3.

Chair of Guild Council Election

GC.5.12.3

GUILD COUNCIL MEETING DATE OF MEETING 1st May 2012

Author Name: Hugo Sumner, Vice President (Democracy & Resources) Purpose: Amend Existing Policy Summary: To amend the way the Chair and Deputy Chair of Guild Council are elected by moving the election into the last Guild Council of the academic, therefore empowering Guild Councillors to decide how they are governed. Section One: Amend Existing Policy 1.1. Title of Belief and Commitment or Bye-Law Guild Council Guidance Document 1.2. Proposed Amended Text (normally no more than 200 words in case of Belief and Commitment) Remove current section 3.1 (which will become section 4) 3. Election of the Chair and Deputy Chair of Guild Council (added after section 2, Purpose of Guild Council, all other section remain in guidance document) 3.1 The Chair and Deputy Chair of Guild Council will be elected on an annual basis, at the last Guild Council of every academic year. 3.2 Any full member of the Guild of Students may stand if they reasonably anticipate the retention of their full membership status and are not due to take up a position on the Guild Officer Group for that next academic year. Nominations for Chair will occur in the last Guild Council of the year and any full member can nominate themselves or any full member. Nominees have to accept the nomination during the meeting before standing. 3.3 Guild Councillors will vote by secret ballot, using the alternative transferable voting system. Re-open nominations (RON) will be a candidate. 3.4 The winning candidate will become Chair of Guild Council, and the runner-up will become Deputy Chair of Guild Council. 3.5 No candidate may endorse another candidate.

If you have any queries, please e-mail council@guild.bham.ac.uk

3. Chair of Guild Council Election

3.6 Each candidate will have the opportunity give a 5 minute speech; however this may be extended at the discretion of the current acting Chair. It must be noted that these are the only ways a potential candidate may actively promote or endorse themselves. No campaigning may occur before the nomination process begins. 3.7 The opportunity for any full member to ask questions of the candidates will be given after all speeches are heard. These questions must be addressed to all candidates. The number of questions heard will be at the discretion of the current acting Chair, but there will be a minimum of 3 questions if the floor so demands. 3.8 All candidates must leave the chamber whilst the balloting occurs. Candidates, if already Guild Councillors, may not vote for themselves as they would have an inherent unfair one vote advantage over other candidates who are not Guild Councillors. 3.9 The winning candidates will take office at the beginning of the next academic year.

Section Four: Written Statement in Support of Motion (please do not go outside the box) The Chair and Deputy Chair of Guild Council exist to serve Guild Councillors needs and facilitate the democratic principles that provide our student body with an audible voice. The Chairs are accountable to Guild Councillors in this respect and it is only right that they should be elected by the body which they serve. A large proportion of the student body have never been to Guild Council, and do not fully understand the processes of the meeting. An election by Guild Council, rather than a cross campus ballot ensures that the manifestos of candidates are understood and evaluated by those with the sufficient experience. Guild Councillors are elected to represent the entirety of the student population, through schools, RAs, liberation groups and mini-forums, as well as open place positions. However, the Chairs role is not to represent the views of any constituency or student, in fact they must seek to distance themselves from any opinion on policy which is being debated. Many democratic legislative chambers around the world follow this format and often have done since their formation. For example, the Speaker of the House of Commons in the UK is elected internally as is the Speaker of the United States House of Representatives. These models have been emulated by many political systems and continue to be seen as effective democratic institutions. This change will further empower Guild Council as the highest democratic body within the Guild. By deciding how to be governed, Guild Council will become a more effective and efficient institution, better able to react to the needs of the students.

