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constitution/constitution.md
conradcollins 0432027d13
Updating constitution to reflect current state of the society 
These changes are not final and should be voted on at a general meeting
2020-10-12 21:10:33 +01:00

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> University of Limerick Computer Society
Constitution
April 2013
**Contents**
[**I The Constitution** **5**](#the-constitution)
[**1 Constitution** **5**](#constitution)
[**2 General Provisions** **5**](#general-provisions)
[2.1 Title 5](#title)
[2.2 Affiliation 5](#affiliation)
[2.3 Aims & Objectives 5](#aims-objectives)
[**3 Membership** **6**](#membership)
[3.1 Types of Membership 6](#types-of-membership)
[3.2 Membership Fees and Term 7](#membership-fees-and-term)
[3.3 Resignation of Members 8](#resignation-of-members)
[**4 The Committee** **8**](#the-committee)
[4.1 Composition 8](#composition)
[4.2 Election of Officers 11](#election-of-officers)
[4.3 Resignation of Officers 11](#resignation-of-officers)
[4.4 Retirement of Officers 11](#retirement-of-officers)
[4.5 Vacancies on the Committee 11](#vacancies-on-the-committee)
[4.6 Sub-Committees 11](#sub-committees)
[4.7 Handover Documents 12](#handover-documents)
[**5 Meetings** **12**](#meetings)
[5.1 General Meetings 12](#general-meetings)
[5.2 Voting at General Meetings 13](#voting-at-general-meetings)
[5.3 Quorum at Meetings 14](#quorum-at-meetings)
[5.4 Committee Meetings 15](#committee-meetings)
[**6 Health and Safety** **15**](#health-and-safety)
[6.1 Health & Safety 15](#health-safety)
[6.2 Health & Safety Statement 16](#health-safety-statement)
[6.3 Foreign Trips 16](#foreign-trips)
[**7 Disciplinary Action** **17**](#disciplinary-action)
[**8 Financial Matters** **18**](#financial-matters)
[8.1 Funds 18](#funds)
[8.2 Bank Accounts 18](#bank-accounts)
[**9 Equipment** **19**](#equipment)
[9.1 Equipment Policy 19](#equipment-policy)
[**10 Computing Cluster** **20**](#computing-cluster)
[10.1 Skynet 20](#skynet)
[10.2 Cluster Administration 20](#cluster-administration)
[10.3 Skynet Accounts 22](#skynet-accounts)
[10.4 Acceptable Usage Policy 23](#acceptable-usage-policy)
[**11 Legal Protocol** **23**](#legal-protocol)
[**12 Interpretation** **23**](#interpretation)
[12.1 Interpretation of the Constitution
23](#interpretation-of-the-constitution)
[**13 Privileges Tribunal** **24**](#privileges-tribunal)
[13.1 Purpose 24](#purpose)
[13.2 Scope 24](#scope)
[13.3 Membership 24](#membership-1)
[13.4 Conflict of Interest 24](#conflict-of-interest)
[**II Schedules** **25**](#schedules)
[**14 Initiation of Disciplinary Action**
**25**](#initiation-of-disciplinary-action)
[14.1 Breaches of Discipline 25](#breaches-of-discipline)
[14.2 Procedure 25](#procedure)
[**15 Grievance Procedure** **27**](#grievance-procedure)
[**16 Bullying & Harassment Procedures**
**28**](#bullying-harassment-procedures)
[16.1 Informal Procedure 28](#informal-procedure)
[16.2 Formal Procedure 29](#formal-procedure)
[16.3 Appeals Process 30](#appeals-process)
[16.4 Confidentiality 31](#confidentiality)
[**17 Legal Protocol** **31**](#legal-protocol-1)
[17.1 Step 1 31](#step-1)
[17.2 Step 2 32](#step-2)
[17.3 Step 3 32](#step-3)
[17.4 Step 4 32](#step-4)
**Part I**
The Constitution
================
1 Constitution
==============
The Constitution is ratified by the University of Limerick Computer
Society ("the Society") and replaces any previous constitution of the
Society.
The constitution is available to all members of the society.
2 General Provisions
====================
### 2.1 Title
The title of the Society shall be the University of Limerick Computer
Society.
### 2.2 Affiliation
The Society does not affiliate with any national or international
organisation.
### 2.3 Parent Organisation
UL C&S is the parent organisation of the Society. All rules and regulations made by UL C&S supersedes the society’s rules.
### 2.4 Governing Body
The governing body of the society is the Board of Irish College Societies (BICS).
