STUDENT GROUP CONSTITUTION
Adopted on 9th March 2021
1. NAME, AIMS AND ORGANISATION
1.1 The Student Group is called the Durham LGBT+ Student Group but in this Constitution will be referred to as simply the Student Group.
1.2 The aims of the Student Group are
a. Offer welfare support signposting, including community, representation and provision of welfare supplies, to students who self-define as lesbian, gay, bisexual, trans, intersex, students who are uncertain of or questioning their sexual orientation, romantic orientation or gender identity, and any other students who wish to be represented by the Student Group. This includes, but is not limited to; homosexual, bisexual, transgender, genderqueer, genderfluid, genderflux, intergender, agender, non-binary, asexual, pansexual, polysexual, intersex, aromantic, biromantic, polyromantic, panromantic, homoromantic and polyamorous persons, and any other individual who is not simultaneously heterosexual, heteroromantic, allosexual, alloromantic, cisgender, dyadic, and monogamous;
b. provide opportunities for the same students to meet each other and socialise in a safe and non-judgmental environment;
c. provide information on sexual orientation, romantic orientation, gender identity and intersex related issues to any students or other individuals who seek it;
d. represent the views of service-users of the Student Group to all relevant bodies, including Durham Students’ Union;
e. advise Durham Students’ Union on matters relating, or potentially relating to sexual orientation, romantic orientation, gender identity, intersex, or service-users of the Student Group;
f. liaise with other organisations in the local area and beyond with a social, welfare or campaigning function on behalf of LGBT+ people;
g. raise mutual awareness and understanding between LGBT+ students and other members of the University;
h. to promote the equal treatment of and rights for LGBT+ people in society more generally;
i. organise LGBT+ awareness events, through the form of an annual awareness week and/or LGBT+ history month; and
j. to fulfil all the requirements made in the Durham Students’ Union Standing Orders of the LGBT+ Student Group.
(the Aims).
1.3 In order to achieve its Aims, the Student Group may:
1.3.1 Run campaigns and pressure groups to represent the concerns of the LGBT+ community of Durham to the Students’ Union and the University and attempt to make change beneficial to them
1.3.2 Run socials where LGBT+ students may network and meet one another in a safe and supportive space
1.3.3 Provide welfare signposting support to students through the supplying of materials helpful to sexual health, and in the case of mental health issues, signpost to relevant professional services
1.3.4 Send a weekly email and maintain a website and Facebook page to communicate to its members about opportunities and events occurring throughout the University and the City
1.3.5 Maintain a presence at local LGBT+ events, including Durham Pride
1.3.6 Maintain a vote at Assembly to ensure the concerns of LGBT+ students are taken into due consideration
1.3.7 Run charity campaigns for the purposes of raising funds for causes that are in line with the aims of the Student Group and with the SU charitable objects.
1.3.8 Carry out such other activities which the Committee (defined in clause 6) believes will help the Student Group to achieve its Aims, and which are agreed in advance with the Student Groups Committee.
1.4 The composition, work and organisation of the Student Group shall be governed by this Constitution and by the Student Group Agreement entered into between Durham SU and the Student Group. If there is a conflict between the two then the Student Group Agreement will prevail.
1.5 The Student Group will be overseen on a day to day basis by the Chair (with support from the other members of the Committee), and the Chair shall be directly answerable to the Student Groups Committee and the Durham SU Board of Trustees. Notwithstanding this, the Committee is collectively answerable to Durham SU as the body with ultimate responsibility for compliance with the law and with the regulation of the Charity Commission.
2. RELATIONSHIP WITH DURHAM SU AND DURHAM UNIVERSITY
2.1 The Student Group shall at all times comply with and conduct itself in accordance with the terms of the Student Group Agreement and all relevant Durham SU or Durham University (the University) regulations, rules, standing orders, policies, procedures and codes of practice etc in force from time to time including but not limited to:
2.1.1 The Durham SU complaints procedure;
2.1.2 The agreement in place between Durham SU and the University regarding the use of the University's name;
Collectively referred to in this Constitution as the Rules and Regulations.
2.2 The Student Group shall not, and shall not purport to, make or enter into any commitments for and on behalf of Durham SU or the University except as otherwise agreed in advance with Durham SU and/or the University (as applicable).
2.3 The Student Group recognises that it does not have permission to use the University's logo.
2.4 Neither Durham SU nor the University shall be held liable for any debts/financial liability of the Student Group unless otherwise agreed in writing and unless such liability arises from an act or omission on the part of the Student Group as authorised by Durham SU and/or the University (as applicable).
3. MEMBERSHIP
3.1 Who can be a member of the Student Group
3.1.1 All members of Durham SU may be a member of the Student Group (hereafter referred to as "Student Members").
3.1.2 Persons who are not members of Durham SU may, at the discretion of the Student Group, become members of the Student Group (hereafter referred to as "Associate Members").
3.2 Minimum membership numbers
3.2.1 There must be at least [three] members at all times. If the number of members falls below this number the existing members must immediately notify the Student Groups Committee who may decide to de-ratify the Student Group if the existing members are unable to promptly secure additional members.
3.3 Membership fee
3.3.1 As a condition of membership, members may be required to pay an annual fee to the Student Group. The level of that fee (if any) shall be in line with the relevant Durham SU policy on this issue.
3.4 Membership entitlements
3.4.1 All members shall be entitled to attend all Student Group events (subject to availability and any lawful restrictions that the Officers (defined in clause 6) may impose from time to time).
3.4.2 All members shall be entitled to Student Group privileges that the Committee may arrange from time to time
3.4.3 All members shall be entitled to attend the Student Group's General Meetings and Annual General Meetings ("AGMs") and put forward agenda items to be considered, although only Student Members can vote at these.
