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► Document G: Membership Committee
CODE OF PRACTICE
Section 1: Structure of Membership Committee
Section 2: Agenda for Membership Committee
Section 3: Bringing a student before Membership Committee
Section 4: Conduct of the case
Section 5: Decisions available to Membership Committee
Section 6: Setting the Penalty
Section 7: Publicising the outcome of the case
Section 8: Appealing against the decision of Membership Committee
Section 9: Confidentiality
Structure of Membership Committee
a) Membership
The membership of the committee shall be as defined in the Guild Constitution.
b) Chairperson
The Chairperson shall be the President of the Guild. The committee shall elect a vice-chair who shall be one of its student members at the first meeting of the academic year.
c) Secretary
The Secretary shall be chosen by the committee from its members and shall be responsible for the production of the agenda (if considered necessary) and the minutes. The President shall act as Secretary to the committee if no other member wishes to act as Secretary.
The Secretary shall also be responsible for the drafting and issue of all correspondence. The style of this correspondence shall be approved by the committee at the first meeting.
d) Absence of committee members
Any member unable to attend should inform the secretary as soon as possible
Section 2
Agenda for Membership Committee
a) Items on Agenda
APOLOGIES
APPROVAL OF LAST MINUTES
MATTERS ARISING
CHAIRPERSON'S RULINGS
CHAIRPERSON'S BUSINESS
CASES
ANY OTHER BUSINESS
TIME OF NEXT MEETING
The secretary will collect the incident book (from reception) and committee file.
b) Matters arising
In this section the secretary will hand out any public notices prepared as a result of the last meeting. This is done to approve the last meetings minutes.
c) Chairperson’s Rulings
The Chairperson will inform the committee of their actions on behalf of the committee since the previous meeting.
d) Chairperson's Business
The Chairperson will bring the committee up to date with all known information and details of the incidents being considered at the meeting.
d) Cases
The committee will consider and adjudicate the matters presented to it.
Bringing a student before Membership Committee
a) Initial authority
Authority for directing a student to appear before Membership Committee rests with the committee itself. In order to speed up the process, the Committee may delegate this authority to the Chairperson. The chairperson will report this as Chairperson’s rulings.
In cases where the Chairperson is unsure if a case falls within Membership Committee's jurisdiction, they shall normally leave the decision to the Committee.
The incident book shall be inspected regularly by the Committee and after weekend events by the President. The Code of Conduct for the Guild should be referred to when deciding whether or not to call a student.
b) Accountability and Signing In
If the person accused of an offence has been signed in then, where possible, they should be brought before the committee. Where this is not possible, the student who signed them in must be brought before the committee. Whilst mitigating circumstances must be taken into account, such as the student trying to prevent their guest from committing the offence, the student should be held responsible for the actions of their guest and should receive the appropriate penalty.
c) Contents of letter to student
If a case is to be heard then a standard letter (kept with the Executive Secretary) shall be sent as soon as possible directing attendance to the next meeting. The student must be given at least two days notice of a meeting.
The letter shall call the student to appear before Membership Committee. In addition to the appropriate Guild Policy, Code of Practice or Code of Conduct, the student must be notified:
Ø Briefly but clearly of the charge against them
Ø That witnesses may be called by either the student or by membership and their names shall be made available to all parties at least one day before the date of the meeting
Ø That where Membership Committee or the student wishes to call witnesses, witness statements should be prepared and submitted to the Chairperson in advance of the meeting. If prior warning is not given of the attendance of a witness it is to the Chairpersons discretion whether or not the witness shall be heard.
Ø That the student may choose to be accompanied or represented by another person whose name should be submitted to the Chairperson in advance of the meeting. If prior warning is not given of the attendance of a representative or accompanying person it is to the Chairpersons discretion whether or not the witness shall be heard.
Letters should be sent to private addresses (obtainable from Registry) if possible, else a departmental pigeon hole may be used. Each case should be considered individually to determine the quickest route. Letters should direct the student to report to the Executive Secretary before the appointed meeting, who will inform the Chair of the member's arrival.
d) Information available in advance of the meeting
Members of Membership Committee, the student, and any person accompanying or representing the student will have the following information available:
i. The charge against the student
ii. The appropriate Guild Policy, Code of Practice or Code of Conduct
iii. This Code of Practice
iv. The names of any witness to be called by the student or the committee
v. The name of any person accompanying or representing the student
Section 4
Conduct of the case (These procedures should be made known to all students involved in advance of all meetings of Membership Committee):
The case will be investigated as follows:
Order of interviews
The student will be present in the room for questioning of the witnesses.
Each witness will be called for questioning by the committee.
Each witness may then be questioned by the student before they leave.
The student will then be questioned by the committee and then leave.
Structure of questioning of witnesses
The chairperson will introduce the members of the committee.
