1143 lines
41 KiB
Markdown
1143 lines
41 KiB
Markdown
> University of Limerick Computer Society
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Constitution
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April 2013
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**Contents**
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[**I The Constitution** **5**](#the-constitution)
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[**1 Constitution** **5**](#constitution)
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[**2 General Provisions** **5**](#general-provisions)
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[2.1 Title 5](#title)
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[2.2 Affiliation 5](#affiliation)
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[2.3 Aims & Objectives 5](#aims-objectives)
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[**3 Membership** **6**](#membership)
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[3.1 Types of Membership 6](#types-of-membership)
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[3.2 Membership Fees and Term 7](#membership-fees-and-term)
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[3.3 Resignation of Members 8](#resignation-of-members)
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[**4 The Committee** **8**](#the-committee)
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[4.1 Composition 8](#composition)
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[4.2 Election of Officers 11](#election-of-officers)
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[4.3 Resignation of Officers 11](#resignation-of-officers)
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[4.4 Retirement of Officers 11](#retirement-of-officers)
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[4.5 Vacancies on the Committee 11](#vacancies-on-the-committee)
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[4.6 Sub-Committees 11](#sub-committees)
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[4.7 Handover Documents 12](#handover-documents)
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[**5 Meetings** **12**](#meetings)
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[5.1 General Meetings 12](#general-meetings)
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[5.2 Voting at General Meetings 13](#voting-at-general-meetings)
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[5.3 Quorum at Meetings 14](#quorum-at-meetings)
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[5.4 Committee Meetings 15](#committee-meetings)
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[**6 Health and Safety** **15**](#health-and-safety)
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[6.1 Health & Safety 15](#health-safety)
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[6.2 Health & Safety Statement 16](#health-safety-statement)
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[6.3 Foreign Trips 16](#foreign-trips)
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[**7 Disciplinary Action** **17**](#disciplinary-action)
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[**8 Financial Matters** **18**](#financial-matters)
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[8.1 Funds 18](#funds)
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[8.2 Bank Accounts 18](#bank-accounts)
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[**9 Equipment** **19**](#equipment)
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[9.1 Equipment Policy 19](#equipment-policy)
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[**10 Computing Cluster** **20**](#computing-cluster)
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[10.1 Skynet 20](#skynet)
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[10.2 Cluster Administration 20](#cluster-administration)
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[10.3 Skynet Accounts 22](#skynet-accounts)
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[10.4 Acceptable Usage Policy 23](#acceptable-usage-policy)
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[**11 Legal Protocol** **23**](#legal-protocol)
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[**12 Interpretation** **23**](#interpretation)
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[12.1 Interpretation of the Constitution
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23](#interpretation-of-the-constitution)
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[**13 Privileges Tribunal** **24**](#privileges-tribunal)
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[13.1 Purpose 24](#purpose)
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[13.2 Scope 24](#scope)
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[13.3 Membership 24](#membership-1)
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[13.4 Conflict of Interest 24](#conflict-of-interest)
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[**II Schedules** **25**](#schedules)
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[**14 Initiation of Disciplinary Action**
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**25**](#initiation-of-disciplinary-action)
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[14.1 Breaches of Discipline 25](#breaches-of-discipline)
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[14.2 Procedure 25](#procedure)
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[**15 Grievance Procedure** **27**](#grievance-procedure)
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[**16 Bullying & Harassment Procedures**
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**28**](#bullying-harassment-procedures)
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[16.1 Informal Procedure 28](#informal-procedure)
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[16.2 Formal Procedure 29](#formal-procedure)
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[16.3 Appeals Process 30](#appeals-process)
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[16.4 Confidentiality 31](#confidentiality)
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[**17 Legal Protocol** **31**](#legal-protocol-1)
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[17.1 Step 1 31](#step-1)
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[17.2 Step 2 32](#step-2)
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[17.3 Step 3 32](#step-3)
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[17.4 Step 4 32](#step-4)
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**Part I**
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The Constitution
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================
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1 Constitution
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==============
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The Constitution is ratified by the University of Limerick Computer
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Society ("the Society") and replaces any previous constitution of the
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Society.
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The constitution is available to all members of the society.
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2 General Provisions
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====================
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### 2.1 Title
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The title of the Society shall be the University of Limerick Computer
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Society.
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### 2.2 Affiliation
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The Society does not affiliate with any national or international
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organisation.
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### 2.3 Aims & Objectives
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To promote the use and enjoyment of computers within the University, by
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all students including those for whom it is not an academic requirement.
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To this end we shall employ the use of the computing skills, knowledge
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and resources of the society, computer based information services,
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combining both the practical and the entertaining, to bring computers to
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the masses.