3.5 Member responsibilities
3.5.1 Members must not act in a manner which brings, or is likely to bring, the Student Group, Durham SU and/or the University into disrepute.
3.5.2 Each member must, as a condition of membership, sign/agree to a declaration (which will generally be incorporated into the online membership purchase process) confirming that they will, at all times:
(a) comply with the terms of this Constitution, the relevant Rules and Regulations, and all relevant laws and regulations (including but not limited to the General Data Protection Regulation); and
(b) act in the best interests of the Student Group and Durham SU, and uphold the Student Group's Aims and the objects of Durham SU.
4. GENERAL MEETINGS
4.1 A General Meeting may be held at any time during the University's term time.
4.2 [A General Meeting must be held at least once every University term]].
4.3 All members [who are self-defining members of the Student Group] (subject to the Conflicts of Interest section below) shall be entitled to attend a General Meeting and, if they are Student Members, they shall also be entitled to vote at a General Meeting.
4.4 The Durham SU Board of Trustees and the Student Groups Committee may each nominate someone to attend and speak at the General Meetings on their behalf should they wish. The non-voting delegates from Student Groups Committee and from the Durham SU Board are there to have a regard for matters of good governance, and not to seek to direct the democracy or activities of the student group. They should inform the Chair of their attendance, and the reason for their attendance, in advance of the meeting they wish to attend. Other persons who are not members of the Student Group may also attend the General Meetings but only with the prior consent of the Committee.
4.5 A General Meeting may be called by:
4.5.1 the Committee; or
4.5.2 at least 10 people of members of the Student Group.
4.6 Meetings may take place by video conference or telephone conference or similar means to allow every member to take part in the meeting.
4.7 Notification of all General Meetings shall be circulated to all members of the Student Group (and, where the agenda for the General Meeting includes a matter of significance, to members of the Student Groups Committee and the Durham SU Board of Trustees) at least seven days in advance of the meeting date. Notices shall be given in writing, including by email where members have given their consent. For the purpose of this clause 4.7, a "matter of significance" shall include a proposal to amend this Constitution or a proposal to change the rights of the Student Group's members.
4.8 Motions to be discussed should be presented to the Student Group Secretary not less than [one week] prior to the General Meeting unless the Committee agrees otherwise.
4.9 The Chair, or in their absence, the Vice-Chair (if any) shall chair the General Meeting. In the absence of the Chair and Vice-Chair, the members present at the General Meeting shall elect a chairperson from amongst themselves for that meeting.
4.10 The Student Group Secretary will take the minutes of the General Meetings.
4.11 The quorum for General Meetings shall be twice the number of people as the number of people who hold posts on the Executive Committee
of the membership of the Student Group.
4.12 All decisions at a General Meeting will be made by a show of hands or electronic vote, unless at least [three] members demand a secret ballot. In the case of electronic vote, that vote must be received at the email address set out in the notice of the General Meeting at least 48 hours before that meeting.
4.13 Motions carried by the necessary majority (i.e. a 50% or more vote in favour of the motion) at quorate General Meetings are binding on the Student Group (unless those motions also require the prior consent of the Student Groups Committee or the Durham SU Board of Trustees, in which case they will need that prior consent also to be binding).
4.14 A Committee member subject to a proposed motion of no confidence shall be notified of the motion in advance of the General Meeting and be given the opportunity to make representations thereto.
5. AGMs
5.1 AGMs shall be held annually prior to the deadline for the Student Group to submit its application for re-registration to the Student Groups Committee, as determined from year to year.
5.2 All members who, at the point that notice of the AGM is issued, have fully paid any fees due to the Student Group (subject to the Conflicts of Interest section below) shall be entitled to attend and, in the case of Student Members only, entitled to vote at the AGM.
5.3 Any person nominated by the Durham SU Board of Trustees and/or the Student Groups Committee may attend and speak at the General Meetings should they wish. The non-voting delegates from Student Groups Committee and from the Durham SU Board are there to have a regard for matters of good governance, and not to seek to direct the democracy or activities of the student group. They should inform the Chair of their attendance, and the reason for their attendance, in advance of the meeting they wish to attend. Other persons who are not members of the Student Group may also attend the AGM but only with the prior consent of the Committee.
5.4 Notification of an AGM shall be circulated to all members of the Student Group (and to members of the Student Groups Committee and the Durham SU Board of Trustees) at least [two weeks] in advance of the meeting date. [Notices shall be given in writing, including by email where members have given their consent].
5.5 Meetings may take place by video conference or telephone conference or similar means to allow every member of the Committee to take part in the meeting.
5.6 Motions to be discussed should be presented to the Student Group Secretary not less than [seven days] prior to the AGM unless the Committee agrees otherwise.
5.7 The Chair, or in their absence, the Vice-Chair (if any) shall chair the AGM. In the absence of the Chair and Vice-Chair, the members present at the AGM shall elect a chairperson from amongst themselves for that meeting.
5.8 The Student Group Secretary will take the minutes of the AGM.
5.9 The quorum for an AGM shall be [twice the number of people as the number of people who hold posts on the Executive Committee of the membership of the Student Group.
5.10 At the AGM the following business shall take place:
5.10.1 Chair's report.
5.10.2 Report by other Officers (where applicable).
5.10.3 The Student Group Secretary shall report on the administrative affairs of the Student Group.
5.10.4 Approval of the minutes of the last General Meeting.
5.10.5 Approval of the Student Group’s accounts for the preceding year.
5.10.6 Approval of the Student Group's plan and budget for the forthcoming year.
5.10.7 Constitutional amendments (if any).
5.10.8 Such other business as is considered necessary.
5.11 All decisions at an AGM will be made by a show of hands or electronic vote, unless at least [three] members demand a secret ballot. In the case of electronic vote, that vote must be received at the email address set out in the notice of the AGM at least 48 hours before that meeting and validated by [the Steering Officer (Group Secretary)] as eligible.