## 2.4 Skynet
Skynet is a child organisation of the Society. Skynet may layout its own rules and regulations but must still comply with all of the society’s rules and regulations. It is necessary to be a member of the society to be a member of Skynet. Skynet as an entity is discussed further in section 10.
### 2.5 Aims & Objectives
To promote the use and enjoyment of computers and technology within the University, by all students including those for whom it is not an academic requirement. To lower the bar of entry into the world of computing. To create a social space and channels for technology enthusiasts.
To this end we shall employ the use of the computing skills, knowledge and resources of the society, computer-based information services, combining both the practical and the entertaining, to bring technology to the masses.
3 Membership
============
### 3.1 Types of Membership
The membership of the Society shall consist of Full Members, Associate
Members, Multi-year members and Honorary Members who have paid their Membership Fee.
Current students should account for at least 75% of the listed
membership of the Society.
#### 3.1.1 Full Members
**3.1.1.1** All students currently attending a course a the University
of Limerick and all current staff \[permanent and part-time\] and alumni
of the University of Limerick and UL Students' Union are eligible to be
Full Members of the Society. Attending a course for the purpose of the
Constitution means pursuing any degree (undergraduate or postgraduate),
full-time or part-time and includes time spent on teaching practice,
co-operative education, Erasmus and link-in modules.
**3.1.1.2** Anyone who is a Full Member of the Society shall be entitled
to be nominated to any position on the Committee or to any other
committee of the Society. However, it is generally recommended that an experienced member of the society shall take on Core Committee Positions for the preservation of institutional knowledge.
**3.1.1.3** Full Members and Full Members only, shall have voting rights
at any general meeting of the Society.
#### 3.1.2 Associate Members
**3.1.2.1** A member of the public who is aged eighteen years or over is
eligible to be an Associate Member of the Society.
**3.1.2.2** Associate Members shall have no voting rights at any meeting
of the Society and may not hold a Core Committee Position in the
Society.
**3.1.2.3** Associate Members shall be entitled to hold other committee
positions in accordance with the provisions of section 4.2 or may be
requested by the Society to serve in an advisory position to a
committee.
#### 3.1.3 Honorary Members
**3.1.3.1** The Committee of the Society may, subject to prior
consultation with and approval of the Clubs & Societies Executive,
invite any person who they deem to have done great service for the
Society to be an Honorary Member in perpetuity of the Society.
**3.1.3.2** Honorary Members shall have the same rights as Associate
Members, unless they fulfil the criteria for full membership in which
case they shall have the same rights as a Full Member.
**3.1.3.3** Notwithstanding clause 3.2.1 below, Honorary Members shall
be exempt from paying any Membership Fee.
### 3.1.4 Multi-year members
Multi-year members are members that may join the society and pay a set fee for a number of years. Multi-year members are alumni of the society that wish to keep their Skynet account. Multi-year members do not have the same priveledges as full members in that they may not attend Computer Society trips and may not vote at General Meetings.
### 3.2 Membership Fees and Term
#### 3.2.1
Every member of the Society must pay an annual membership fee in order to be eligible to be a current member of the Society, as well as registering on wolves.ie.
#### 3.2.2
There are four categories of Membership Fees as follows:
> 1\. **Student** 5€
> 2\. **Alumni and Staff of UL** 10 €
> 3\. **Associates** 30 €
> 4\. **Multi-year Members** 40 € (for 5 years)
##### 3.2.3
The term of membership shall be from the date that the member signs the
membership book or completes the electronic form until the Monday of
Week One of Semester One of the following academic year.
### 3.3 Resignation of Members
Any member who wishes to resign must do so by giving the Secretary at
least fourteen (14) days written notice (which includes notice by email)
of their intention to do so.
4 The Committee
===============
The Committee shall manage the business and affairs of the Society.
### 4.1 Composition
The Committee shall be elected solely from the membership of the
Society.
The Committee shall be composed of the following officers:
1. President
2. Secretary
3. Treasurer
4. Safety Officer
5. Public Relations Officer
6. Senior Systems' Administrator
7. Other Officers
8. Advisors
of whom the President, the Secretary and the Treasurer are Core
Committee Positions.
**4.1.1 The President**
The President's duties shall include the day-to-day management of the
Society.
#### 4.1.2 The Secretary
The Secretary's duties shall include the maintenance of all necessary
documentation including the Minutes of all general meetings and
committee meetings, and will be responsible for the Handover Documents
for the incoming Committee. The Secretary shall be responsible for
routine communications within the Committee.
