Student Group Governance FAQs

Friday 21-12-2018 - 14:07

At the last Assembly meeting, new governance documentation was not successfully passed by Assembly. We’re aware that there’s some confusion over the meaning of the content of the Student Group Constitution template and the Student Group Agreement (found in the Assembly papers here), and we have therefore created FAQs based on student feedback to help you successfully understand the documents. We have also provided an update on points where we are seeking legal guidance to see whether proposed amendments and concerns can legally be adopted.

Why are certain training sessions mandatory? [+]

Durham SU is responsible and liable for all its affiliated student groups. This means we are required to make sure all risks are adequately covered and one of the ways we do this is providing training for student groups.

There are three types of compulsory training: finance training is compulsory for each group’s treasurer to ensure that the group’s finances are responsibly managed and also to allow the group to apply for grants; health and safety training is compulsory for one member of each group’s committee to ensure that the group’s activities are appropriately risk assessed; and data protection training is compulsory for all secretaries due to the introduction of GDPR legislation.

The majority of the training we offer is optional, including the Student Group Training Academy which is run to empower you to get the most out of your time on your student group’s committee.

What is the difference between a breach of the constitution and a vote of no confidence? [+]

Breaches of the constitution happen when a member of the group or executive committee acts against the group’s constitution. It is a disciplinary rather than democratic matter. A vote of no confidence allows a group’s members to democratically decide whether or not a committee member is performing their duties satisfactorily.

What objects are being referred to in 6.3.5d of the Student Group Constitution and how do these affect groups? [+]

This clause is referring to the charitable objects of the Union (See section 9 of the Articles of Association), rather than the objectives of the Union’s Student Officers. This means student groups can still hold Officers to account in line with our charitable objects.

Why are development plans compulsory? [+]

Development plans are a great way for your committee to refine your ideas for the year, so that you can get the best out of your year in office. They’re compulsory to enable the opportunities team to effectively support you with your activities and to allow us to identify risks associated with your plans, which we can then help you address.

What are the third parties referred to in 10.2 of the Student Group Agreement? [+]

Durham SU needs to be aware of and approve any affiliations, sponsorships or contracts you have with external organisations. This is because student groups are affiliated with Durham SU, and therefore we are liable for your group’s activities and need to make sure any organisations you are working with don’t go against the charitable objects and aims of the SU.

Why can’t legal representatives accompany an individual during the complaints process? [+]

The complaints process carried out by Durham SU isn’t a legal process in the way a court process would be and as such we don’t allow legal representatives to attend.

Why isn’t the investigatory officer identified in the Student Group Constitution? [+]

It’s up to you to decide who the investigatory officer will be. Also, having a specified investigatory officer would add complications if a position is vacant or if there’s a conflict of interest.

What is a conflict of interest? [+]

A conflict of interest happens when a group member has the potential to act in their own interests rather than the interests of the group as a whole. Conflicts of interest may negatively affect a group and so should be declared by members. The member should then not participate in any votes relating to the issue.

Why are some parts of the Student Group Constitution in square brackets? [+]

The square brackets mean that these areas can be altered by the student group.

Why can’t we use acronyms in our student group’s constitution? [+]

Your group’s constitution is your official governing document and so should refer to your group’s full name. Feel free to use your acronym for purposes other than governance.

Why does the Student Group Constitution refer to supporting policies, but not include them? [+]

It’s not possible to include all the information surrounding individual processes in governance documents – the document would be just too big! Instead the Students’ Union has a separate complaints process and will be developing a new student group elections policy. This will be adapted from our existing Officer elections policy to ensure that all student group elections are fair and democratic.

How will members sign a declaration confirming they will comply with the constitution, rules, regulations and the laws of the land? [+]

From 1 August 2019, members will do this when they join the group on the Durham SU website.

What happens if a student group ceases to exist and life memberships are not yet expired? [+]

Governance and Grants Committee will be consulted for guidance on the reimbursement of any outstanding life memberships.

 

We have sought legal guidance and the amendments suggested have been changed and/or clarified in the following documents: 

Student Group Agreement

Student Group Constitution

Constitution:

9.3.2 Confirm these are kept by Durham SU and not individual Societies. - AMENDED

10.2 Can this clarify that Durham SU makes the decision delegated from the Board of Trustees - AMENDED

Student Group Agreement:

10.2 Can we add ‘e.g. sponsorship, affiliations, external contracts’. - AMENDED

Additionally we are seeking advice on combining the two documents with the Student Group Agreement being the overarching guidance for groups and the constitutions being reduced.

The two documents need to be kept separate as the purpose of them is different: 

- The Student Group Agreement sets out the relationship between Durham SU and the Student Groups as a whole. In other words, what each party expects to give to, and receive from, the other.

- The constitution sets out how a particular Student Group will work from a governance perspective e.g. who the officers are, how meetings will be run etc. Each Student Group will need to tailor the template to reflect its own internal workings (subject to the restrictions set out in the template and guidance note).

The following amendments have also been suggested at the last Assembly meeting and we will be seeking legal guidance on these also:

Who has the power to amend the Student Group Agreement and Model Constitution? Amend new SGA 12.1 to read ‘Durham Students' Union shall review the Student Group Agreement on an annual basis and may by a vote of Assembly and the Board make changes to it at any time, upon giving notice to the Student Groups. - AMENDED
Freedom to speak to the press. Amend new SGA 5.2.4 to read [Each student group will not]…‘Make statements or comments in or to the press on behalf of Durham SU, unless those statements or comments are pre-approved by Durham SU.’ - AMENDED
Restrictions on what you can call Exec members. Amend new SGA Appendix to read 6.1.3 “You should feel free to call your student group Committee members whatever you think it most appropriate and will help students understand their role – this might mean Chair is President, or General Editor, or Head of Committee. - This was the Constitution 6.1.1. Now AMENDED.
Ability of SU to attend meetings without notice or reason. Amend New Constitution 4.4 and 5.3 to read ‘The non-voting delegates from Societies 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. - AMENDED BOTH.

Categories:

Student Groups

Related Tags :

Student Groups, assembly, Student Group Agreement, Student Group Constitution, Student Group Governance,

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