oversee the development on an engaging, dynamic and rewarding community of international students and represent the needs and interests of international students within the Union. Working with the Activities & Engagement Officer to facilitate initiatives to support intercultural engagement across our diverse student communities. Working with the Welfare and Community Officer, represent the collective interests of international students to UCL and beyond.
ix. Mature, Part-time & Carers Students’ Officer
Lead the Mature, Part-Time & Carers Students' Network and oversee the development of an engaging, dynamic and rewarding community of mature and part-time students and represent their interests and needs to the Union. Working with the Welfare & Community Officer, represent these collective interests to UCL and beyond.
x. Research Students' Officer
Lead the Research Students' Network and oversee the development of an engaging, dynamic and rewarding community of research students within the Union and represent the needs and interests of research students. Working with the Postgraduate Officer, represent these collective interests to UCL and beyond.
xi. Societies Officer
Lead in developing and building a strong community of general interest societies. Working with the Activities & Engagement Officer, oversee all general interest societies in the Union and develop opportunities for students to pursue a rich range of interests at UCL.
xii. Sports Officer
Lead in developing and building a strong community of sports clubs. Working with the Activities & Engagement Officer, oversee all sports clubs in the Union and develop opportunities for students to pursue a rich range of sporting activities at UCL.
xiii. Sustainability Officer
Represent students’ priorities and interests to the Union relating to the environmental sustainability of the Union, UCL and wider student life. Working with the President, represent these priorities and interests to UCL and beyond, chair the Student Sustainability Council, develop an effective and engaged network of Student Sustainability Ambassadors, and contribute to the implementation of the Union’s Sustainability Strategy.
xiv. Social Class & Mobility Officer
Work closely with societies related to social mobility and supporting students from low socioeconomic backgrounds. Represent the collective interests and needs of these students to decision-making bodies within the Union. Working with the Equity & Inclusion Officer and the Welfare & Community Officer, represent these collective interests to UCL and beyond. The Social Mobility & Class Officer will work with all officers on projects that affect those from these backgrounds.
xv. Volunteering Officer
Lead on supporting and championing volunteering initiatives and events as well as providing a link between clubs, societies and the Volunteering Service. The Volunteering Officer will work closely with the Activities & Engagement Officer to represent the views of students engaged in volunteering.
xvi. UCL East Student Officer
Lead on supporting and representing the views of UCL East students. The UCL East Students’ Officer will work closely with the President who is the Union’s lead for UCL East activities and services.
5. Student Reps: Individual Purpose
i. Faculty Reps
Represent the interests of students of their status within their Faculty to the Union, on Education Zone, and to UCL. They shall also work with the Lead Department Reps and Programme Reps to represent members on relevant committees.
ii. Halls Community Officers
Represent the interests of students within their residence to the Union, UCL and on the Welfare and Community Zone. Organise community building events in their respective Halls of Residence.
iii. Societies Reps
Represent the interests of students in societies to the Union, UCL and on the Activities Zone.
iv. Sports Reps
Represent the interests in sports clubs to the Union, UCL and on the Activities Zone.
v. Volunteering Reps
Represent the interests of students who take part in volunteering activity through the Union to the Union, UCL and on the Activities Zone.
vi. Welfare Reps
Represent the welfare and wellbeing needs of students in relevant sports clubs and societies on the Welfare and Community Zone.
- Bye-Law 8 - Accountability of Officers
1. All Officers are elected by and accountable to the Membership.
a. If a Member has a question about the work, activity or conduct of an Officer they may email the Officer and should expect a response within five working days.
b. If unsatisfied with the response they receive, they may request a meeting with the Officer, and the Officer must make arrangements to meet the Member within five working days where possible.
c. Members are also encouraged to attend Zone meetings where officers will be regularly issuing accountability reports.
d. Sabbatical Officer reports will be posted on the Union website.
e. Sabbatical Officers will write reports outlining any updates on the priorities and their assigned policies for the Board of Trustees.
2. No Confidence Procedure for Sabbatical Officers
a. No Confidence motions for Sabbatical Officers require a 75% majority vote of eligible Members voting in a Referendum, provided that at least 5% of all Members cast a vote in the Referendum. Such a motion shall only be triggered by a Secure Petition of no confidence signed by at least 1% of all Members.
b. The motion must outline why the officer should be subject to a vote of No Confidence.
c. Sabbatical Officers, as employees of the Union, are subject to carry out their duties under the terms of employment as laid out by the Board of Trustees. They may be subject to dismissal following breaches of contract or gross misconduct in line with relevant employment law.