6. THE COMMITTEE
6.1 Composition of the Committee
6.1.1 The Committee is made up of the following Officers:
(a) The Chair who shall be the nominal head and representative of the Student Group and is ultimately responsible for the conduct of the Student Group and such other matters as set out in this Constitution and in the Chair's role description.
The Chair is accountable to the Durham SU Board of Trustees.
(b) Two Vice-Chairs (one Undergraduate Vice-Chair and one Postgraduate Vice-Chair) shall be assist the Chair in their responsibilities as well as act as the joint secondary public face of the Association, and such other matters as set out in this Constitution and in the Vice-Chair’s role description.
(c) The Treasurer who shall maintain the Student Group accounts and any property whether belonging to the Student Group or in the care of the Student Group, and shall be responsible to the Chair for those and such other matters as set out in this Constitution and in the Treasurer's role description.
(d) The Student Group Secretary who shall be responsible for the administration of the Student Group, including taking the minutes of the AGMs, General Meetings and Committee meetings and such other matters as set out in this Constitution and in the Student Group Secretary's role description.
6.1.2 Jointly Held Positions
(a) Where jointly held positions are allowed, the Officer position may be held jointly by a maximum of two people.
(b) Jointly held positions will not be allowed except for the following roles:
i) The President
ii) The Finance and Sponsorship Officer
(c) Where candidates wish to run for a jointly held position, they would have to run for the position together as a pair, jointly held positions will therefore not be granted in retrospect after an election.
(d) The usual election procedures will apply for candidates wishing to run together and they will submit one joint manifesto and present a hust at the Association’s General Meeting.
(e) If one joint holder of a position resigns or is removed, the remaining holder of the position may continue to solely hold the officer position in its full capacity for the remainder of their term of officer without a by-election being held
6.1.3 It should be noted that any documentation mentioning:
a) The President of the Student Group (or Association) refers to the role referred to above as the Chair, and shall also have the following additional responsibilities:
i) coordinate the activities of the Executive Committee;
ii) act as the primary public face of the Association;
iii) coordinate liaison between the Association and Durham Students’ Union, college JCRs, University authorities, police, NUS and other external organisations as necessary;
iv) attend all College Representatives Committee meetings and feed back to the Executive Committee on matters pertaining to the College Representatives Committee;
v) ensure that this Constitution is upheld and strive to see the aims and objectives in Section 3 attained;
vi) ensure the Association adheres to all Durham Students’ Union standing orders as outlined in Section 2.1; and
vii) hold the Association’s voting card at Durham Students’ Union Assembly meetings and take full responsibility for attendance at these meetings
b) The Vice President (Undergraduate) of the Student Group (or Association) refers to the role referred to above as the Vice-Chair (Undergraduate) and shall also have the following responsibilities.
i) assist in coordinating the activities of the Executive Committee;
ii) act as the joint secondary public face of the Association with the Vice President (Postgraduate Place);
iii) be responsible for the organisation of activities in areas of undergraduate representation, engagement, and support;
iv) assist with the organisation of campaigns on matters concerning undergraduate service-users;
v) liaise with Durham Students’ Union Undergraduate Academic Officer, Welfare and Liberation Officer, Undergraduate Representatives, and JCR Execs where appropriate;
vi) in liaison with appropriate representatives, work to ensure undergraduate service-users are being actively represented and supported within democratic structures, and relevant groups are addressing any issues raised;
vii) convene at least once a term an Undergraduate Representative Committee Meeting and feedback to the Executive Committee; and
viii) liaise with each faculty and college, including liaising with department reps and staff around LGBT+ inclusion, including campaigning and supporting undergraduate service-users
c) The Vice President (Postgraduate) of the Student Group (or Association) is the role referred to above as the Vice-Chair (Postgraduate) and shall also have the following responsibilities:
i) in coordinating the activities of the Executive Committee;
ii) act as the joint secondary public face of the Association with the Vice President (Undergraduate Place);
iii) be responsible for the organisation of activities in areas of postgraduate representation, engagement, and support;
iv) assist with the organisation of campaigns on matters concerning postgraduate service-users;
v) liaise with Durham Students’ Union Postgraduate Academic Officer, Welfare and Liberation Officer, Postgraduate Representatives, and MCR Execs where appropriate;
vi) in liaison with appropriate representatives, work to ensure postgraduate service- users are being actively represented and supported within democratic structures, and relevant groups are addressing any issues raised;
vii) convene at least once a term a Postgraduate Representative Committee Meeting and feedback to the Executive Committee;
viii) liaise with Durham’s LGBT Staff Network, in working to develop an inclusive environment and study spaces for LGBT+ students and staff members;
ix) liaise with each faculty and college, including liaising with department reps and staff around LGBT+ inclusion, including campaigning and supporting postgraduate service-users
d) The Finance and Sponsorship Officer of the Student Group (or Association) is the role referred to above as the Treasurer and shall also have the following responsibilities:
i) manage the Association’s finances, receipts, and payments
ii) keep the Association’s accounts and publish them at the end of the year;
iii) be the sole Officer responsible for seeking sponsorship for the Association from external organisations;
iv) provide a written financial statement at every Executive Committee meeting;
v) monitor the financial position of the Association with respect both to its own account and its budget from Durham Students’ Union, and advise the Executive Committee accordingly; and
vi) have overall responsibility for any other financial matters
e) The Steering Officer of the Student Group (or Association) is the role referred to above as the Secretary and shall also have the following responsibilities:
i) be responsible for the organisation and preparation for Committee Meetings and General Meetings, including the creation of the agenda;
ii) ensure the smooth running of Committee Meetings and General Meetings, including deciding upon the order of business, collate all motions and amendments passed at General Meetings;