#### 4.1.3 The Treasurer
The Treasurer's duties shall include the maintenance of the Society's
accounts and the Society's budget submission.
#### 4.1.4 The Safety Officer
The Safety Officer's duties shall be to ensure that the Society's Safety
Statement is relevant and achievable, that the Society ensures good
safety records are kept and that the Society complies with its Safety
Statement.
#### 4.1.5 The Public Relations Officers
There shall be one or two Public Relations Officers (PRO), at the discretion of the current committee. The PROs shall be responsible for the advertising and promotion of the society. The publicising of events shall be aimed at the university community as well as the wider community. It is incumbent upon the PROs to report to the UL media and newspapers, to local and, where appropriate, national press. The PROs are responsible for the creation of content for and managing our social media accounts and communication to our members.
#### 4.1.6 The Senior Systems' Administrator
The Senior Systems' Administrator shall represent the Systems'
Administration team of the Skynet Cluster ("**Skynet**") and their
interests on the committee. He/she shall also be responsible for
conveying committee decisions to the other members of the Systems'
Administration team. Any individual proposed for this role [must]{.ul}
be an existing member of the Systems' Administration Team.
#### 4.1.7 Other Officers
The Society may appoint other officers at the discretion of the Committee. Any such additional officers are not permanent officials of the Committee and need not be appointed every year, nor replaced if the position should become vacant for any reason. It is the duty of the committee to appoint and resign officers but may take it to a vote at a general meeting under section 4.2.
Some suggested officer positions are:
- Events Officer
- Equipment Officer
- Programming and Technology Officer
- First Year Representative
### 4.1.8 Advisors
Advisors are previous committee members or other society members that have knowledge of the society. Advisors aim to help the committee accomplish their goals and pass on knowledge. Advisors shall not have a vote on the committee.
### 4.2 Election of Officers
Subject to section 4.5, officers shall be elected at the relevant AGM
(Annual General Meeting) in accordance with the provisions of section
5.2
### 4.3 Resignation of Officers
Officers may resign by giving one week's written notice to the
Secretary, or in the case of the Secretary, to the Chairperson.
### 4.4 Retirement of Officers
All officers shall retire at the AGM immediately prior to the election
of the new Committee and that Committee for the following year shall be
elected in accordance with the provisions of section 5.2.
### 4.5 Vacancies on the Committee
In the case of a vacancy on the Committee due to resignation or
expulsion as per section 7 of an officer or for any other reason, the
Committee shall have the power to co-opt any Member to the Committee
until the next general meeting (be it an EGM or an AGM), at which a new
officer will be appointed in accordance with section 5.2.
### 4.6 Sub-Committees
The Committee may appoint and dismiss sub-committees from the Society
membership and prescribe rules for those sub-committees as appropriate.
Sub-committees will retire annually on the date of the relevant AGM, or
when their function is complete, whichever is the sooner.
### 4.7 Handover Documents
Each officer of the Committee must present Handover Documents at the end of the academic year detailing the specific roles and responsibilities and the person(s) with whom they conducted the business of the Society in order to assist the incoming officers with their development of the Society.
5 Meetings
==========
### 5.1 General Meetings
(Annual General Meeting (AGM) & Extraordinary General Meetings (EGM))
#### 5.1.1
The Committee shall give fourteen (14) days' notice of any general
meeting to all members along with a call for any submissions and motions
to be submitted to the Committee in writing six (6) days in advance of
the general meeting.
#### 5.1.2
Members shall be notified of general meetings in writing through at least two media (text/email/posters/social-media/other reasonable form of communication).
#### 5.1.3
The agenda for the general meeting including submissions and motions is
to be circulated to Full Members five (5) days in advance of the
meeting.
#### 5.1.4
An EGM must be convened at the request of fifteen (15) or more Full Members in writing to the Chairperson clearly stating the purpose for that meeting. The EGM will be held no later than fourteen (14) days of receipt of the written request. The Clubs and Societies Executive (CSE) must also be made aware of this request by a member of the Core Committee. The committee may also be called as a result of a committee vote.
#### 5.1.5
The CSE must be notified of all general meetings by a member of the Core
Committee.
### 5.2 Voting at General Meetings
#### 5.2.1
Voting shall be by show of hands unless otherwise determined in a vote
of the **meeting**.
**5.2.2**
Each Full Member shall have one vote at any general meeting.
#### 5.2.3
Motions and resolutions must be passed by a simple majority of those
Full Members present at the meeting.