If you have any queries, please e-mail council@guild.bham.ac.uk

4. Guild Officer Discipline & Appeals Policy

GC.5.12.4

GUILD COUNCIL MEETING DATE OF MEETING 01.05.12

Author Name: Hugo Sumner, Vice President (Democracy & Resources) Purpose: Add New Policy Summary: To introduce a new Guild Officer Discipline & Appeals policy, creating a mechanism whereby Officers can be held to account for poor performance, replacing the policy that was de-ratified in November 2011. Section Two: Add New Policy/Bye-Law 2.1. Belief and Commitment Title or Bye Law Guild Officer Discipline & Appeals Policy 2.2 Proposed Text (normally no more than 200 words in case of Belief and Commitment) Please see appendices Section Four: Written Statement in Support of Motion Please note this motion was submitted to the March Guild Council meeting, but Guild Council voted to defer the motion. The proposer has since amended the Discipline Policy following feedback from members. The policy may be taken in parts. In 2009 a motion went to Guild Council regarding creating a Discipline & Appeals Policy for Guild Officers. This was worked on by the Sabbatical Officer Team of 2009/10 and consequently the Sabbatical Officer Team of 2010/11 who came up with a policy based on the Membership Discipline & Appeals Policy, which applies to all students. This new policy was passed at Guild Council in June 2011, however due to the sub-quorate nature of that Guild Council it needed to be re-ratified at the next Guild Council, which was at the beginning of November 2011. The policy was de-ratified by the November 2011 Guild Council, leaving the Guild with no policy disciplinary policy for its elected Officers. A motion went through Guild Council this year mandating the Vice President (Democracy & Resources) to formulate a new policy, taking into account principles in the Birckbeck College Student Unions Officer Discipline & Appeals policy. This has been done in conjunction with the President and is now being presented for Guild Councils approval. The new policy will ensure that all Officers provide high quality and effective representation for all members and will ensure all Officers act in the best interest of students at the University of Birmingham and puts into place appropriate measures if any Officer were to fall short of the standard expected of them.

If you have any queries, please e-mail council@guild.bham.ac.uk

4. Guild Officer Discipline & Appeals Policy

Changes that have come in from the previous policy include introducing new checks and balances into the process, enabling Guild Council to judge whether an Officer is performing their political duties appropriately and allowing the Trustee Board to refer cases onto Guild Council for decision. Additionally all committees are made up of majority students, with the Guild Officer Group (all 7 elected Sabbatical Officers and 11 elected Non-Sabbatical Officers) having far more influence than before. Changes that have come in from the previous policy include introducing new checks and balances into the process, enabling Guild Council to judge whether an Officer is performing their political duties appropriately and allowing the Trustee Board to refer cases onto Guild Council for decision. Additionally all committees are made up of majority students, with the Guild Officer Group (all 7 elected Sabbatical Officers and 11 elected Non-Sabbatical Officers) having far more influence than before. If an Officer were to be suspended, there is now a clear and coherent time frame in place stating that an investigation is to be concluded with 25 working days and needs approval from the Guild Officer Group if it is to be extended. Moreover, the decision to suspend will now be placed in the hands of the Sabbatical Officer Group, as opposed to solely the President. Furthermore, upon approval, Guild Council will be able to amend this document in parts, via a motion to Guild Council. Previously it was an all or nothing document and this new mechanism will allow for greater flexibility in adapting the policy to the changing needs of students.

If you have any queries, please e-mail council@guild.bham.ac.uk

Appendix 2

Agenda Item 4, Appendix 1

Guild Officer Group Discipline and Appeals Policy

April 2012

Contents: 1 2 3 4 5 6 7 8 9 10 11 12 13 Statement Purpose and Scope Complaints and Disputes Committee Making a Complaint Informal Action Grounds for invoking the disciplinary procedure Disciplinary Procedure Suspension Officer Disciplinary Committee Disciplinary Hearing Procedure Disciplinary Action Appeals Appeal Hearing Procedure Page 2 Page 2 Page 2 Page 3 Page 3 Page 4 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10

File18

Guild Officer Group Discipline and Appeals Policy 1. 1.1 Statement In being an elected Guild Officer, there is an inherent obligation to conduct oneself in a highly responsible and professional manner, and in accordance with the law, which includes for these purposes, charity law, company law, the Education Act 1994 and any other relevant legislation or regulations that impact on any aspect as a Guild Officer. In addition, Guild Officers should be familiar with and act in accordance with the governing documents of the Guild of Students. The governing documents include for these purposes the Memorandum and Articles of Association, Bye-Laws, Guidance & Strategy documents, and relevant policies and procedures. This policy should be read together with the Guild Officer Group Code of Conduct. Purpose and Scope Every Guild Officer is expected to carry out his or her duties to the best of his or her ability and to always take into consideration the best interests of the Guild of Students. This policy applies to all Guild Officers, including Sabbatical Officers and NonSabbatical Officers. For the avoidance of doubt, this policy applies to those Sabbatical Officers who are also Trustees of the Guild of Students. The purpose of the policy is to: a) b) c) d) 2.4 promote high standards of behaviour in the treatment of individuals and in the conduct of Officer relations; assist the Guild of Students to operate effectively; set standards of conduct and performance for the Guild Officers; and provide a fair method of dealing with alleged failures to maintain those standards.