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3 Membership
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============
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### 3.1 Types of Membership
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The membership of the Society shall consist of Full Members, Associate
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Members and Honorary Members who have paid their Membership Fee.
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Current students should account for at least 75% of the listed
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membership of the
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Society.
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#### 3.1.1 Full Members
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**3.1.1.1** All students currently attending a course a the University
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of Limerick and all current staff \[permanent and part-time\] and alumni
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of the University of Limerick and UL Students' Union are eligible to be
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Full Members of the Society. Attending a course for the purpose of the
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Constitution means pursuing any degree (undergraduate or postgraduate),
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full-time or part-time and includes time spent on teaching practice,
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co-operative education, Erasmus and link-in modules.
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**3.1.1.2** Students of Mary Immaculate College, Limerick are not
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eligible to be Full Members of the Society.
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**3.1.1.3** Anyone who is a Full Member of the Society shall be entitled
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to be nominated to any position on the Committee or to any other
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committee of the
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Society.
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**3.1.1.4** Full Members and Full Members only, shall have voting rights
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at any general meeting of the Society.
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#### 3.1.2 Associate Members
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**3.1.2.1** A member of the public who is aged eighteen years or over is
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eligible to be an Associate Member of the Society.
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**3.1.2.2** Associate Members shall have no voting rights at any meeting
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of the Society and may not hold a Core Committee Position in the
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Society.
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**3.1.2.3** Associate Members shall be entitled to hold other committee
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positions in accordance with the provisions of section 4.2 or may be
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requested by the Society to serve in an advisory position to a
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committee.
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#### 3.1.3 Honorary Members
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**3.1.3.1** The Committee of the Society may, subject to prior
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consultation with and approval of the Clubs & Societies Executive,
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invite any person who they deem to have done great service for the
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Society to be an Honorary Member in perpetuity of the Society.
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**3.1.3.2** Honorary Members shall have the same rights as Associate
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Members, unless they fulfil the criteria for full membership in which
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case they shall have the same rights as a Full Member.
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**3.1.3.3** Notwithstanding clause 3.2.1 below, Honorary Members shall
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be exempt from paying any Membership Fee.
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### 3.2 Membership Fees and Term
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#### 3.2.1
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Every member of the Society must pay an annual membership fee in order
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to be eligible to be a current member of the Society, as well as
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completing the form in the membership books or Electronic Membership
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form.
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#### 3.2.2
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There are three categories of Membership Fees as follows:
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> 1\. **Student** 1 x € (base amount)
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#### 2. Alumni and Staff of UL 2 x € (base amount)
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> 3\. **Associates** 3 x € (base amount)
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##### 3.2.3
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The base amount shall be determined by the Society Committee annually,
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taking into consideration the University's Student Capitation. The base
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amount is at the discretion of the Society Committee and shall be
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allocated annually.
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##### 3.2.4
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The term of membership shall be from the date that the member signs the
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membership book or completes the electronic form until the Monday of
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Week One of Semester One of the following academic year.
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### 3.3 Resignation of Members
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Any member who wishes to resign must do so by giving the Secretary at
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least fourteen (14) days written notice (which includes notice by email)
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of their intention to do so.
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4 The Committee
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===============
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The Committee shall manage the business and affairs of the Society.
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### 4.1 Composition
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The Committee shall be elected solely from the membership of the
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Society.
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The Committee shall be composed of the following officers:
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1. Chairperson
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2. Secretary
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3. Treasurer
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4. Safety Officer
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5. Public Relations Officer
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6. Senior Systems' Administrator
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7. Other Officers
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of whom the Chairperson, the Secretary and the Treasurer are Core
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Committee Positions and two of the officers holding a Core Committee
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Position shall be the Society's representatives on the Clubs' and
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Societies' Council ("**CSC**").
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**4.1.1 The Chairperson**
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The Chairperson's duties shall include the day-to-day management of the
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Society.
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#### 4.1.2 The Secretary
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The Secretary's duties shall include the maintenance of all necessary
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documentation including the Minutes of all general meetings and
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committee meetings, and will be responsible for the Handover Documents
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for the incoming Committee. The Secretary shall be responsible for
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routine communications within the Committee and the Society.
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#### 4.1.3 The Treasurer
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The Treasurer's duties shall include the maintenance of the Society's
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accounts and the Society's budget submission.
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#### 4.1.4 The Safety Officer
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The Safety Officer's duties shall be to ensure that the Society's Safety
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Statement is relevant and achievable, that the Society ensures good
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safety records are kept and that the Society complies with its Safety
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Statement.