3. No Confidence Procedure for Student Officers
a. Members shall have the right to call a vote of No Confidence for any elected Student Officer for any reason at any time by submitting a recall petition.
b. The recall petition must outline why the officer should be subject to a vote of No Confidence.
c. Quorum for recall petitions shall be 25% of the total number of votes in the position’s recent election.
d. Signatories of the recall petition must be Members and who must sign the petition along with their student number.
e. Only Members eligible to vote in the election of the position in question may participate in proposing or voting in the recall.
f. The petition must be on the Union’s website for five working days prior to the vote.
g. The vote may take place online.
h. Once a No Confidence vote has been passed, the Officer in question will be immediately suspended from office.
4. Attendance and non-engagement
a. Student Officers who demonstrate a lack of engagement with their role may be deemed to have resigned by the Union Executive. Lack of engagement is defined as:
i. having two absences to a Policy Zone
ii. or, if a member of Union Executive, 4 total Union meetings during their term of office
b. Apologies accepted by the Chair do not count towards absences.
c. The officer will be notified and provided an opportunity to explain.
d. If the explanation is not sufficient as decided by Union Executive simple majority, or if they do not respond within five working days, they will be notified that the role has been vacated.
e. If an officer wishes to appeal against this decision, they may appeal to the Board of Trustees.
- Bye-Law 9 - Elections
1. The running of fair elections shall be the responsibility of the Returning Officer, on behalf of the Board of Trustees. They shall ensure the elections are run in accordance with the Memorandum & Articles and Bye-Laws.
2. Candidates must be a current student enrolled on a programme at UCL for the full academic year.
3. All Officers and Representatives must be a member of the Union for the duration of their time in office.
4. Timing of Elections
a. Typically, Student Representatives and NUS Delegates shall be elected in Term 1. Two Student Trustees shall be elected in Term 1.
b. Typically, Sabbatical Officers and Student Officers shall be elected in Term 2. Two Student Trustees shall be elected in Term 2.
5. The Returning Officer shall:
a. Be an external appointment ratified by Union Executive.
b. Oversee the fair conduct of the elections in accordance with the Bye-Laws.
c. Rule on the validity of any complaints arising from the conduct of candidates during the election as detailed in the Bye-Laws.
d. Issue guidance to candidates during the elections.
e. Oversee the count and verify the results of the elections.
f. Submit a report annually to UCL Council, Governance Committee and the Board of Trustees
6. The Returning Officer is accountable to the Board of Trustees.
7. The Returning Officer may be carried out by any of the following:
a. An NUS staff member
b. The presiding or Deputy Returning Officer of Camden Council
c. A member of academic staff at UCL
d. A senior staff member of another Students’ Union
8. The Deputy Returning Officer (DRO) shall:
a. Provide operational support for the elections as the Returning Officer's nominee
b. Enforce the election rules by making initial rulings in response to complaints and referring decisions to the Returning Officer where appropriate.
c. Be a current member of staff at the Students' Union.
9. Eligibility and nominations:
a. The Student Officers are eligible as a job share. However, should one candidate choose to withdraw after voting has opened, then both candidates will be withdrawn.
b. Nominations for the following positions must fulfil the criteria outlined:
i. Arts Officer must be a member of at least one Arts society, for at least 28 days.
ii. POC Students’ Officer must self-define as as a person of colour OR Black or Minority Ethnic.
iii. Disabled Students’ Officer must self-define as disabled.
iv. International Students’ Officer must have a normal residence outside of the UK.
v. LGBQ+ Officer must self-define as LGBQ+.
vi. Mature Part-Time & Carers Students’ Officer must either be a part-time student, a student with caring responsibilities, including a parent, or have begun an undergraduate course after the age of 21, or a postgraduate course after the age of 24.
vii. Research Students’ Officer must be a Research student.
viii. Societies Officer must be a member of at least one society for at least 28 days.
ix. Sports Officer must be a member of at least one sports club for at least 28 days.
x. Trans Officer must self-define as Trans or non-binary.
xi. Women’s Officer must self-define as a woman.
xii. Hall Community Officers must be a resident of the relevant Hall.
xiii. Faculty Reps must be a student in the relevant Faculty.
xiv. Non-Portfolio Societies Reps must be a member of at least one society and designated Societies Reps must be a member of a relevant society to their role.
xv. Sports Reps must be a member of at least one sports club.
xvi. Welfare Reps must be a Welfare Rep on the committee of a sports club or society, for at least 28 days.