#### 5.2.4
Elections to the roles of officers of the Committee shall be by simple
majority vote of those Full Members present at the meeting.
#### 5.2.5
All nominations for each committee position require a Proposer and
separate Seconder from the membership. Any Member may nominate
themselves at the meeting for election as an officer of the Society
Committee. Officers who have immediately prior resigned pursuant to
Clause 4.4 are eligible for re-election (unless they have become
ineligible for any other reason).
#### 5.2.6
In the event of an equality of votes, the Chairperson shall have a
second casting vote in addition to the vote to which he or she may in
any case be entitled.
#### 5.2.7
In the event of a conflict of interest for the Chairperson, they must
vacate the Chair and another Chairperson must be appointed by a vote of
the members present for the duration that the conflict persists.
#### 5.2.8
At an AGM, the outgoing committee shall present for approval to the
meeting the financial accounts of the Society for the year ending at
that AGM.
### 5.3 Quorum at Meetings
#### 5.3.1
The quorum shall be fifteen (15) Full Members, excluding Core Committee
members, up to a one hundred (100) person membership. If the membership
of the Society shall exceed one hundred (100), then the quorum shall be
five (5) additional members and an additional five (5) per one hundred
(100) increases in membership thereafter, up to a maximum membership of
five hundred (500).
#### 5.3.2
If the quorum is not reached at a general meeting the meeting cannot
proceed, but must be reconvened within one week.
#### 5.3.3
If the Society fails to reach quorum at the reconvened general meeting,
it will be put forward for de-recognition at the next CSC.
### 5.4 Committee Meetings
The Committee shall meet at least six (6) times per academic year with
at least two (2) meetings being held in each semester. Subject to the
rules of this Constitution, the Committee shall determine its own quorum
on election, and shall regulate its own procedures. The Secretary shall
give at least four (4) days' written notice of any committee meetings.
6 Health and Safety
===================
### 6.1 Health & Safety
The Committee and the members of the Society will at all times do their
utmost to comply with the Health & Safety Statement of the Society to
ensure any planned activities are safe to participate in and that
members do not engage in behaviour likely to cause harm.
### 6.2 Health & Safety Statement
#### 6.2.1
The Society must have a Health & Safety Statement. This must follow the
template provided by the Health & Safety Consultants for Clubs &
Societies. This will be available on the Clubs and Societies website.
#### 6.2.2
The Health & Safety Statement must be reviewed annually by the Committee
to ensure it remains relevant to the Society's activities and is
compliant with any legislative changes or directives issued by a
governing body.
#### 6.2.3
The Committee will inform its members of their obligations under the
terms of the Health & Safety Statement. This should be undertaken at a
general meeting and per event/trip briefing.
### 6.3 Foreign Trips
#### 6.3.1
If any member intends to make a foreign trip on Society business, they must inform the Clubs and Societies Office.
#### 6.3.2
An itinerary must be furnished to [the parties in 6.3.1] in advance of all trips outside of the island of Ireland. The itinerary must include:
1. Flight/Ferry information, and accommodation phone numbers and a daily schedule of the planned activities.
2. The contact details of the event coordinators while abroad and the person/people designated to be responsible for First Aid (where possible).
3. In Case of Emergency (ICE) contact details must be provided by every participant to the event coordinators, and provided to the C&S Office at least a week in advance of the planned trip.
4. Any other information requested by the C&S office.
#### 6.3.3
The member must take the Clubs and Societies Travel Insurance Policy Number on any trip, which is available from the C&S Office in advance of the trip.
#### 6.3.4
In accordance with the Health & Safety Statement, the contact details for the Clubs and Societies Office must be provided to the event coordinators.
7 Disciplinary Action
=====================
The Committee and members of the Society shall comply with the
disciplinary, grievance, bullying and harassment procedures of the Clubs
& Societies Executive as may be amended from time to time.
8 Financial Matters
===================
### 8.1 Funds
#### 8.1.1
All funds raised by the Society must be used for the express purpose of the promotion and development of Clubs & Societies activities under the auspices of the UL Student Life except in the case of funds raised by a charity event.
#### 8.1.2
In the event of de-recognition of the Society, any funds remaining shall
revert to the Clubs & Societies to be administered by the CSE.
### 8.2 Bank Accounts
#### 8.2.1
All accounts operated by the Society must be made known to the CSE in
the annual budget.
#### 8.2.2
At least three (3) officers of the Committee, of which one must be the
Treasurer, shall be nominated as signatories on the Bank Mandate for the
Society's accounts, and at least two (2) officers of which one must be
the Treasurer, is required to sign off on all transactions.