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#### 4.1.5 The Public Relations Officers
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There shall be two Public Relations Officers (PRO). One shall be tasked
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primarily with PR roles to students in computing and related courses
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while the second shall be responsible for general PR. The PROs shall be
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responsible for the advertising and organising of all events and
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functions of the society through all means possible. The publicising of
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events shall be aimed at the university community as well as the wider
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community. It is incumbent upon the PROs to report to the Students'
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Union newspaper, to local and, where appropriate, national press. The
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office of PRO shall have the responsibility of organising all receptions
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held by the society, aided where necessary by other committee members.
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#### 4.1.6 The Senior Systems' Administrator
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The Senior Systems' Administrator shall represent the Systems'
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Administration team of the Skynet Cluster ("**Skynet**") and their
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interests on the committee. He/she shall also be responsible for
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conveying committee decisions to the other members of the Systems'
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Administration team. Any individual proposed for this role [must]{.ul}
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be an existing member of the Systems' Administration Team.
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#### 4.1.7 Other Officers
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The Society may appoint other officers at the discretion of the
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Committee. Any such additional officers are not permanent officials of
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the Committee and need not be appointed every year, nor replaced if the
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position should become vacant for any reason.
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### 4.2 Election of Officers
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Subject to section 4.5, officers shall be elected at the relevant AGM
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(Annual General Meeting) in accordance with the provisions of section
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5.2
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### 4.3 Resignation of Officers
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Officers may resign by giving one week's written notice to the
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Secretary, or in the case of the Secretary, to the Chairperson.
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### 4.4 Retirement of Officers
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All officers shall retire at the AGM immediately prior to the election
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of the new Committee and that Committee for the following year shall be
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elected in accordance with the provisions of section 5.2.
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### 4.5 Vacancies on the Committee
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In the case of a vacancy on the Committee due to resignation or
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expulsion as per section 7 of an officer or for any other reason, the
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Committee shall have the power to co-opt any Member to the Committee
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until the next general meeting (be it an EGM or an AGM), at which a new
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officer will be appointed in accordance with section 5.2.
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### 4.6 Sub-Committees
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The Committee may appoint and dismiss sub-committees from the Society
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membership and prescribe rules for those sub-committees as appropriate.
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Sub-committees will retire annually on the date of the relevant AGM, or
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when their function is complete, whichever is the sooner.
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### 4.7 Handover Documents
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Each outgoing officer of the Committee must present Handover Documents
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at the end of their term detailing the specific roles and
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responsibilities and the person(s) with whom they conducted the business
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of the Society in order to assist the incoming officers with their
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development of the Society.
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5 Meetings
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### 5.1 General Meetings
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(Annual General Meeting (AGM) & Extraordinary General Meetings (EGM))
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#### 5.1.1
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The Committee shall give fourteen (14) days' notice of any general
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meeting to all members along with a call for any submissions and motions
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to be submitted to the Committee in writing six (6) days in advance of
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the general meeting.
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#### 5.1.2
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Members shall be notified of general meetings in writing through at
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least two media (text, email, and/or posters).
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#### 5.1.3
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The agenda for the general meeting including submissions and motions is
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to be circulated to Full Members five (5) days in advance of the
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meeting.
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#### 5.1.4
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An EGM must be convened at the request of fifteen (15) or more Full
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Members in writing to the Chairperson clearly stating the purpose for
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that meeting. The EGM will be held no later than fourteen (14) days of
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receipt of the written request. The Clubs and Societies Executive (CSE)
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must also be made aware of this request by a member of the Core
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Committee.
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#### 5.1.5
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The CSE must be notified of all general meetings by a member of the Core
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Committee.
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### 5.2 Voting at General Meetings
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#### 5.2.1
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Voting shall be by show of hands unless otherwise determined in a vote
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of the **meeting**.
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**5.2.2**
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Each Full Member shall have one vote at any general meeting.
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#### 5.2.3
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Motions and resolutions must be passed by a simple majority of those
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Full Members present at the meeting.
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#### 5.2.4
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Elections to the roles of officers of the Committee shall be by simple
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majority vote of those Full Members present at the meeting.
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#### 5.2.5
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All nominations for each committee position require a Proposer and
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separate Seconder from the membership. Any Member may nominate
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themselves at the meeting for election as an officer of the Society
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Committee. Officers who have immediately prior resigned pursuant to
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Clause 4.4 are eligible for re-election (unless they have become
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ineligible for any other reason).
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#### 5.2.6
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In the event of an equality of votes, the Chairperson shall have a
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second casting vote in addition to the vote to which he or she may in
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any case be entitled.
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#### 5.2.7
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In the event of a conflict of interest for the Chairperson, they must
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vacate the Chair and another Chairperson must be appointed by a vote of
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the members present for the duration that the conflict persists.
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#### 5.2.8
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At an AGM, the outgoing committee shall present for approval to the
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meeting the financial accounts of the Society for the year ending at
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that AGM.