iii) keep this Constitution up-to-date following any changes;
iv) have day to day responsibility for management of the Student Group’s post and electronic mail;
v) coordinate the Student Group’s mailings to its membership;
vi) run the Student Group’s administrative email account;
vii) maintain the email accounts for Executive and Non-Executive Officers
viii) ensure the smooth running of the Student Group’s website, including assisting other Officers in the publication of documents or information;
ix) maintain a full list of current executive and non-executive officers on the Student Group’s website;
x) ensure that the Student Group abides to Durham Students’ Union Constitution, Standing Orders, and Policy;
xi) ensure that this Constitution is being followed at all times;
xii) ensure that all Student Group Policy is followed by all Officers and Committees of the Student Group;
xiii) assist in the organisation of handover between officers;
xiv) act as the Student Group’s librarian;
xv) work with the Publicity and Media Officer in ensuring that the LGBT+ Book Club – which is independent from the association – remains active with someone leading it and that it is properly advertised to members of the association; and
xvi) be responsible for all other general administrative duties
f) The Welfare Officer, who shall be responsible for:
i) the organisation of activities in areas concerning health and well-being;
ii) coordinate the day to day organisation and lead the development of the Student Group's drop-in hours in a safe space, including the provision of appropriate training wherever required;
iii) promote awareness of LGBT+ welfare issues amongst service-users, within Durham Students’ Union and in the University as a whole;
iv) assist with the organisation of campaigns on matters concerning health and well-being;
v) maintain and coordinate distribution of the Student Group's supplies of leaflets, sexual health products and other welfare resources;
vi) ensure all the information in the welfare-related sections of the website and any literature produced by the Student Group is appropriate, accurate and up-to-date;
vii) liaise with the Durham Students’ Union Welfare and Liberation Officer, sexual health representatives and other relevant healthcare professionals where appropriate;
viii) in liaison with the appropriate Officers, monitor the accessibility of the Student Group's services to different groups and raise general awareness of any shortcomings;
ix) oversee and guide the activities of the Representative Advisory Committee, convene and chair the Representative Advisory Committee meetings;
x) feedback to the Executive Committee on matters pertaining to the Advisory Committee;
xi) attend Durham Students’ Union Welfare, Equality and Diversity Committee meetings;
xii) oversee and guide the activities of the Welfare Committee;
xiii) wherever possible, alert members of the Welfare Committee and any service-user who shows serious interest in husting for a Welfare position within the Student Group to training opportunities they could undertake to prepare for the role;
xiv) convene and chair the Welfare Committee meetings; and
xv) be regarded as the equal of the Assistant Welfare Officer unless they are unable to come to a consensus, in which case the Welfare Officer shall have the power to overrule the Assistant Welfare Officer
g) The Assistant Welfare Officer who shall:
i) assist the Welfare Officer in their duties wherever appropriate;
ii) be responsible for the organisation of activities in areas concerning health and well-being;
iii) take part in the Student Group's drop-in hours in a safe space, including the provision of appropriate training wherever required;
iv) promote awareness of LGBT+ welfare issues amongst service-users, within Durham Students’ Union and in the University as a whole;
v) assist with the organisation of campaigns on matters concerning health and well-being;
vi) help to distribute the Student Group's supplies of leaflets, sexual health products and other welfare resources;
vii) ensure all the information in the welfare-related sections of the website and any literature produced by the Student Group is appropriate, accurate and up-to-date;
viii) in liaison with the appropriate Officers, monitor the accessibility of the Student Groups services to different groups and raise general awareness of any shortcomings;
ix) oversee and guide the activities of the Representative Advisory Committee;
x) feedback to the Executive Committee on matters pertaining to the Representative Advisory Committee;
xi) attend Durham Students’ Union Welfare, Equality and Diversity Committee meeting;
xii) attend the Welfare Committee meetings, help guide the Welfare Committee; and
xiii) whilst following the Welfare Officer’s lead, be regarded as the equal of the Welfare Officer unless they unable to come to a consensus, in which case the Welfare Officer shall have the power to override them
h) The Social Secretary, who shall:
i) lead the planning and scheduling of events in the Student Group’s term cards;
ii) coordinate and have responsibility for the organisation of the Student Group’s social events on a day to day basis;
iii) take the lead in running flagship social events;
iv) coordinate the work of Officers running social events for specific sections of the Student Group’s membership;
v) liaise with the Advisory Committees and other minority interests in organising social events for specific groups as requested and required; and
vi) sell tickets to events
vii) be regarded as the equal of the Social Secretary unless they are unable to come to a consensus, in which case the Social Secretary shall have the power to overrule the Assistant Social Secretary
i) The Assistant Social Secretary, who shall,
i) assist the Social Secretary Officer in their duties where appropriate;
ii) assist in the planning and scheduling of events in the Student Group’s term cards;
iii) take part and assist in the responsibility of coordination for the organisation of the Student Group’s social events on a day to day basis;
iv) take part and assist in the running flagship social events;
v) take part and assist in coordinating the work of Officers running social events for specific sections of the Student Group’s membership;
vi) liaise with the Advisory Committees and other minority interests in organising social events for specific groups as requested and required; and
vii) sell tickets to events
viii) whilst following the Social Secretary’s lead, be regarded as the equal of the Social Secretary unless they are unable to come to a consensus, in which case the Social Secretary shall have the power to override them
j) The Campaigns Officer, who shall:
i) promote knowledge of and involvement with LGBT+ campaigning and representational issues among service-users;
ii) coordinate campaigns on behalf of the Student Group, aimed within Durham Students’ Union and/or beyond, on matters relevant to LGBT+ students as students and as members of wider society;
iii) lead the planning and organisation of the annual Durham LGBT+ Awareness Week/LGBT+ History Month;