9 Equipment
===========
### 9.1 Equipment Policy
#### 9.1.1
Equipment owned by the Society shall be used solely for the purposes of
the Society in accordance with this constitution and shall be held and
dealt with by the officers and members of the Society accordingly.
#### 9.1.2
In the event that the Society is de-recognised the ownership of all
equipment/inventory shall be transferred back to the Clubs and Societies
of the University of Limerick Students Union under the management of
CSE. This equipment will be held in trust until the Society is
re-started or a similar interest club/society that may benefit from the
use of such equipment (as decided by the CSE). In the alternative, it
may be decided by the CSE to sell off all such assets and return all
proceeds to the Special Events Fund or Annual Budget of Clubs and
Societies as appropriate
#### 9.1.3
In the event of de-recognition, all officers of the Committee of the
Society must ensure that all equipment is returned to the CSE without
delay complete with keys for storage and location where necessary.
#### 9.1.4
The Committee of the Society is responsible for keeping a record of all
assets controlled by the Society and for the storage and maintenance of
any equipment and for keeping records of the maintenance, which shall be
available to the Clubs and Societies Executive committee on request.
**9.1.5**
The Committee is charged with the welfare and transfer of all such
equipment.
#### 9.1.6
The CSE shall be the arbitrators of all aspects of the Clubs & Societies
Equipment Policy.
### 9.1.7
The society may loan equipment to trusted members of the society if it is thought to be useful to development of the society, at the discretion of the current committee. A record of any loans must be kept by the committee and at least two members of the core committee must be aware of the loan.
### 9.1.8
The society may loan equipment to other UL Clubs/Societies if it is deemed useful to the development of the Club/Society. A record of any loans must be kept by the committee and at least two members of the core committee must be aware of the loan.
10 Computing Cluster
====================
### 10.1 Skynet
Skynet, The Skynet Project and the Computer Society Network refer to the
computer equipment, services and related infrastructure of The Computer
Society.
### 10.2 Cluster Administration
**10.2.1**
Skynet is maintained and administered by the Systems' Administration
Team.
#### 10.2.2
The Systems' Administration Team shall be led by a Senior Systems'
Administrator who shall be elected to the committee as per 4.1.6.
**10.2.3**
Membership of the Administration Team is decided by the Administration
Team.
#### 10.2.4
All candidate administrators must be full members of the society and in
good standing with the society.
#### 10.2.5
Members of the Administration Team are subject to the same rules
regarding Privilege as regular system users.
#### 10.2.6
The Systems' Administration Team may take whatever steps they deem
necessary to ensure the stability and security of the Skynet Cluster and
to ensure compliance with relevant regulations, policies and laws.
**10.2.6.1** Any action taken should be the minimum needed to correct
the immediate issue.
**10.2.6.2** Any such actions should be reported to the Committee for
discussion of disciplinary issues that may arise
#### 10.2.7
Where a member of the Systems' Administration Team is the subject of a
pending disciplinary action, their administrative privileges shall be
revoked pending the outcome of the disciplinary action.
### 10.3 Skynet Accounts
#### 10.3.1
Accounts on the Skynet cluster are available to:
1. Full Members of the Society
2. Honorary Members of the Society
3. Clubs & Societies of the University of Limerick
#### 10.3.2
The authority to grant user accounts to any individual rests with the
Committee of the Society.
#### 10.3.3
A user account may only be revoked at the direction of the Committee of
the
Society
#### 10.3.4
Where an individual is expelled from the Society, their account will be
automatically removed.
#### 10.3.5
In the case where a user account is to be revoked, the user will be
given a suitable opportunity to recover personal data from their
account.
### 10.4 Acceptable Usage Policy
All account holders on the Skynet Cluster are obliged to abide by the
following Acceptable Usage Policies ("**AUP**") in the given order or
precedence:
1. HEANet AUP
2. UL Information Technology Division Code of Conduct
3. Skynet AUP
The Committee shall make copies of these documents available on request.
11 Legal Protocol
=================
The Society shall comply with the Clubs and Societies Executive Club and
Society Protocol in Legal Proceedings, a copy of which is attached as a
schedule to this Constitution.
### 11.1 Data Privacy
The Committee shall do the utmost to comply with the General Data Protection Regulation and any other relevant data privacy regulations. Data protection of our members is of extreme importance to the society. The society aims to protect any personal data held on the Skynet cluster or elsewhere in the society’s possession.