xvii. Volunteering Reps must be involved in at least one form of volunteering activity through the Union.
xvii. UCL East Students' Officer must be a student living or studying at UCL East.
c. The remaining positions are open to any member of the Union.
d. A member may serve as a Sabbatical Officer for a maximum of two terms.
e. All Sabbatical and Student Officers shall serve from 16 July in the year of their election until 15 July the following year, as well as an induction and handover period from 1 July before they take office.
f. Student Trustees elected in Term 1 will have their term of office run from November to October of the following year. Those elected in Term 2 will have their term of office run from August to July of the following year.
g. Academic Reps which is an umbrella term for Course Rep, Lead Department Rep and Faculty Rep, shall serve from the point of their election until their successor is elected in the subsequent election round.
i. Academic Reps will be asked whether they would like to continue their position if their role remains vacant.
h. Nominations shall be open for at least five working days before they close.
i. The dates for the opening and closing of nominations shall be displayed on the Union website.
10. Campaigning
a. Election rules regarding campaigning may be determined by the Returning Officer.
b. No campaigning may take place before the start of the campaigning period as outlined on the Union website.
c. Candidates must not share Campaign Expenses. Campaign Expenses are defined as all campaign materials, including online advertisements, which have a market value above £0.
d. Materials received free of charge shall be counted towards the Candidate’s Elections Budget, at the current market value of the materials. Materials available free of charge to all candidates shall not count towards the limit within the budget, but must still be documented.
e. Candidates are entitled to spend an allocated budget determined by the Returning Officer which will be announced at the Candidates’ Briefing
f. Supporters may campaign for more than one candidate at the same time.
g. Candidates may endorse other candidates but are prohibited from sharing or pooling resources. A member running for multiple positions in the same set of elections will be treated as separate candidates.
h. Candidates may criticise another candidate’s campaign but must never be personal. Candidates and their supporters must not:
i. reference another candidate’s personal traits of character.
ii. misrepresent another candidate’s religious, political, or other views or actions.
iii. intimidate any participant in the election, candidate, campaigner, student, staff or other.
iv. deliberately sabotage any campaign other than their own
v. deface any campaign materials (such as publicity, online media, social networking sites) of another candidate.
vi. make any attempt to influence the impartiality of the Returning Officer or Union staff.
vii. permanently damage any the Union or UCL area or property.
i. Candidates or supporters who are currently or have previously been a Union officer, volunteer or staff member must not use any facilities or communication methods available exclusively to them and not to other students, for the purpose of campaigning for an individual candidate or candidates.
j. Candidates must submit their Elections Budget by the time and date specified in the Candidates’ Briefing.
k. Incumbent Sabbatical Officers wishing to stand for re-Election shall utilise holiday, and time in lieu to conduct campaigning activities.
l. Incumbent Sabbatical Officers standing for Election may not use any of the resources of their current position (such as publicity, photos, materials, stationery or email addresses or any other resources that are not accessible to other candidates).
m. The Union shall organise events at which Members will have the opportunity to hear candidates speak and ask them questions.
n. Candidates and supporters must not utilise devices or digital technology to intimidate or coerce potential voters.
11. Voting
a. No Member shall have more than one vote.
b. The following shall be elected by those who fulfil the criteria outlined:
i. Arts Officer: Voters must be a member of at least one Arts society, for at least 28 days.
ii. POC Students’ Officer: Voters must self-define as a person of colour OR Black or Minority Ethnic.
iii. Disabled Students’ Officer: Voters must self-define as disabled.
iv. International Students’ Officer: Voters must have a normal residence outside of the UK.
v. LGBQ+ Officer: Voters must self-define as LGBQ+.
vi. Mature Part-Time & Carers Students’ Officer: Voters must either be a part-time student, a student with caring responsibilities, including a parent or have begun an undergraduate course after the age of 21, or a postgraduate course after the age of 24.
vii. Research Students’ Officer: Voters must be a Research student.
viii. Societies Officer: Voters must be a member of at least one society, for at least 28 days .
ix. Sports Officer: Voters must be a member of at least one sports club, for at least 28 days.
x. Trans Officer: Voters must self-define as Trans or non-binary.
xi. Womens’ Officer: Voters must self-define as a woman.
xii. Hall Community Officers: Voters must be a resident of the relevant Hall.
xiii. Faculty Reps: Voters must be a student in the relevant Faculty.
xiv. Non-Portfolio Societies Reps: Voters must be a member of at least one society and designated Societies Reps must be a member of a relevant society to their role.