iv) work with and assist the President, as necessary and appropriate, in areas related to representation and external liaison;
v) liaise with the Welfare Officers to ensure all campaigns are inclusive to all;
vi) oversee and guide the activities of the Liaison Advisory Committee, convene and chair the Liaison Advisory Committee meetings; and
vii) be regarded as the equal of the Assistant Campaigns Officer unless they are unable to come to a consensus, in which case the Campaigns Officer shall have the power to overrule the Assistant Campaigns Officer
k) The Assistant Campaigns Officer, who shall:
i) assist the Campaigns Officer in their duties wherever appropriate;
ii) promote knowledge of and involvement with LGBT+ campaigning and representational issues among service-users;
iii) take part in and assist in the coordination of campaigns on behalf of the Student Group, aimed within Durham and/or beyond, on matters relevant to LGBT+ students as students and as members of wider society;
iv) assist with the planning and organisation of the annual Durham LGBT+ Awareness Week/LGBT+ History Month;
v) work with and assist the Presidents, as necessary and appropriate, in areas related to representation and external liaison;
vi) oversee and guide the activities of the Liaison Advisory Committee; and
vii) whilst following the Campaigns Officer's lead, be regarded as the equal of the Campaigns Officer unless they are unable to come to a consensus, in which case the Campaigns Officer shall have the power to override them
l) The Publicity and Media Officer, who shall:
i) create and manage publicity on behalf of the Student Group, advertising its existence, its contact details, and the range of social events and services it offers;
ii) oversee all aspects of advertising the Student Group’s events and activities online, (including via the website, Twitter, Facebook, Instagram etc.) and where necessary ensure that other Executive Officers are also able to do this effectively;
iii) work to maintain and develop the publicity of the Student Group in external media, advertising its existence, contact details and where appropriate major events, including in student newspapers and the Durham Students’ Union Dialogue booklet and email;
iv) have responsibility for the design of the Student Group’s term card each term, arrange printing and/or copying of publicity and term cards;
v) be responsible for the display of publicity in central locations and any unrepresented colleges, and generally ensuring the widest possible coverage throughout Durham;
vi) coordinate the Student Group’s presence at Freshers’ Fairs and any similar events, including ordering business cards and orchestrating the yearly Freshers’ Guide;
vii) work with the Steering Officer in ensuring that the LGBT+ Book Club – which is independent from the association – remains active with someone leading it and that it is properly advertised to members of the association; and
viii) be responsible for the development of the Student Group’s website and the overall coordination of its content.
With the additional non-executive officers existing with the duties of represent all service-users who self-define within the area of their job description, act as a point of contact for the represented group, liaise with the Executive Committee to ensure any specific needs of the represented group are being met by the Student Group, liaise with other organisations primarily involved with members of the represented group, assess the demand for, and be able to hold, events and campaigns aimed specifically at members of the represented group:
a. Asexual and Aromantic Representative
b. Bisexual and Multiorientation Representative
c. Transgender Representative
d. Non-Binary Representative
e. Students with Disabilities Representative
f. International Students Representative
g. Post-graduate and Mature Students Representative
h. People of Colour Representative
i. People of Faith Representative
j. Women's Representative
k. Working-Class Representative
These non-executive officers are at all times accountable to the Executive Committee for their actions.
6.2 Election of Officers and cessation of office
6.2.1 Notwithstanding any provision herein to the contrary, Officers must be elected in accordance with the Durham SU Student Groups Election Policy (as amended from time to time).
6.2.2 Any Student Member may run for a Committee post.
6.2.3 Subject to clause 6.2.4, all Officers shall commence their posts on the first day of the University's summer break and shall continue in post until the last day of the University's third academic term. Prior to the end of their term in post, each Officer shall use all reasonable endeavours to train the incoming Officers, and to ensure a smooth handover.
6.2.4 An Officer's term in office may cease prior to the last day of the University's third academic term if:
(a) They resign.
(b) A motion of no confidence is passed at a General Meeting held in accordance with clause 4.
(c) They are removed from their post by the Board of Trustees of Durham SU of its own volition acting reasonably, or on the recommendation of the Panel or Appeal Panel pursuant to clause 11.
(d) They are removed from their post by the Board of Trustees of Durham SU on the recommendation of the Committee which reasonably concludes that such Officer's tenure is either damaging to the interests of the Student Group or is no longer in furtherance of its Aims or the objects of Durham SU.
(e) In the case of an Officer who is also a trustee of Durham SU, that person ceases to be a trustee in accordance with the articles of association of Durham SU. In these circumstances, they will be deemed to have resigned from the Committee, and their resignation will take effect on the date that their termination from office of trustee takes effect.
(f) They cease to be a member of Durham SU for whatever reason. In these circumstances, they will be deemed to have resigned from the Committee and their resignation will take effect on the date that their membership of Durham SU ends. Details of all resignations, dismissals and appointments must be sent to the Student Groups Committee within seven days of the resignation, dismissal and/or appointment (as applicable).
6.2.5 If an Officer post becomes vacant for whatever reason, reasonable steps shall be taken to fill the vacancy in accordance with the process for electing Officers under this constitution.
6.2.6 The elections for Acting Officers (that is, in the event of resignation from other officers before it is convenient to hold a full election at a General Meeting) shall differ from other elections in that the same conditions need not be met: the meeting need not involve a quorum and the Acting Officer shall not be required to submit a manifesto, publicity materials nor notify anyone of their intention to run beforehand. However, an Acting Officer shall only be allowed to hold office until the next General Meeting, at which point usual requirements shall be in place, or until three months has elapsed, at which point they shall take up the role immediately.