12 Interpretation
=================
### 12.1 Interpretation of the Constitution
Where a dispute arises as to the meaning of this Constitution or a
dispute as to a conflict between this Constitution and the Constitution
of the University of Limerick Students' Union, then the dispute shall be
referred to an arbitrator to be appointed by the President of the
University of Limerick Students' Union and the arbitrator's decision is
final.
13 Privileges Tribunal
======================
### 13.1 Purpose
The tribunal shall be responsible for determining the degree of
privileges that Skynet accounts have. When deciding privileges, the
tribunal has the power to revoke accounts in cases of serious offences,
used at its own discretion. The tribunal's decision is final.
### 13.2 Scope
The tribunal will only deal with breaches of the AUP or other issues
related to the safe and smooth running of the Skynet Cluster
**13.2.1**
Society disciplinary issues will be dealt with as outlined in Section 7.
#### 13.2.2
The Privileges Tribunal may refer a case for further disciplinary action
in cases where a user's actions fall under the provisions of Section 7.
### 13.3 Membership
The Tribunal shall consist of the elected committee plus two Systems'
Administrators.
### 13.4 Conflict of Interest
Where a member of the Tribunal faces a conflict of interest, they shall
declare this conflict of interest and excuse themselves from the
Tribunal for that sitting.
**Part II**
Schedules
=========
14 Initiation of Disciplinary Action
====================================
### 14.1 Breaches of Discipline
The following constitute breaches of discipline:
1. Serious or persistent breach of Health and Safety.
2. Bringing the name of the Society/Club into disrepute.
3. Acting against the aims and/or objectives of the Society/Club
4. Misappropriation of any funding relating to the Society/Club5.
Discrimination & Harassment as defined in the Equal Status Act 2000
> 6\. Gross misconduct by any member.
### 14.2 Procedure
1. All complaints relating to alleged breaches of discipline shall be
made inwriting (including email) to a member of the Core Committee
and to the CSE in reasonable proximity to the date of the matter
giving rise to the complaint. The member of the Core Committee shall
submit that written complaint to the Committee, whose decision,
subject to the provisions of this rule, shall be final and binding.
2. On being advised of a complaint of an alleged breach of discipline
and beingof the opinion that the matter is of a sufficiently serious
nature, the Committee, acting with all reasonable haste, shall
appoint a sub-committee (as per section 4.6), comprising of five
full members to deal with and adjudicate upon the complaint. (For
the purposes of section 7, the sub-committee dealing with the
complaint is hereinafter termed "the Discipline Committee".)
3. A written notice of a date, time and place of the meeting of the
DisciplineCommittee at which such matters are to be considered and
the nature of the complaints shall be given to the member concerned
at least fourteen (14) days prior to the meeting.
4. The member shall be entitled to attend at such meeting and shall be
affordedthe opportunity to respond to the complaints
5. The quorum for a meeting of the Discipline Committee shall be three
(3). Voting shall be by secret ballot, and the elected Chairperson
of the Discipline Committee shall be entitled to vote and not have a
casting vote. A majority of those present and voting shall be
required to find a member in breach of discipline. The Discipline
Committee shall have power to caution, discipline, and sanction such
member in such manner as it considers appropriate, or to suspend the
member's membership for such period as it considers appropriate, or
to expel the member from membership of the Society/Club or of any
committee thereof, or to impose such condition on members continued
membership as the Discipline Committee considers appropriate.
6. During a period of suspension, a member shall be denied all rights
and privileges of membership. In the event of suspension or
expulsion the member shall not be entitled to a refund of the whole
or any part of the Membership Fee for the year(s) in which a
suspension or expulsion occurs, and any Membership Fee falling due
within the period of suspension shall remain due and payable.
7. A member desiring to appeal against the finding of the Discipline
Committee and/or against the sanction imposed may within
fourteen (14) days of the decision request the CSE to consider the
appeal. Such request must be made in writing. Upon the receipt of
such an appeal the CSE shall appoint one if its members to hear the
appeal, who will request written submissions from both the
Discipline Committee and the member lodging the appeal and shall
make their decisions based on those written submissions. In
exceptional circumstances the CSE appointee may (at his or her sole
discretion) convene a meeting with either or both of the Discipline
Committee and/or the appellant, either alone or together.
8. In the event that a finding by the Discipline Committee of a breach
of discipline is upheld, or in the event of an appeal against
severity of sanction only, the CSE shall, inter alia, have power to
reduce or increase the sanction.