xv. Sports Reps: Voters must be a member of at least one sports club.
xvi. Welfare Reps: Voters must be a Welfare Rep on the committee of a sports club or society for at least 28 days.
xvii. UCL East Students Officer: Voters must live or study at UCL.
c. The remaining positions shall be elected by a cross-campus ballot.
d. The voting period for any position shall run for at least three working days.
e. Voting shall be done by secret ballot using the Alternative Vote / Single Transferable Vote system, as defined by the Electoral Reform Society of Great Britain and Northern Ireland.
f. The timing of the close of voting and the count shall be specified on the Union website.
g. If the result of voting in an election or referendum is a tie, then the result is decided in line with the Electoral Commission’s rules by the drawing of lots (i.e. a method of selection by chance such as tossing a coin or picking a name out of a hat). The method of selection will be decided and conducted by the Returning Officer or their nominee.
h. In elections, the names of candidates for each position shall be placed in a random order on the ballot paper.
i. If re-open nominations is elected in a multi-seat election, its surplus of votes shall be transferred to a new re-open nominations candidate.
j. If re-open nominations is elected in a single-seat election, then the post shall remain vacant until nominations can be re-opened and a by-election held.
12. By-Elections
a. Vacant posts will be elected in the next scheduled election unless an additional By-election is approved by Union Executive.
13. Interpretation & Complaints
a. Any complaints about the conduct of candidates and their supporters must be made in writing in the time specified by the elections schedule.
b. The Deputy Returning Officer, in consultation with the Returning Officer as appropriate shall make a ruling on the matter within 48 hours of the receipt of the complaint. They may give the alleged candidate the right of reply before making a ruling. Complainants may remain anonymous should they wish.
c. The Returning Officer may take any of the following disciplinary actions:
i. oral or written warning
ii. reduction in available campaign budget
iii. ban on the use of certain campaign materials or a campaigning ban
iv. disqualification of a candidate
v. declare the election null and void
vi. refer the matter to the Union disciplinary procedures
vii. a combination of the above may be imposed.
14. The ruling of the Returning Officer is final; however, complaints about the conduct of the Returning Officer may be made to the Board of Trustees.
- Bye-Law 10 - NUS Delegation
1. This section shall apply only when the Union is affiliated to the National Union of Students and shall not be construed to imply that the Union is required to retain such affiliation.
2. Delegation Leader
a. The Education Officer shall attend NUS National and Extraordinary Conferences ex-officio as the delegation leader.
b. In the absence of an elected delegate or specification otherwise elsewhere in the Bye-Laws, the Education Officer may represent the Union at all NUS Conferences which they are entitled to attend under NUS Rules.
c. There shall be a deputy delegation leader; the person receiving the most first preference votes in the delegation elections.
d. The delegation leader, after consulting with the delegates, shall produce a report on the decisions taken at conference for presentation at the next scheduled meeting of Union Executive and any relevant Policy Zones before the end of the academic year
3. NUS Delegates
a. NUS Delegates shall attend NUS National and Extraordinary Conferences.
b. Sabbatical Officers are automatically invited to attend NUS National Conference.
c. Delegates must follow the Memorandum & Articles and Bye-Laws at all times.
d. Delegates must vote in line with Union Policy, except that:
i. Delegates may abstain on any motion.
ii. Delegates who are elected on a manifesto that contradicts Union Policy may vote in line with their manifesto.
e. Delegates should be invited to attend Union Executive and relevant Policy Zones to discuss motions submitted to NUS conference and to follow up after the conference.
f. The Delegation Leader should submit a report to Union Executive including a record of voting.
g. The Union may submit motions or amendments to NUS Conference. Any motions or amendments submitted must have been passed by a meeting of Union Executive.
h. The Union shall send delegates to additional NUS Conferences as approved by Union Executive.
i. Should there be vacancies for the NUS National Conference Delegates, officers elected in a cross-campus balloted election will be eligible to nominate themselves for the role. An election will be facilitated at Union Executive, if there is more interest than spaces.
- Bye-Law 11 - Staffing
1. The Union shall be empowered to appoint staff who shall be responsible to the Union Officers through an established management structure.
2. All matters related to the responsibilities, conditions of employment, performance or conduct of individual members of staff shall be the responsibility of the Board of Trustees and shall not be discussed at any other Committee, Union Executive, Members’ Meeting or Referenda except as provided for elsewhere in the Bye-Laws.
3. Complaints about members of staff shall be referred to the Sabbatical Officers who will refer them through the management structure or to the Board of Trustees, as appropriate.