6.3 Responsibilities and powers of the Officers
6.3.1 The Committee shall manage the Student Group's day to day duties, general business and policy.
6.3.2 The Committee may delegate any of its functions to another group or person, but is ultimately responsible for the acts or omissions of such group or person.
6.3.3 The Committee is responsible for the Student Group's compliance with the Rules and Regulations; the law (including charity law), regulation and best practice; and the Student Group Agreement, and is accountable to the Durham SU Board of Trustees for the same.
6.3.4 The Committee may specify further responsibilities for themselves, or for any Officer, as required.
6.3.5 Upon appointment each Officer shall sign a declaration confirming that they:
(a) Are able and willing to act as an Officer.
(b) Shall attend such training as the Durham SU Board of Trustees and/or the Student Groups Committee may require from time to time.
(c) Will at all times act in the best interests of the Student Group and uphold the Student Group's Aims.
(d) Will at all times act in the best interests of Durham SU and uphold the objects of Durham SU.
7. THE COMMITTEE MEETINGS AND DECISION MAKING
7.1 The Committee must meet at least [once every week
7.2 An Officer may call a Committee meeting by writing or email to the Student Group Secretary.
7.3 Any persons nominated by the Student Groups Committee and/or the Durham SU Board of Trustees may attend and speak at the Committee meetings. Other persons may also attend with the prior consent of the Committee.
7.4 Notification of a Committee meeting shall be circulated to all members of the Committee (and to members of the Student Groups Committee and the Durham SU Board of Trustees) at least one week in advance of the meeting date. The non-voting delegates from Student Groups Committee and from the Durham SU Board are there to have a regard for matters of good governance, and not to seek to direct the democracy or activities of the student group. They should inform the Chair of their attendance, and the reason for their attendance, in advance of the meeting they wish to attend. Notification may be circulated by email to the email address supplied by the recipients for this purpose, and provided the recipients agree in advance to receive such notifications by email.
7.5 Meetings may take place by video conference or telephone conference or similar means to allow every member of the Committee to take part in the meeting.
7.6 The Chair will chair all Committee meetings. If the Chair is unable or unwilling to do so then the Vice-Chair (if any) shall chair the meetings. If the Vice-Chair is unable or unwilling to do so, or if there is no Vice-Chair, those present shall appoint one of their number to chair the meeting.
7.7 In the event of a tie, the chair of the meeting will have a casting vote.
7.8 The quorum for a meeting of the Committee shall be three members.
7.9 The Committee may make decisions outside of meetings, provided that such decisions are recorded by the Student Group Secretary and that all members of the Committee have the opportunity to participate in the decision making process.
8. CONFLICTS OF INTEREST
8.1 A member (including an Officer) who has a conflict of interest in relation to the matters discussed at a General Meeting, AGM or a Committee meeting must:
8.1.1 At the start of the meeting declare the nature and extent of their interest in the matter in question.
8.1.2 Excuse themselves from the meeting whilst the matter in question is being discussed.
8.1.3 Not be counted in the quorum for the part of the meeting where the matter in question is discussed.
8.1.4 Not vote on the matter in question.
8.2 The Student Group Secretary must keep a record of all interests declared.
9. ASSETS AND FINANCIAL MATTERS
9.1 Assets
9.1.1 All assets (whether tangible or intangible) ("Assets") purchased by the Student Group (whether from monies raised, grants awarded to it by Durham SU or otherwise) or provided or awarded to the Student Group by Durham SU shall at all times remain the property of Durham SU.
9.1.2 The Student Group and its members shall not cause, or permit to be caused, any damage to the Assets and may otherwise be held liable for any such damage.
9.1.3 For the avoidance of doubt:
(a) Tangible assets are physical assets such as stationery, books, tech/IT equipment, marketing materials and gear.
(b) Intangible assets are non-physical assets such as contracts or agreements, computer software, domain names, trademarks, goodwill and copyright.
9.2 Bank Account
9.2.1 Unless otherwise agreed with the Durham SU Finance Committee, on the recommendation of the Chief Executive of Durham SU, the Student Group shall not be permitted to maintain its own bank account. All of the Student Group's funds (the "Student Group's Funds") must be deposited into the Durham SU bank account, as nominated by Durham SU from time to time (the "Bank Account"). The Student Group's Funds will be ring-fenced from such other funds contained within that Bank Account (i.e. the Student Group's Funds will be held by Durham SU as a restricted fund).
9.2.2 Money received from members, sponsors, donors, and any other third parties:
(a) Must be immediately deposited into the Bank Account.
(b) May only be used for the purpose it was provided, donated, etc.
(c) Must be immediately returned if provided, donated etc. for a purpose that is incompatible with the Aims of the Student Group.
9.2.3 It is the Committee's responsibility to ensure that it instructs Durham SU as to the correct use of, or return of, the Student Group's Funds held in the Bank Account.
9.3 Accounting Records
9.3.1 The financial year for the Student Group is the same as that for Durham SU i.e. 31 July.
9.3.2 The Student Group's accounts and financial records shall be kept for at least seven financial years and can be inspected by any member of the Student Group, the Student Groups Committee or the Durham SU Board of Trustees upon request.
9.3.3 The Treasurer is responsible for:
(a) Ensuring that monies received are properly accounted for, and that the Student Group's financial records are kept in good order.
(b) Presenting the Student Group's accounts to the members annually at the AGM.
(c) Ensuring that the ordinary expenditure of any given year is not more than the ordinary income of that year.
(d) Presenting an undated budget to the first full meeting of the Committee in the following academic year to be discussed.