1.2

1.3 2. 2.1

2.2

2.3

This policy is intended to be corrective rather than punitive. Where performance or conduct falls short of an acceptable standard, then this policy will ensure that there is an opportunity to make improvements and achieve the levels required. In this policy, the "Guild Officer" refers to the person facing the allegation in the complaint. The Complaints & Disputes Committee - This committee will exist in order to provide oversight to the Officer disciplinary process and act as arbiter at certain stages of the process. It will report into Guild Council on an annual basis, outlining recommendations for further improvement to the Officer Disciplinary Policy. All business conducted through this committee shall be confidential, unless otherwise stated.

2.5 3. 3.1

3.2 -

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3.3

- The committee will consist of: (i) The Chair or Deputy Chair of Guild Council, who will act as Chair (ii) A student trustee (iii) 3 Guild Councillors elected annually by Guild Council (iv) The HR & Admin Co-ordinator will be in attendance to give advice when needed. Making a Complaint Any person may make a complaint about alleged poor performance or misconduct of a Guild Officer. The complaint should be made in writing to the relevant authority, who shall be: a) b) c) the President; the nominated external Trustee (where the complaint is regarding the President); or the Chief Executive (where the complaint is received from a member of Guild staff).

4. 4.1 4.2

4.3 4.4

The complaint will be shared with the HR Co-ordinator. The complaint should give details of the name(s) of the person(s) involved, together with details of alleged poor performance or misconduct (including the date and place at which the alleged misconduct took place), and be delivered as soon as possible after the events complained of (and ideally within ten working days of the occurrence). The person who received the complaint shall acknowledge receipt of it. Informal Action Minor mistakes will be dealt with informally, usually by the relevant authority discussing the concerns with the Guild Officer. In the case of allegations of fault against the President, the nominated external Trustee will usually discuss the concerns with the President. The relevant authority will determine what further action to take in relation to the complaint, and will inform the complainant and the Guild Officer of what action, if any, is to be taken. Where possible further training for improvement will be provided. Where appropriate, the Guild Officer will be advised of the standard required to improve conduct or behaviour and the timescale within which the Guild Officer should improve. The Guild Officer is not required to receive written notification at this informal stage. However, a note of the discussion will be kept on his or her confidential file and will be used as the basis for monitoring conduct going forward. Additionally, the Disputes & Complaints Committee will be informed. Where there is a more serious case of poor performance or misconduct or the Guild Officer fails to improve and maintain that improvement, formal action may be taken and the disciplinary procedure outlined in paragraph [6] below may be invoked.