4. Union staff members may provide advice on their areas of expertise but shall not publicly express their personal views on Policy or decisions of the Union.
5. Bye-Laws 11.3 and 11.4 apply to student casual staff whilst they are on duty.
- Bye-Law 12 - Complaints Procedure for Members
1. Who can make a complaint?
a. Any Member or group of Members dissatisfied with their dealings with the Union has the right to make a complaint.
b. UCL students also have the right to make a complaint if they believe they have been unfairly disadvantaged as a result of opting out of Union membership.
c. Any visitors to the Union also have the right to complain if they are dissatisfied with the service they have received.
d. Students' Union UCL and UCL take all complaints regarding sexual misconduct, bullying and harassment seriously. These complaints must be made through the University’s “Report and Support” to enable these to be investigated appropriately. Sabbatical Officers will review data from Report and Support regularly with UCL. Members may also report any incidents of hate crime anonymously to the Union’s Hate Crime Reporting Centre.
e. All complaints will be dealt with fairly and promptly.
2. Making a Complaint
a. A formal complaint should be made in writing within ten working days of the incident (by letter, email, website form) to either SU.Complaints, the Chief Executive or a manager.
b. Where the complaint relates to the Chief Executive or a Sabbatical Officer, these complaints will be reviewed by an external trustee.
c. Complaints will only be considered valid if the complainant:
i. Provides their name and contact details.
ii. Provides details of the event of occurrence giving rise to the complaint.
iii. Raises the complaint within 10 working days of the event of occurrence giving grounds for complaint unless there are exceptional circumstances.
d) Complains will be considered in scope if the incident giving rise to the complaint relates to the conduct of another member, or members, specifically in the context of Union Membership, or concerns the conduct of a member of staff, or concerns a service provided by the Union.
e) Complaints relating to the conduct of Union members or groups of members will be managed under the Disciplinary Procedures as set out in Bye-Law 13.
f) Complaints relating to Union staff conduct will be referred to staff disciplinary procedures and managed through an internal process.
g) Complaints relating to elections will be managed through the process as set out in Bye-Law 9.
h) The Union will not consider the same complaint multiple times, including when the original complaint is not upheld. A member or group raising the same complaint repeatedly will have their complaint rejected as vexatious.
- Bye-Law 13 - Disciplinary Procedures
1. Introduction
a) Students’ Union UCL (“the Union” or “we”) is committed to creating a student-led, inclusive, safe, respectful and fun environment, where everyone is treated fairly and with consistency. We believe that our spaces, both online and physical, should be free from harassment and bullying. It is therefore important that all our Student Members understand the standards of conduct that are expected of them in maintaining that environment.
a) This procedure outlines our approach to ensuring that issues concerning the conduct of individual Member(s) and Clubs and Societies are resolved in a fair, consistent and timely manner.
2. Scope
a) Throughout this procedure, “Members” are defined in accordance with the Union’s Memorandum and Articles of Association as being students at University College London that have not ‘opted out’ of their membership of the Union. For the purposes of this procedure, “Members” also refers to Associate Members and Visiting Members as defined elsewhere in these Bye-Laws.
b) “Clubs and societies” are defined, in line with the Union’s Clubs and Society Regulations, as clubs and societies that have had their affiliation approved by the Activities Zone.
c) “Our standards of conduct and behaviour” are the Union’s standards of conduct and behaviour set out at Appendix 1, in addition to those standards and expectations that are set out from time to time in the following related documents: [Insert list]
d) This procedure does not apply to Union staff, trustees, or sabbatical officers.
e) Where a Member who is also a student member of staff at the Union is alleged to have breached Our standards of conduct and behaviour, the process followed will usually depend on whether the alleged breach occurred while the Member was ‘on duty’ as a Union employee, however depending on the circumstances, the Union may at its ultimate discretion follow both or either of the Member and staff disciplinary policies.