9.4 Miscellaneous
9.4.1 The Student Group shall be non-profit making which means that the members (including the Officers) may only receive payment, direct or indirect, as reimbursement for legitimate expenses reasonably incurred in carrying out activities in furtherance of the Aims.
9.4.2 Any reserves at the end of the financial year shall be carried over into the restricted reserves for that Student Group for the following financial year, unless otherwise agreed by Durham SU.
9.4.3 If the Student Group is suspended or de-ratified by the Student Groups Committee and/or the Durham SU Board of Trustees or the Student Group has been dormant for two years, any balance left in its Bank Account shall be transferred to the Durham SU bank account, as a restricted fund, for the charitable purposes of Durham SU.
9.4.4 Records of the Student Group's business (whether financial or otherwise) shall be available for inspection by members of the Student Group, the Student Groups Committee and Durham SU.
10. CHANGES TO THE CONSTITUTION AND COMPLAINTS PROCEDURE
10.1 Subject to clause 10.2 below, the Constitution may be amended at a General Meeting, with approval of at least two thirds of those members present.
10.2 Any alteration to the following provisions of this Constitution will require the prior written consent of Durham SU:
10.2.1 Clause 1 – Name, Aims and Organisation
10.2.2 Clause 2 – Relationship with Durham SU and Durham University
10.2.3 Clause 6.2.4 – Cessation of office of an Officer
10.2.4 Clause 6.3.5 – Requirement for Officers to sign a declaration.
10.2.5 Clause 9 – Assets and Financial Matters
10.2.6 Clause 10 – Changes to the Constitution and Complaints Procedure
10.2.7 Clause 11 – Breach of this Constitution
10.2.8 Clause 12 – Dissolution
10.3 Any deviation from the Durham SU Complaints Procedure will require the prior written consent of the Durham SU Board of Trustees. A copy of that Procedure is available from the Opportunities team upon request.
11. BREACH OF THIS CONSTITUTION
11.1 If a member is alleged to have breached the terms of this Constitution then those allegations must be promptly reported to a member of the Committee, and the process set out below must be followed.
11.2 All persons involved in the process must at the outset sign a declaration to confirm that they will deal with the matter sensitively and with respect for the privacy of the relevant member concerned, and shall treat the information that they are privy to as part of the process as confidential.
11.3 Allegations of breach of this Constitution must, where possible, be dealt with in an informal and prompt manner. However, where this is not possible, or where the relevant member of the Committee believes that the breach is more than minor or has been committed before by the same person, then the Student Groups Committee must be notified and the more formal process below must be followed.
Investigation
11.4 An Officer (the Investigatory Officer) shall promptly investigate the alleged breach.
11.5 The Investigatory Officer may, as part of the investigatory process, suspend the member in question as a member of the Student Group. Suspension shall not imply that the relevant member has breached the Constitution – suspension will be a neutral measure designed to facilitate the investigation process.
11.6 The Investigatory Officer shall share the findings of their investigation with the Panel (defined in clause 11.7).
Panel decision
11.7 A panel made up of one member of the Committee (but not the Chair or the Investigatory Officer), one member of the Student Groups Committee, and one other member of the Student Group appointed by the Opportunities Officer, (the Panel), must promptly discuss the allegation and shall invite the member who is alleged to have breached the Constitution to put forward their views at the meeting. That member may be accompanied by a trusted friend or family member, but not a legal representative.
11.8 Each Panel member shall have one vote. If the majority or all of the Panel members decide that the member in question did breach the Constitution then the Panel is authorised to carry out one or more of the following actions:
11.8.1 Issue a written warning to the member;
11.8.2 Suspend or expel the member from the Student Group;
11.8.3 Make a recommendation to the Board of Trustees of Durham SU to suspend or expel the member from Durham SU in accordance with the latter's Articles of Association;
11.8.4 If that member is an Officer of the Student Group, make a recommendation to the Board of Trustees of Durham SU to remove the member as an Officer of the Student Group and, if the Board of Trustees of Durham SU agree and action that recommendation, propose to the other members that a replacement Officer be elected without undue delay in accordance with this constitution;
11.8.5 Require the member to undergo such relevant training and development as specified by the Panel and in the timeframes specified by the Panel; otherwise, the complaint will be dismissed.
Appeal Panel decision
11.9 Subject to clause 11.10, if the Panel decides that the member in question did breach the Constitution, that member may appeal that decision to a separate panel (the Appeals Panel) within 5 days of the decision.
11.10 Any person appealing a decision to carry out the action listed at clause 11.8.3 shall have the right of appeal (if any) as for a trustee of Durham SU as set out in Articles 86 to 89 inclusive of the Articles of Association of Durham SU.
11.11 The Appeals Panel shall comprise the Chair and one other Officer (excluding the Investigatory Officer and the Officer who sat on the Panel).
11.12 The Appeals Panel shall meet to consider the allegations against the relevant member. The proceedings of the Appeals Panel shall be conducted in the same way as the Panel originally conducted their proceedings.
11.13 The Appeals Panel may substitute any alternative outcome, or uphold the original decision or recommendation of the Panel, and shall, in writing, notify the relevant member of the Appeal Panel's decision within 5 days of the appeal hearing.
11.14 Durham SU shall appoint an individual to take notes of the meetings of the Panel and the Appeals Panel and shall circulate the draft minutes to the Panel and Appeals Panel (as appropriate) for commenting and approval.
11.15 Subject to clause 11.16, the Appeal Panel's decision shall be final.
External validation of the process
11.16 If the relevant member remains dissatisfied with the decision and believes that the correct procedure has not been followed in reaching that decision then they must write, within 5 days of the date of the decision, to the Appeals Panel, setting out why they believe the correct procedure was not followed. An independent, external person, nominated by Durham SU Board of Trustees will then review the fairness (or otherwise) of the process and make recommendations to that Board of Trustees and the Committee on how to readdress that going forward. That independent external person may not, however, substitute an alternative outcome of the Appeals Panel.