4.5 5. 5.1

5.2

5.3

5.4

5.5

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6. 6.1 6.2

Grounds for invoking the Disciplinary Procedure The disciplinary procedure will usually be invoked once all informal procedures have been exhausted. It is impossible to specify all the circumstances that would warrant invoking the formal disciplinary procedure, but typical cases would be where the Guild Officers standard of performance, level of achievement, timekeeping, attendance or general conduct falls below the standard required by the Guild of Students, including that set out in the Guild Officer Code of Conduct. The disciplinary procedure will usually be invoked where the alleged poor performance or misconduct constitutes gross misconduct. It is not practical to compile an exhaustive list of what will constitute gross misconduct, but the following are some important examples: a) b) c) d) e) f) g) h) i) j) k) l) m) n) Disruption of, or improper interference with, the administrative, social or other activities of the Guild of Students whether on the Guild of Students premises or elsewhere. Obstruction of, or improper interference with, the functions, duties or activities of any student, member of staff or other employee of the Guild of Students or any authorised visitor to the Guild of Students. Violent, indecent, disorderly, threatening, or offensive behaviour or language whilst on the Guild of Students premises or engaged in any Guild of Students activity. Any form of theft, fraud, deceit or dishonesty in relation to the Guild of Students or its staff or in connection with the holding of any office in the Guild of Students or in relation to being a member of the Guild of Students. Action likely to cause injury or impair safety on the Guild of Students premises, including wilful disregard of health and safety rules. Harassment of any kind of any student member of staff or other employee or any visitor of the Guild of Students. Conscious unlawful acts of racial, sexual or disability discrimination or harassment against Officers, staff or job applicants. Malicious damage to, or defacement of, the Guild of Students property, the property of other members of the Guild of Students community or property available for the use by its members. Unauthorised possession or misuse use of the Guild of Students premises or items of property. Behaviour which is likely to bring the Guild of Students or any constituent part of the Guild of Students or any individual into serious disrepute. Alcohol, drug or substance abuse in the course of work, within working hours or on the Guild of Students premises. Gross carelessness resulting in damage or injury or other unacceptable loss. Conduct which, if proved in a court of law, would constitute a criminal offence or affected other members of the Guild of Students. Serious and substantial breach of the Guild Officer Group Code of Conduct.

6.3

6.4 7. 7.1

Concerns regarding the political performance in the role as a Guild Officer will usually be dealt with through Guild Council or Referendum. Disciplinary Procedure Where it is believed that the disciplinary procedure should be invoked, any of the following may convene an Investigations Panel: a) The President;

203434/0001/000893345/Ver.03

b) c) 7.2

The nominated external Trustee (where the complaint is regarding the President) or, At least 5 members of the Sabbatical Officer Group.

The Investigation Panel (convened as in paragraph [6.1]) will usually include a Guild Officer and a member of the management team. The Investigation Panel will be supported by a member of the HR & Admin staff who will be in attendance to act as an advisor and as the note taker. The Investigation Panel shall be appointed from the Guild Officer Group and Management team pool, usually based on the criteria below. a) b) c) The experience of the persons concerned in dealing with disciplinary matters. Whether the person will have any conflict of interest in the matter. Availability of the persons (to ensure that timescales are not unnecessarily protracted).

7.3

The appointment shall be approved by the Disputes & Complaints Committee. 7.4 7.5 7.6 The Guild Officer will be written to and advised of the allegations against him or her and provided with a copy of this policy. The matter will then normally be investigated by the Investigation panel. The purpose of the investigation is to establish a fair and balanced view of the facts relating to the allegations against the Guild Officer. The Investigations Panel may obtain statements from witnesses whose evidence is relevant, and consider additional allegations. The Investigation Panel will deal with the investigation as quickly as is practicable. The panel will aim to confirm the findings within 25 working days. However it may be necessary to extend this timeline, depending on the nature of the allegations and will be at the discretion of the Disputes & Complaints Committee (and will usually be for no more than 10 working days). Following the investigation, the Investigation Panel will make one of the following recommendations to the relevant authority who requested the Investigation Panel: a) b) c) d) to take no further action; referral to an Officer Disciplinary Committee to hold a disciplinary hearing; or to pass to Guild Council or referendum to hold a Vote of No Confidence to inform the University authorities so that action may be pursued either under the University Disciplinary Procedures, by the police or under the disciplinary procedures of a body that is deemed appropriate.

7.7

7.8 7.9

Where the case is referred to another body, the Guilds processes will normally cease until the conclusion of that investigation. It is recognised that being the subject of investigation can be difficult, and the Guild will therefore endeavour to undertake an investigation with appropriate discretion, care and consideration. No Guild Officer or staff member shall comment publicly on any investigation or disciplinary (apart from to confirm at what stage the process is at). Suspension It may be necessary to suspend the Guild Officer from some or all duties until such time as an investigation and/or the disciplinary procedure/s are complete. The ability