The chairperson will explain the constitutional role of the committee.
The chairperson will read out the charge against the student.
The witness will be invited to present their version of events.
The witness may comment on their desired outcome and penalty of the case.
Structure of questioning of student
The chairperson will introduce the members of the committee.
The chairperson will explain the constitutional role of the committee.
The chairperson will read out the charge against the student.
The student will respond to the charge.
The student will be invited to present their version of events.
The student may make a plea of mitigation before leaving the room.
Deciding the outcome of the case and the penalty
The committee decides the guilt of the student
The committee decides the penalty to be applied
The student is called in to hear the outcome and penalty.
The student is informed of their right to appeal within seven days.
The chairperson and student sign paper stating the outcome and penalty.
The complainant may not wish to face the accused before, during or directly after the meeting. In these circumstances the Chairperson may arrange for each student to wait and enter the meeting room one after another so contact is not made.
Section 5
Decisions available to Membership Committee
Making a decision
The primary aim of the committee is to maintain the Guild as a safe place and to protect its members.
In order to make a decision each committee member should consider the following:
• Is the student’s version of events clear, full and believable?
• What other evidence exists and how reliable is it?
• What precedents are relevant?
• Where there any extenuating circumstances or provocation's?
The committee is not a court of law and does not require absolute proof. The decision therefore relies upon the committee's assessment of character and behaviour.
In the event of a committee member having prior knowledge of a student that is detrimental or biased in any form, this must be made known to the committee. If necessary the decision may be made while this member withdraws from the procedure.
The committee will make one of the following decisions:
Ø Not guilty
Ø Guilty
Not guilty
The student is innocent of the charge. No penalty shall be imposed.
Guilty
The student is guilty of the charge. A penalty may be imposed. The result will be publicised.
Section 6
Setting the Penalty
a) Available penalties
The Committee may impose one or more of the following penalties:
Ø Full building ban
Ø Partial building ban
Ø Signing-in ban
Ø Position of responsibility ban
Ø Payment for damage to Guild property
Ø Fine
Ø Guild community service
Ø Proposed vote of censure or no confidence
Ø Referral to University Disciplinary Committee
b) Bans
Building bans can include parts or all of the Building (e.g. bars, events, shop) for a maximum period of 3 months for a student, or life for a non-student. A signing-in ban suspends the student’s ability to sign-in guests to the Guild for the duration of the ban. A position of responsibility ban can include holding committee positions (although not Executive positions), society membership, key holding, driving etc.
c) Payment for damage to Guild property:
This shall be paid within the time limit set by the Committee. The individual should contact the Chair of the Committee (Guild President) once it has been paid.
d) Fine
A fine may be levied against individuals up to the maximum stated in the financial schedule. This should be levied in circumstances where property damage is not the issue, but the committee feels this is the most appropriate penalty. Any fines shall go to the Guild Emergency Loan fund.
e) Proposed vote of censure or no confidence
Membership Committee may propose a motion of censure or no confidence against an elected member at Guild Council.
f) Referral to the University Disciplinary Committee (UDC)
Referral should be considered if:
• The maximum penalty is inadequate.
• Where a fine is deemed appropriate above the maximum allowed by the financial schedule
• Where damage to University property is involved.
If the University decides to take no further action a student may be brought back for the Membership Committee if a decision needs to be made. Membership has the right to ban a student pending a university hearing.
g) Penalty Guidelines
The attitude of the student may be taken into account when deciding on the penalty. For example remorse, non interest etc.
The following recommendations are guidelines and can not possibly provide an exhaustive list of incidents or outcomes. The committee must exercise its discretion at all times. Penalties should not normally differ by more than two weeks from the guidelines.
Violence - 8 weeks base-line ban, to be moved up or down depending on circumstances i.e. self defence, aggravation.
Drugs - 8 weeks base-line ban, according to the type and amount of drug concerned. Note that suspected drug dealing is a police matter.
Theft - 6 weeks base-line ban, according to the details. Theft includes non-payment of debts owed to the Guild. Where this debt is one owed to Guild Emergency Loan Fund, referral to Membership Committee is at the discretion of the GEL Fund Monitors.
Damage - payment of cost of replacement, either full or in part and a ban (6 week base-line) depending on severity .
Breaking Guild Policy - 2 weeks base-line ban.
Suspension of Penalty
The penalty should not be applied until the seven-day period for appeal to the Executive Committee has expired. Students may ask for the penalty to come into force immediately. This has no bearing on their right to appeal. Once an appeal has been lodged, the penalty shall be suspended until the appeal has been decided.
Each penalty (except payment for damage to Guild property) may be suspended, conditional of the good behaviour of the student, for a maximum of one year.