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### 5.3 Quorum at Meetings
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#### 5.3.1
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The quorum shall be fifteen (15) Full Members, excluding Core Committee
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members, up to a one hundred (100) person membership. If the membership
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of the Society shall exceed one hundred (100), then the quorum shall be
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five (5) additional members and an additional five (5) per one hundred
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(100) increases in membership thereafter, up to a maximum membership of
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five hundred (500).
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#### 5.3.2
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If the quorum is not reached at a general meeting the meeting cannot
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proceed, but must be reconvened within one week.
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#### 5.3.3
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If the Society fails to reach quorum at the reconvened general meeting,
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it will be put forward for de-recognition at the next CSC.
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### 5.4 Committee Meetings
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The Committee shall meet at least six (6) times per academic year with
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at least two (2) meetings being held in each semester. Subject to the
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rules of this Constitution, the Committee shall determine its own quorum
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on election, and shall regulate its own procedures. The Secretary shall
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give at least four (4) days' written notice of any committee meetings.
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6 Health and Safety
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===================
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### 6.1 Health & Safety
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The Committee and the members of the Society will at all times do their
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utmost to comply with the Health & Safety Statement of the Society to
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ensure any planned activities are safe to participate in and that
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members do not engage in behaviour likely to cause harm.
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### 6.2 Health & Safety Statement
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#### 6.2.1
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The Society must have a Health & Safety Statement. This must follow the
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template provided by the Health & Safety Consultants for Clubs &
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Societies. This will be available on the Clubs and Societies website.
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#### 6.2.2
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The Health & Safety Statement must be reviewed annually by the Committee
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to ensure it remains relevant to the Society's activities and is
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compliant with any legislative changes or directives issued by a
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governing body.
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#### 6.2.3
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The Committee will inform its members of their obligations under the
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terms of the Health & Safety Statement. This should be undertaken at a
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general meeting and per event/trip briefing.
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### 6.3 Foreign Trips
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#### 6.3.1
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If any member intends to make a foreign trip on Society business, they
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[must]{.ul} inform the Clubs and Societies Development Officer (CSDO).
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#### 6.3.2
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An itinerary must be furnished to \[the parties in 6.3.1\] in advance of
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all trips outside of the island of Ireland. The itinerary must include:
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1. Flight/Ferry information, and accommodation phone numbers and a
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dailyschedule of the planned activities.
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2. The contact details of the event coordinators while abroad and the
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person/people designated to be responsible for First Aid (where
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possible).
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3. In Case of Emergency (ICE) contact details must be provided by every
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participant to the event coordinators, and provided to the CSDO at
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least a week in advance of the planned trip.
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#### 6.3.3
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The member [must]{.ul} take the Clubs and Societies Travel Insurance
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Policy Number on any trip, which is available from the CSDO or ULSU
|
|
Secretary General in advance of the trip.
|
|
|
|
#### 6.3.4
|
|
|
|
In accordance with the Health & Safety Statement, the contact details
|
|
for the Clubs and Societies Development Officer, General Manager and the
|
|
ULSU President 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 Students' Union 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.
|
|
|
|
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.
|
|
|
|
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
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must be accompanied by a signed declaration by the committee that the
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information contained within is truthful and an accurate account of the
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issue in question.
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17.2 Step 2
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The Clubs & Societies Executive will convene and the issue will form
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part of their weekly meetings on the official agenda. Clubs & Society
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Executive members with membership of the club or society in dispute must
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declare all affiliations and vacate the meeting where conflict of
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interest arises.
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The Clubs & Societies Executive shall request the signatories of the
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initial formal request to attend a meeting in person of the Clubs &
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Societies Executive prior to a decision being made to grant or reject
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the request for referral to the ULSU solicitor.
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A majority decision is required from the Clubs voting members of the C&S
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Executive and a majority of the Society voting members of C&S Executive
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in order to grant permission for the issue to be referred for legal
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advice to the ULSU solicitor by the applicant club/society. In the event
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of conflicts of interest it will be a majority of the *remaining* voting
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members of the Clubs & Societies Executive.
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17.3 Step 3
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When a legal opinion has been offered, it must be disclosed in full to
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the Clubs & Societies Executive. Each subsequent request to proceed from
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one legal action/proceeding to another will be subject to approval by
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the Clubs & Societies Executive on the basis of legal opinion and the
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|
"majority decision basis".
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17.4 Step 4
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Clubs & Societies Executive retain the right to sanction or reject the
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initiation of any legal action or proceeding subject to the legal
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advises at any time. This shall be on the grounds that no one club or
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society may unnecessarily expose the level of risk to the overall
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integrity of the University of Limerick's Clubs and Societies.
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