8. 8.1

203434/0001/000893345/Ver.03

to suspend an Officer during an investigation will be at the discretion of the Sabbatical Officer Group, where a unanimous resolution will be required (for the avoidance of doubt, the Officer in question will not count towards quoracy). The Guild Officer will continue to be remunerated throughout the investigation and shall retain their Officer status for the duration of the process. Any suspension will be communicated to the Disputes & Complaints Committee, who can overturn the suspension via a unanimous decision. Please note that the Trustee Board will have precedence over the Disputes & Complaints Committee when it comes to the suspension of an Officer, as per section 8.3. 8.2 A suspension will be without prejudice and will not constitute disciplinary action, and will be reviewed to ensure it is not unnecessarily protracted. Grounds for suspension may include, but is not limited to; a) Gross or serious misconduct is alleged; b) Serious breach of the Officer Code of Conduct; c) Risk to third parties, the Guild of Students or University property, or d) The working relationship between the Officer and others is significantly impaired. 8.3 Any suspension will be reported to both the Guild Officer Group and the Trustee Board and a suspension decision may be overturned by the Trustee Board. A suspension which exceeds 25 working days will further require the majority approval of the Disputes & Complaints Committee. The relevant authority shall determine the extent of the suspension, which may include a partial suspension such as exclusion from attendance at meetings. Access to welfare services will be available by arrangement. The Sabbatical Officer Group may allocate the duties of a suspended Officer as appropriate. Officer Disciplinary Committee The Officer Disciplinary Committee shall be convened as soon as is practicable, to hear allegations of poor performance or alleged gross misconduct. The Officer Disciplinary Committee shall be comprised of: a) b) c) d) 9.3 9.4 the President (unless the allegations are against the President) or nominee; two Trustees (at least one of which shall be a Student Trustee) appointed annually by the Board; the Chair of Guild Council or Deputy Chair (whichever has not been involved with the Disputes & Complaints Committee); and An ordinary member of Guild Council appointed annually by Guild Council.

8.4

8.5 9. 9.1 9.2

A member of the HR & Admin staff will be in attendance to act as an advisor to the Disciplinary Committee and as the note taker. The quorum of the Disciplinary Committee shall be four and the Chair shall be elected from the Committee, but shall not be the President or nominee. The Chair of Guild Council or Deputy Chair shall normally be present. The Chair shall give both the complainant and the Guild Officer at least 72 hours' notice of the date and time of the Disciplinary Committee meeting.

9.5

203434/0001/000893345/Ver.03

9.6 9.7

Both the complainant and Guild Officer shall have the right to attend the meeting and be accompanied and/or represented by any other full member. The Disciplinary Committee shall endeavour to provide the Guild Officer with a copy of the allegation against him or her and any written evidence to be presented to the Disciplinary Committee at least 5 working days before the date of the meeting. These papers shall be deemed confidential by all parties. Discipline Hearing Procedure The Chair will ensure that copies of the allegation and of all written evidence, and the names of any witnesses to be called is distributed to the members of the Officer Disciplinary Committee who will be given time to read the material carefully. The Guild Officer shall be considered to be not guilty of any allegation until the opposite is shown on the balance of probabilities. The findings of the investigation shall be presented by the Investigation Panel. The findings and conclusions of the Investigation Panel shall be presented first. The Guild Officer will be asked whether he or she admits or denies the allegation. If the Guild Officer admits the allegation, the Chair will proceed as in paragraph 10.13 below. If the Guild Officer denies the allegation, the Guild Officer or their representative shall then be able to present their defence. Either side may present witnesses to support their case. Either party may ask questions of witnesses, as may members of the Committee. The Committee may invite such other witnesses as it thinks fit to be summoned, or such other evidence as it considers relevant to be produced. The Chair or Guild Officer may ask for a short adjournment at any time for consideration of information, points of procedure or emotional distress. The Chair may also consider adjourning the hearing, particularly if the meeting is protracted. The meeting should be reconvened as soon as is possible, and within 10 working days. The ruling of the Chair as to whether any question or evidence is or is not permissible shall be final. The Guild Officer may make a final statement, which may include mitigation for their actions. The Committee shall then withdraw to consider its decision. The Committee should attempt to reach a unanimous decision but if a vote is required then a simple majority will be deemed sufficient. If the Committee finds that the allegation has not been proved, the hearing will end but official notes shall be retained.