9. Pending the decision of the CSE, the sanction imposed by the
DisciplineCommittee shall not take effect.
10. The decision of the CSE shall be final and binding.
15 Grievance Procedure
======================
The Clubs and Societies are voluntary social, recreational and leisure
clubs who run activities for students and staff of the University of
Limerick to enjoy in their leisure time. In this regard, we would hope
that Club & Society members will get along with each other without any
grievances arising. However, we do understand that from time to time,
grievances caused by misunderstanding, disagreement or general
dissatisfaction may occur among Club members. Full recognition is given
to the significance of personal grievances and it is our policy that all
grievances will be dealt without undue delay and resolved at the
earliest possible stage
1. In the first instance, it is expected that any Club member with a
grievancewill attempt to resolve it informally by speaking with the
individual(s) concerned in an attempt to resolve the issue amicably.
If a resolution is agreed at this stage, both members involved
should agree to put the issue behind them for the good of the
Club/Society.
2. If the member experiencing the grievance does not feel confident in
approaching the individual(s) concerned, they should speak to a
member of the Club/Society committee and explain their grievance to
them. The committee member should facilitate a meeting between the
member and the individual concerned with a view to resolving the
grievance as quickly and amicably as possible. This meeting should
take place within five days of the member raising the grievance.
3. If there is no agreement at this stage, the member experiencing the
grievance should submit their grievance in writing to the Club
committee. The committee should appoint two members of the committee
to investigate the grievance within five days of receiving the
grievance. The investigation should be done through meeting both
parties involved in the grievance and any other person who the two
members consider appropriate. Minutes should be taken at the meeting
and a report of the findings prepared. A decision should be made by
the two members as to what the outcome of the grievance is. This
information should then be presented to both parties of the
grievance. Those investigating the grievance should aim to resolve
the grievance within ten days of receiving the grievance.
4. If either party is unhappy with the outcome of the investigation
into thegrievance, they should appeal the decision to the Clubs and
Societies Executive Committee outlining the reasons for the appeal
within seven working days of receiving the outcome of the grievance.
The Clubs and Societies Executive Committee should appoint two
members to hear the appeal meeting within five days of receiving the
appeal. An investigatory meeting should take place if necessary and
a decision made within ten days of receiving the appeal.
5. It is expected that at any stage at which resolution is achieved
that themembers will agree to work together in harmony for the sake
of the other members of the Club.
16 Bullying & Harassment Procedures
===================================
There is both an informal and formal procedure to deal with the issue of
bullying/harassment within the clubs. It is our aim that any
investigation that takes place will be completed as quickly as possible.
### 16.1 Informal Procedure
It is often preferable for all concerned that complaints of bullying or
harassment are dealt with informally whenever possible. While in no way
diminishing the issue or the effects on individuals, an informal
approach can often resolve matters more effectively. As a general rule
therefore, an attempt should be made to address an allegation of
bullying/harassment as informally as possible by means of an agreed
informal procedure. The objective of this approach is to resolve the
difficulty quickly and effectively, with the minimum of conflict and
stress for the individuals.
Any member who believes he or she is being bullied/harassed should
explain clearly to the alleged perpetrator(s) that the behaviour in
question is unacceptable. In circumstances where the member finds it
difficult to approach the alleged perpetrator(s) directly, he or she
should seek help and advice, on a strictly confidential basis, from a
fellow member of the Club. The fellow club member can be a support for
the complainant in approaching the alleged perpetrator to explain the
reasons they feel they are being bullied or harassed.
It is recognised that it may not always be practical to use the informal
procedure, particularly where the harassment/bullying is of a very
serious nature.
### 16.2 Formal Procedure
If an informal approach is inappropriate or if, after the informal
stage, the bullying/harassment persist, the following formal procedures
should be invoked:
1. The complainant should make a formal complaint, in writing, to the
Clubcommittee detailing precise details of actual incidents of
bullying/harassment; for example, state the name of the alleged
perpetrator, the nature of the complaint, dates and times of when
the incidents occurred, witnesses, and any action that the
complainant may already have taken, if any.
2. The alleged perpetrator(s) should be notified in writing that an
allegationof bullying has been made against them. They should be
given a copy of the complainant's statement as soon as is
practicable and advised that they shall be afforded a fair
opportunity to respond to the allegation(s), within specified time
limits. No outcome regarding the complaint will be made until a full
and fair investigation has taken place.