3. Principles
a) We believe our spaces, events, communities and activities, both online and physical, should be safe from harm. The Union should be safe for all those using it, and everyone who participates in Union activities and events, or that uses our spaces has a responsibility to help us achieve this.
b) Any breaches of “Our standards of conduct and behaviour” will be treated in a consistent, fair and reasonable manner. Our aim is always to resolve issues informally wherever possible and for Members, clubs and societies to remain active parts of the Union community.
c) We may begin disciplinary procedures against a Member, club or society without a formal complaint being made against them if, in our reasonable opinion, there is sufficient evidence to suggest that a breach of Our standards of conduct and behaviour has taken place.
d) In circumstances where the Union has reason to believe that a Member, society or club may pose a risk to the health, safety and/or wellbeing of themselves, the student community, the Union’s reputation or public safety, or where it may be more appropriate for a matter to be referred to a third party, for example the University or the police, due the seriousness of the matter, we may put in place precautionary measures (which could include interim suspension of membership) before a full investigation has taken place. The procedure for deciding on the appropriate precautionary measures is outlined in Appendix 3: Risk Assessment Procedures.
e) We may invoke this disciplinary procedure at any stage of a complaint being made or a matter coming to our attention. We will inform the Member, club or society in writing of the fact that this disciplinary procedure has been invoked as soon as is practicable.
f) If an allegation is likely to represent a potential breach of University regulations, and/or happens outside of the Union’s spaces, events, communities and activities and/or is determined by the Union in its ultimate discretion to be outside the scope of this procedure, we may refer the matter to the University for investigation. If a matter is referred we would put on hold our own investigation. Once the University’s investigation is complete, we will review their findings and recommendations and consider whether to apply any sanctions based on their findings, or whether we need to investigate further.
g) Where timescales are referred to within this procedure, they are provided as a guide only. We will always let you know if things are going to take longer than expected, and keep you updated throughout.
h) Communication and notices under this procedure are to be sent in writing, and that writing includes via electronic means such as e-mail. All e-mail communication sent to Members, clubs or societies as part of this procedure will be sent to their registered University e-mail addresses, unless otherwise agreed.
i) Adjustments to this process may be made to accommodate students defined as having disabilities under the Equality Act 2010 and allied legislation. Please let us know as soon as possible if you consider that you will require adjustments to be made to any of the processes under this procedure.
4. Breach of Standards
a) Disciplinary action may be taken in the event of any breach of Our standards of conduct and behaviour, regardless of whether the breach took place in person, in writing or online. Breaches can include incidents that:
i. happen on or off the Union’s premises if connected to Union activity.
ii. are committed while using the Union’s facilities or attending a Union event;
iii. are committed while a Member is representing, acting on behalf of or could reasonably be perceived to be representing or acting on behalf of the Union. This includes, but is not limited to, incidents that take place at an event, during a trip, online (e.g., via social media) or in correspondence.
iv. take place whilst participating in an activity supported by the Union or whilst on Union business.
b) Some examples of the types of misconduct and serious misconduct which may constitute breaches of Our standards of conduct and behaviour are listed in Appendix 1: Disciplinary Standards.
5. Informal Resolution
a) Before considering formal disciplinary proceedings, reasonable efforts will be made to resolve the matter informally, where appropriate. This could include a discussion with a member of Union staff, who will use reasonable endeavours to help you understand the standards or behaviour expected and give you the opportunity to put things right. At this stage you will be made fully aware of the expectations, what steps need to be taken to address the issue and when this will be reviewed. We might also recommend that you attend training or make changes to how your club or society operates.
b) Sometimes an informal discussion may not resolve the issue or be appropriate. In this case, the relevant procedures outlined in the remainder of this procedure will be applied.
c) An informal resolution will not be taken if, in our reasonable opinion:
i. Your conduct has not improved following a previous informal discussion or formal warning;
ii. It is more appropriate to deal with the situation formally, due to the seriousness of the issue(s)/allegation(s).
6. Immediate Disciplinary Process
a) If a situation arises that cannot be resolved there and then, and/or there is a risk to others, a staff member, or nominated Member responsible for an event or activity (e.g., an elected Officer or an elected committee Member of a club or society) may require a Member to leave a space or activity immediately.
b) The staff member or responsible Member should then refer the issue to the relevant Service or Department Manager as soon as possible, who will begin a disciplinary process pursuant to this procedure, notifying the Member in writing accordingly.
7. Licensed Premises
a) In Union licensed premises, the manager on duty may, in accordance with the Licensing Act (2003), take action to prevent public nuisance, prevent crime and disorder and promote public safety, which may include requiring a Member to leave the space. An incident report must be completed as soon as possible following an incident on licensed premises.
8. Police Investigations
a) If police have been involved in an incident that takes place on Union premises or during Union activity, the Chief Executive should be informed as soon as possible.
b) If a Member is also the subject of a police investigation, we may decide to:
i. continue with our own investigation without waiting for the outcome of a police investigation and/or criminal proceedings; or,
ii. suspend our investigations until any police investigation and/or criminal proceedings are complete. The Member may be suspended from the Union during this period, in line with section 10 of this procedure.
c) An investigation or decision by the police or other law enforcement agency to take no further action will not prevent the Union from taking disciplinary action under this procedure.