10. 10.1

10.2 10.3 10.4 10.5 10.6 10.7

10.8 10.9 10.10 10.11

10.12 10.13 10.14 10.15 10.16

203434/0001/000893345/Ver.03

10.17

If the Committee finds that the allegation has been proved, the Committee shall consider the appropriate sanction and their reasons for making such a sanction. The Committee may consider any mitigation that the Guild Officer has made. The Chair shall endeavour to communicate the decision to the Guild Officer and to the complainant within 5 working days of the hearing. The Chair will also communicate the decision to the relevant parties. [The disciplinary actions that may be taken are set out in paragraph [11] below. The written outcome will advise the Guild Officer of his or her right of appeal as set out at paragraph [12] below]. Disciplinary Action Disciplinary action may be implemented at any stage of the procedure if the Guild Officers alleged misconduct or poor performance warrants such action. If the offence is of a serious nature, then it may be necessary to begin the procedure at a later stage in the process depending on the circumstances. Normally, any formal warnings will expire six months after issue, unless specifically indicated to the contrary. Formal Verbal Warning

10.18

11. 11.1

11.2

11.3

If conduct or performance does not meet the required standard, the Guild Officer will normally be given a formal verbal warning. He or she will be advised of the reason for the warning, the improvement required, and the timescale. The Guild Officer will also be informed that it is the initial stage of the Disciplinary Procedure. The Guild Officer will be told of the likely consequences should the failure be repeated, should there be a further incidence of unacceptable conduct or performance, or should the required improvement not be made within the specified time period and then maintained. A record detailing the reasons for the warning will be given to the Guild Officer and a copy kept on his or her confidential file. First Written Warning

11.4

11.5

If the required improvement does not take place, or if the offence is of a serious nature, a first written warning will be given to the Guild Officer. This will give details of the disciplinary issue, the improvement required and the timescale. It will warn that if there is no satisfactory improvement, or there is further unsatisfactory conduct or performance then it may be necessary to move to the next stage of the procedure. A copy of the written warning will be given to the Guild Officer and one will be kept on his or her confidential file. Final Written Warning

11.6

If there is still a failure to improve conduct, or performance is still unsatisfactory, a final written warning will be given to the Guild Officer. If the misconduct is sufficiently serious to warrant only one written warning, but insufficiently serious to justify a referral to the Trustee Board or the Guild Council for removal from Office, a first and final written warning will be issued. The warning will give details of the complaint and will advise the Guild Officer that a referral to the Trustee Board or the Guild Council for removal from Office will result if there is no satisfactory improvement, or there is further unsatisfactory conduct or performance. He or she will also be told of the right to appeal. A copy of the

11.7

203434/0001/000893345/Ver.03

warning will be given to the Guild Officer and a copy kept on his or her confidential file. Removal as an Officer 11.8 If the conduct or performance is still unsatisfactory and the Guild Officer still fails to reach the prescribed standards or further misconduct is committed, the Officer Disciplinary Committee will recommend removal from Office by referral to either Guild Council or in the case of a serious breach of paragraph [6.3] to the Trustee Board. In the case of a Guild Officer who is also a Trustee of the Guild of Students: a) Guild Council may remove the Guild Officer as a Trustee of the Guild of Students in accordance with Article 20.2 of the Articles of Association of the Guild of Students. Following such removal, Guild Council shall consider whether to dismiss the Guild Officer as a paid sabbatical of the Guild of Students, in accordance with Article 21; and. The Trustee Board may remove the Guild Officer as a Trustee of the Guild of Students in accordance with Article 22 of the Articles of Association of the Guild of Students. Following such removal, the Trustee Board shall decide whether to dismiss the Guild Officer as a paid sabbatical of the Guild of Students. If the misconduct is in relation to political performance, the matter will be referred to Guild Council.