3. Before commencing an investigation, the Club committee may take the
decision to exclude the alleged perpetrator from any Club activities
while the investigation is ongoing if it is deemed appropriate. This
in no way implies any wrong doing on the part of the perpetrator but
will be taken as a cautionary measure to prevent exacerbating the
situation between the complainant and the alleged perpetrator.
4. The Club/Society committee will appoint two members of the
committeewho will be tasked with investigating the complaint. They
will prepare clear terms of reference which outline the background
to the complaint, who should be interviewed through the course of
the investigation and the timeline in which to resolve the
complaint.
5. Meetings will be arranged with the complainant, the alleged
perpetrator andany other person who the two members consider
appropriate. All will be asked to respond to the complaint and
detail their version of events. Both parties and witnesses have the
right to be accompanied by a representative at all meetings. Meeting
notes will be taken and once committed to type must be signed by the
relevant person who was interviewed as a true and accurate
reflection of the discussion.
6. Those investigating will prepare a report of their findings and
submit it to theClubs/Societies committee for a final decision. The
two committee members who have taken part in the investigation
should not make a decision regarding the outcome.
7. Once a decision has been made, the complainant and the alleged
perpetratormust be informed as soon as is practicable.
8. If the complaint is upheld, the Club/Society committee will
instigate theClubs and Societies Disciplinary Procedures. Actions
taken can include expulsion from the Club/Society.
9. If the complaint is not well found, both parties should be brought
together bythe Club/Society committee and a mediation process should
be implemented to ascertain whether both members can move on and
continue to partake in the club/societies activities.
10. If the complaint is discovered to be malicious or vexatious, the
Club/SocietyCommittee may instigate the Clubs and Societies
disciplinary procedures against the complainant.
11. Retaliation of any kind against the member for complaining may also
constitute bullying/harassment and is a serious disciplinary
offence.
### 16.3 Appeals Process
If either party is unhappy with the outcome of the investigation, both
parties have the right to appeal to the Clubs and Societies Executive
Committee within 5 working days of the findings being issued. A party,
who wishes to appeal the outcome, should put the reason for the appeal
in writing and address it to the Students' Union President.
Upon receiving the appeal letter, the Clubs and Societies Executive
Committee will appoint two members of the Committee to hear the appeal.
They may choose to conduct further investigations or implement a new
investigation. A decision regarding the outcome should be taken within
ten working days of receiving the appeal.
### 16.4 Confidentiality
All individuals involved in the procedures referred to above should
maintain strict confidentiality on the subject. All involved will be
reminded of this throughout the investigation process.
17 Legal Protocol
=================
Clubs' and Societies' Protocol on Legal Proceedings \[Passed 24/02/09\]
17.1 Step 1
-----------
A formal request must be made from a Club or Society to the Clubs &
Societies Executive prior to any legal advises being sought to the Clubs
& Societies Executive. The formal request will be in written form
outlining in detail the time line of alleged grievance and how it
affects the clubs activities or good name. Full disclosure of all
documents and correspondences (email, phone calls, text, web) must be
made available to the Clubs & Societies Executive. The written request
must be accompanied by a signed declaration by the committee that the
information contained within is truthful and an accurate account of the
issue in question.
17.2 Step 2
-----------
The Clubs & Societies Executive will convene and the issue will form
part of their weekly meetings on the official agenda. Clubs & Society
Executive members with membership of the club or society in dispute must
declare all affiliations and vacate the meeting where conflict of
interest arises.
The Clubs & Societies Executive shall request the signatories of the
initial formal request to attend a meeting in person of the Clubs &
Societies Executive prior to a decision being made to grant or reject
the request for referral to the ULSU solicitor.
A majority decision is required from the Clubs voting members of the C&S
Executive and a majority of the Society voting members of C&S Executive
in order to grant permission for the issue to be referred for legal
advice to the ULSU solicitor by the applicant club/society. In the event
of conflicts of interest it will be a majority of the *remaining* voting
members of the Clubs & Societies Executive.
17.3 Step 3
-----------
When a legal opinion has been offered, it must be disclosed in full to
the Clubs & Societies Executive. Each subsequent request to proceed from
one legal action/proceeding to another will be subject to approval by
the Clubs & Societies Executive on the basis of legal opinion and the
"majority decision basis".
17.4 Step 4
-----------
Clubs & Societies Executive retain the right to sanction or reject the
initiation of any legal action or proceeding subject to the legal
advises at any time. This shall be on the grounds that no one club or
society may unnecessarily expose the level of risk to the overall
integrity of the University of Limerick's Clubs and Societies.
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