Section 7
Publicising the outcome of the case
The following people shall be informed in writing of the outcome of the case:
Ø The accused
Ø The complainant
Ø Membership Committee
Ø Relevant Members of staff e.g. Reception, Guild Security, the Ents Officer
Ø The Editor of the Guild Journal
Ø Executive Committee
Ø Guild Council
If a student is found guilty, a notice informing all members of the penalty shall also be displayed on the Guild noticeboard for the duration of the penalty.
Section 8
Appealing the decision of Membership Committee
a) Grounds for Appeal
A student may appeal to the Executive Committee against the decision of Membership Committee and/or the penalty imposed on them. The student must make any appeal to the Guild Chairperson in writing within seven days of the Committee’s decision reaching the student.
Any of the parties whose original complaints resulted in the investigation of the case by Membership Committee may also appeal to the Executive Committee against the decision of Membership Committee and/or the penalty imposed on the student. They must appeal to the Guild Chairperson in writing within seven days of being informed of the Committee’s decision.
In the event of the Guild Chairperson wishing to appeal a decision of Membership Committee, they should write to the Guild Vice-Chairperson.
b) Date of Appeal
The appeal should normally be held at the next meeting of the Executive Committee. If the next meeting is scheduled to be an “informal” meeting, the appeal should normally take place regardless of that fact and that part of the meeting should be treated as a formal meeting. The appeal shall be the first item on the agenda and need not be tabled before the close of the formal agenda.
When the date of the appeal has been set, the Guild Chairperson should write to the student, Membership Committee, Executive Committee and the original complainants, informing them of:
Ø the date of the appeal
Ø the relevant minutes of Membership Committee
Ø the right of the student to bring a representative to the appeal
Ø the rights of the student and Membership Committee to call witnesses to the appeal.
c) Composition of Executive Committee hearing the appeal
The appeal shall be heard by the Executive Committee. No member of the Executive Committee who has been directly involved in the case (e.g. sat on Membership Committee) shall attend the meeting unless they have been asked to speak on behalf of the student or Membership Committee or were a witness to the original incident. Members of the executive Committee have the right to ask not to take part in the appeal for personal reasons. The chairperson of the meeting will decide whether to accept the withdrawal.
Quorum for the meeting will be according to Constitutional Regulation 5.6.1 (Document D) that is 50%+1 of occupied positions during term time. During the vacations, quorum shall be three members.
d) Conduct of the Appeal
i. The student, their representative and a representative from Membership Committee will be introduced to the Executive Committee.
ii. The chairperson will explain the circumstances of the appeal i.e. the names of the individuals concerned, dates and times of the alleged incidents, the charge against the student and the decision of and penalty imposed by Membership Committee.
iii. The representative from Membership Committee will then explain their understanding of the case, the relevant facts and the reasons for the decision and penalty.
iv. Members of the Executive Committee may then ask the representative of Membership Committee questions.
v. The student or their representative may then ask the representative of Membership Committee questions.
vi. The student Committee will then explain their understanding of the case, the relevant facts and the reasons for appealing the decision and/or penalty.
vii. Members of the Executive Committee may then ask student or their representative questions.
viii. The representative of Membership Committee may then ask the student or their representative questions.
ix. If the student or the representative of Membership Committee have called witnesses, the witnesses should be questioned in turn by the student or their representative, the representative of Membership Committee and the Executive Committee.
x. All non-members of the Executive Committee shall then be asked to leave while the committee makes its decision. The discussion will be chaired by the chairperson. The committee will vote to reach an outcome.
xi. All interested parties shall then be called back to hear the decision on the outcome of the appeal.
e) Outcomes of the Appeal
The Executive Committee may make one of the following decisions:
Ø To reject the appeal and uphold the decision and penalty imposed by Membership Committee
Ø To accept the appeal, uphold the decision of Membership Committee but impose a new penalty.
Ø To accept the appeal and change the decision of Membership Committee. This may or may not mean imposing a new penalty.
The Executive Committee may impose a penalty that is less than, greater than, the same as, or of a different nature to the original penalty imposed by Membership Committee.
Any penalty shall come into force immediately after the meeting of the Executive Committee.
f) Publicising the result of the Appeal
The following people shall be informed in writing of the outcome of the appeal:
Ø The accused
Ø The complainant
Ø Membership Committee
Ø Relevant Members of staff e.g. Reception, Guild Security, the Ents Officer
Ø The Editor of the Guild Journal
Ø Executive Committee
Ø Guild Council
If a student is found guilty, a notice informing all members of the penalty shall also be displayed on the Guild noticeboard for the duration of the penalty.
Section 9
Confidentiality
As a rule all membership matters are completely confidential unless the committee feels there is a serious reason why the penalty notice should contain any relevant details of the offence. The penalty notice should ordinarily contain the name, type of offence and penalty imposed.
Members of Membership Committee or Executive Committee found to be indiscriminately or maliciously discussing cases are punishable by Guild Council (as elected officers).
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