9. Investigation
a) Before formal disciplinary action is considered, an appropriate person will be appointed to carry out a full and fair investigation to establish the facts of an allegation or incident. The person carrying out the investigation must not be involved in the matter in question, for example as a witness, and will usually be a member of Union staff or an independent person appointed by the Union.
b) The purpose of the investigation is to establish the facts and, where appropriate, obtain statements from relevant witnesses.
c) The investigation will be completed within a reasonable timeframe, taking into account the complexity of the case, the availability of witnesses, staff resource and the timing in the academic year.
d) As part of the investigation, a Member may, if appropriate, be asked to attend an investigation meeting, submit a written statement and/or share other pieces of evidence, which will form part of the investigation report.
e) Once the investigation is complete, the investigator will put together a report that includes:
i. details of the investigation process, findings of fact and conclusions;
ii. whether it is more likely than not that a breach (or breaches) of Our standards of conduct and behaviour has taken place, and which standards or regulations the potential breach(es) relates to;
iii. any recommended informal action to be taken, either instead of, or as well as a disciplinary hearing;
iv. whether a disciplinary hearing is recommended, either for individual Member(s) or a club/society;
v. whether the matter should be reported to the University;
vi. any recommended improvements to Union procedures, practices or training that could prevent the issue/incident happening again in the future.
f) The investigation findings will then be reviewed by the appropriate disciplinary panel, as outlined below, who will determine an appropriate outcome.
10. Interim suspension from the Union
a) In certain circumstances, for example cases involving serious breaches or where we reasonably believe that there are risks to the health, safety and/or wellbeing of other people (such as witnesses, other students or staff), risks to property or the Union’s reputation, it may be appropriate to suspend some or all of an individual, club or society’s membership privileges while an investigation takes place.
b) A risk assessment will be conducted (see Appendix 3) to consider whether interim suspension is necessary.
c) Interim suspension of a Member, club or society does not indicate a disciplinary decision or suggest that a breach of Our standards of conduct and behaviour has been found.
d) We will keep any periods of suspension as brief as possible and review it regularly throughout the process.
11. University Investigations
a) We will inform the University of any allegations of serious misconduct or where, following a risk assessment (see Appendix 3), the Union reasonably believes that a Member may pose a risk to the University or the wider student body, and/or that it is more appropriate for the University to investigate the matter. Where the University considers that its regulations may have been breached, it may follow its own separate disciplinary process and implement its own sanctions.
b) If a Member being investigated is also the subject of a University investigation, we may decide to:
i. continue with our own investigation without waiting for the outcome of the University’s investigation; or,
ii. suspend our investigation until any University investigation is complete, then determine whether the Union needs to take any further action.
c) A Member may have some or all of their membership privileges suspended during this period (see section 10).
d) If, following investigation, the University decides not to take further action, this will not prevent us from taking disciplinary action under this procedure.
e) Our investigation will focus exclusively on whether, on the balance of probabilities, a Member has breached Our standards of conduct and behaviour. If the University has issued a disciplinary sanction for a breach of their regulations that could also be classed as a breach of Our standards of conduct and behaviour, this will be considered as part of our investigation.
12. Disciplinary Panel & Hearing
a) If, following investigation, the Union decides to hold a formal disciplinary hearing with an individual, club or society, the Member(s) will be informed of the relevant investigation findings and allegations in writing and invited to a hearing in line with paragraph 12.8. This will usually take place within 10 working days of the investigation being completed.
b) If the disciplinary matter relates to the management, governance, culture or behaviour of a club or society, the disciplinary panel will normally consist of the Activities & Engagement Officer (Chair) and at least one and a maximum of two officers from the Activities Zone (or appropriate representatives) who have received the relevant training.
c) If the disciplinary matter relates to an individual, the disciplinary panel will normally consist of the Welfare & Community Officer (Chair) and at least one and a maximum of two members of Union Executive who have received the relevant training.
d) If the disciplinary matter relates to both individual behaviour and the running of a club or society, a disciplinary panel may be formed that consists of both the Activities & Engagement Officer and the Welfare & Community Officer, along with at least one and a maximum of two members of Union Executive who have received the relevant training.
e) Members of the panel must not have been involved in the matter in question, for example during the investigation or as a witness.
f) At the formal meeting, you may be accompanied by a fellow Member of the Union. You should inform us in advance of who will be accompanying you to the meeting.