12. DISSOLUTION
12.1 The Student Group may be wound up by a resolution of nine-tenths of those present in person or by proxy at a General Meeting called for that purpose provided that notice of the proposed dissolution is first provided to the Student Groups Committee and to the Durham SU Board of Trustees in good time before the General Meeting.
12.2 Any motion for dissolution of the Student Group shall provide that assets remaining after all liabilities have been met shall not be distributed amongst the members but instead paid to Durham SU for its general charitable purposes
12.3 The Student Group shall automatically be dissolved if it ceases to be registered or de-ratified by the Student Groups Committee.
APPENDIX 1 – ASSOCIATION’S STATEMENTS
All members of the association are expected to act in compliance with the following outlined statements. These statements are to be reviewed and re-ratified every year during the AGM.
1. Confidentiality Statement
In the event of the Association not having a current statement on confidentiality, the Executive Committee shall have responsibility for the proposal of a new statement as soon as possible, and if necessary its revision until such time as it is approved. The Executive Committee shall have a duty to propose renewal of current statement on confidentiality before it is due to lapse, and shall review the statement as necessary. The Executive Committee must promote the confidentiality statement on the Association website and any other relevant publication.
There shall be a statement of confidentiality available to all service-users of the Association and any Executive Officer who is taken into confidence in their official capacity should be aware of this.
The statement is to ensure that:
a. confidentiality is to mean that no information (written or verbal) which identifies the service-user (either directly or indirectly) shall be given to any third party, without the prior express consent from the service-user concerned to disclose such information; and
particular attention must be paid to the statement when dealing with confidential complaints; and
when there are occasions when it is believed a breach of confidentiality is essential, consideration of confidentiality breach may occur when there is a legal obligation to do so or if the service-user may seriously harm themselves or someone else. In this case confidentiality should only be breached if, to the best judgement of the confidante, someone else would prevent this from happening. Such a consideration must be made between those in an official welfare capacity, and the President of the Association. Options shall be discussed and appropriate action taken.
1.1 Records
Records shall be stored in keeping with Durham Students’ Union Data Protection Policy.
1.2 Post, e-mail and Mailing List
Access to post and e-mail sent to the Association, and to the list of addresses on the Association’s main mailing list, shall be given to the President, Vice President (Undergraduate Place), Vice President (Postgraduate Place), Welfare Officer, and Steering Officer only. The Executive Committee may extend access to the minimum number of other Executive Officers it deems necessary.
1.3 Publications
Names or photographs of service-users shall not appear in any material published by the Association (including its website) without their consent. Officers and any person who proposes any motion or stands in any election at a General Meeting may be assumed to have given consent for their name to be published in any format, unless the person specifically states otherwise. In the event of this person being an Officer or Officer-Elect of the Association then the Executive Committee has a duty to ensure that a suitable alternative format for the Officer’s identity is found that is commensurate with their duties.
2. Safe Space Statement
The Association will operate under the Safe Space Statement, including all socials, social media, and during campaigns and all other events held by the Association. A safe space shall be defined as somewhere where all individuals can, as far as is reasonably possible, feel comfortable and protected from anything that may threaten them and make them feel unsafe.
To promote and maintain safe spaces, the Executive Committee, Non-Executive Officers, and service-users should:
a. try to ensure that events are welcoming and inclusive for all individuals, including LGBT+ individuals and allies, extending to examples including language use (for example avoiding cisnormative or heteronormative phrases), holding events in accessible locations as much as possible, and providing gender neutral toilet facilities as much as possible; and
b. protect individuals from phobic, discriminatory, or hateful language and behaviour directed towards service-users, the Executive Committee, and Non-Executive Officers, including language or behaviour directed to an individual based on aspects of their identity, including but not limited to sexual orientation, romantic orientation, gender identity, or sexual characteristics, or race, religion, disability, class, or other minority or oppressed aspects of identity; and
c. protect individual identity by ensuring confidentiality as much as possible. The Executive Committee, Non-Executive Officers, and service-users must respect the rights of others to keep their identity confidential should they wish to. It shall be assumed that individuals do not wish to be publicly linked with the Association, and will therefore not link specific individuals to us without their prior consent. It shall also be assumed that individual’s identities are personal and should not be disclosed to others without consent. This includes:
i) Not posting anything on social media, including, but not limited to, websites, Facebook, Twitter, Instagram, or Snapchat, that links individuals specifically to the Association without gaining consent from the individual first. If the individual gives consent, but then later changes their mind, the post must be removed. In addition, no assumption shall be made that giving consent to one item means consent to all items.
ii) Not tolerating individuals who attempt to ‘out’ other service-users on our social media. This means that service-users are expected to not do anything that would connect other service-users to the Association without their consent. This includes, for example, tagging people in our events on Facebook where it can be publicly seen.
iii) Not ‘outing’ individuals’ specific identity without their consent in person at social events, for example, not telling others how another individual identifies unless they have given their consent to have their identity shared with others; and
iv) Not tolerate any other kind of harassment or bullying. This includes, but is not limited to:
a) Sexual harassment, including for example physically touching people without consent.
b) Undermining others identity, for example intentionally using incorrect pronouns or personally attacking others because of their identity.
c) Pressing individuals with unwanted, unnecessary personal questions about their identity.
d) Personal attacks, be that verbal or physical.
3. Complaints
Any complaints of breach of these statements are to follow the procedure as outlined in Section 11 of the Constitution.
You can also view our constitution here: https://drive.google.com/file/d/1rViFoz3dLENTSzqytIER8VqynLRZr8CR/view?usp=sharing