g) All disciplinary panels will be supported by an independent, appropriate member of Union staff at the hearing. They will not have a role in deciding on the outcome but may provide advice and support to the panel. They will also be responsible for taking notes.
h) You will receive an invitation letter to the hearing, at least 5 working days in advance, which will:
i. advise you of the purpose of the hearing, the date, time and venue;
ii. explain that you may be accompanied at the hearing by a fellow Member;
iii. provide information about the allegations;
iv. advise who will attend the hearing, including any witnesses;
v. provide all relevant information that is to be used at the hearing including the investigation report and a copy of the disciplinary procedure.
i) During the hearing, you will have the opportunity to:
i. set out your case and answer any allegations;
ii. ask questions;
iii. put forward your own evidence;
iv. ask witnesses questions;
v. call your own witnesses (advance notice should be given).
j) The person that conducted the investigation may also attend the hearing to present their findings and answer any questions about the investigation and their findings. They will leave the meeting before further discussion takes place.
i. You will have the opportunity to state your case before any disciplinary sanctions are decided on. Where a disciplinary panel must determine issues of fact, the standard of proof will be on the balance of probabilities.
ii. If, with good reason, you are unable to attend the hearing, it will be rescheduled (usually within 5 working days of the original date). Except in exceptional circumstances, if you are unable to attend the rearranged hearing, we may make a decision in your absence. If you have an illness, injury or a medical condition, disciplinary panel will consider what reasonable adjustments can be made to these procedures (including extension of time limits where appropriate) upon the provision of relevant evidence.
iii. The disciplinary panel may dismiss a case or uphold a case in full or in part. If a case is upheld in full or in part, it may apply one or more disciplinary sanctions in accordance with Appendix 2: Disciplinary Outcomes and Sanctions.
iv. After the hearing, you will be notified of the outcome. This will be confirmed in writing, usually within 10 working days or as soon as possible without unreasonable delay, and will include:
k) The decision of the disciplinary panel and its reasons, including details of the incident or behaviour that has resulted in the disciplinary action, the disciplinary sanction(s) and if appropriate, the length of time ant saction(s) will remain in place;
l) Any remedial actions required to be undertaken by the Member, club or society concerned, when these actions should be completed, the consequence of not carrying out these actions, and details of the appeals process.
13. Appeals
a) You can appeal against any disciplinary action taken against you if you feel that:
i. the disciplinary outcome is unreasonable given all the circumstances and evidence considered, including if caused by a demonstrable bias;
ii. the correct procedure was not followed during the formal stage, and this has had a significant effect on the outcome; or,
iii. you have new evidence to show which you were unable, for valid reasons, to provide earlier in the process, and which would have had a significant effect on the outcome of the formal stage.
b) You can submit an appeal within 10 working days of the date that you receive the outcome of the disciplinary hearing. You should do this in writing to the Chair of the Board of Trustees, setting out the reasons for appealing the decision.
c) If the Chair of the Board decides that there are grounds for appeal, an appeal hearing will take place as soon as possible, and without unreasonable delay. This will usually be within 10 working days of your appeal being received.
d) If the Chair of the Board decides that there are no grounds for appeal, then the Member will be informed in writing. Their decision is final.
e) You will receive an invitation letter to the appeal hearing, at least 5 working days in advance, which will:
i. advise you of the purpose of the hearing, the date, time and venue; and
ii. explain that you may be accompanied at the hearing by a fellow Member;
f) Appeals will be heard by a panel who have had no previous involvement in the case and will normally consist of the Chair of the Board (or one of the Vice Chairs) and one or more of the following:
i. A member of the Union management team
ii. A trustee
g) The appeal panel may:
i. uphold all or part of the original decision;
ii. refer the matter to the disciplinary panel stage, if new evidence is presented, for a new panel to consider
iii. change the outcome (they will not usually impose a more serious sanction than what has already been decided);
iv. overturn all or part of the original decision.
h) All decisions will be confirmed in writing, with brief reasons, within 10 working days, or as soon as possible and without unreasonable delay. The decision of the appeal panel is final.
14. Confidentiality
a) All matters relating to the disciplinary and appeals process must be kept confidential.
b) We will investigate any breach of confidentiality by an individual involved in the process and take appropriate action. This could include disciplinary action against the individual(s) responsible for the breach.
15. Safeguarding
a) If any matters have safeguarding concerns, these will be considered in accordance with the Union’s Safeguarding Policy.
Further information
i. Appendix 1: Disciplinary Standards