11.9

b)

11.10

In the case of a Guild Officer who is not a Trustee of the Guild of Students: a) Guild Council may remove the Guild Officer from Office by passing a motion of no confidence in the Guild Officer by a two thirds majority in a vote of Guild Council; and The Trustee Board may remove the Guild Officer from Office by passing a unanimous resolution of no confidence by the Sabbatical and Student Trustees.

b) 11.11 11.12 12. 12.1

The Trustee Board can refer the decision to remove a Guild Officer to Guild Council if it deems appropriate and when regarding political performance. The Officer Disciplinary Committee reserves the right to refer the matter onto the University authorities or law enforcement agencies. Appeals The Guild Officer may appeal against the Disciplinary Committee's decision to the Chair of the Trustee Board (and copied to the HR Co-ordinator), in writing, within 7 working days of the receipt of the Disciplinary Committee's decision. In the event of an appeal, the Chair of the Trustee Board shall convene a meeting of the Appeal Committee. The Appeal Committee shall be convened usually within fourteen working days within receipt of an appeal. The Appeal Committee shall be comprised of: a) The Chair of the Trustee Board;

12.2 12.3 12.4

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b) c)

A representative of the Sabbatical Officer Group, appointed by the Disputes & Complaints Committee; A Student Trustee, who has not previously been involved.

Each member of the Appeal Committee shall be independent and shall not have had any substantive involvement in the matter under appeal. 12.5 12.6 12.7 The quorum of the Committee shall be three and the Chair shall be the Chair of the Trustee Board. The Chair shall inform both the complainant and the Guild Officer of the date and time of the Appeal Committee meeting. Both the complainant and the Guild Officer shall have the right to attend the meeting and be accompanied and/or represented by any full member The Chair will, at the same time, instruct the Guild Officer to submit in writing as soon as possible, and in any event not later than 2 working days before the hearing a detailed statement why the Guild Officer is appealing and on what basis. The Chair, on receipt of the information above, will then confirm the date, time and place of the hearing with all involved. Appeal Hearing Procedure The Chair will distribute copies of the original allegation and all original written evidence, and the written confirmation of the Disciplinary Committee's decisions and reasons for them, along with the letter of appeal. The members of the Appeal Committee will be given time to read the material carefully. The Chair will then invite the Guild Officer into the meeting who will be asked to make a statement as to his or her reason for appeal. The Appeal Committee may ask the Guild Officer any questions it thinks fit. The Appeal Committee may ask the complainant any questions it thinks fit. When the Chair is satisfied that the Appeal Committee has enough information on which to base a decision, the Guild Officer will be asked if he or she wishes to make a final statement. The Appeal Committee will consider, in private, whether the appeal should be upheld. The Appeal Committee may alter the decision of the Disciplinary Committee, but cannot increase the disciplinary penalty imposed by the Disciplinary Committee. The Appeal Committee should attempt to reach a unanimous decision, but if a vote is required then a simple majority will be deemed sufficient. The Chair will inform the Guild Officer and complainant of the Appeal Committee's decision in the most appropriate way it thinks relevant. The Chair will endeavour, within 5 working days of the hearing, to send the Guild Officer and the complainant written confirmation of the Appeal Committees decisions. The Chair will also communicate the decision to the relevant parties.

12.8 13. 13.1

13.2 13.3 13.4 13.5

13.6 13.7 13.8 13.9

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10

Appendix 2

Guild Officer Code of Conduct

February 2012

Contents: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Law, governing document and standards Objectives, vision and policies Responsibilities and relations with others Committee and Meetings Guild of Students Staff Events Protecting the reputation of the Guild of Students Financial Responsibilities Personal gain Conflict of interest Principles in public life Performance Page 2 Page 2 Page 2 Page 3 Page 4 Page 4 Page 5 Page 5 Page 5 Page 5 Page 5 Page 6

203434/0001/000893333/Ver.02

Guild Officer Code of Conduct

Guild Officer Code of Conduct As an elected Officer of the Guild, I agree to the following: 1. 1.1 Law, governing documents and standards I will conduct myself in a highly responsible and professional manner, and in accordance with the law, which includes for these purposes, charity law, company law, the Education Act 1994 and any other relevant legislation or regulations that impact on any aspect as a Guild Officer. I will be familiar with and act in accordance with the governing documents of the Guild of Students. The governing documents include for these purposes the Memorandum and Articles of Association, Bye-Laws, Guidance & Strategy documents, and relevant policies and procedures. I will support the Guild of Students in its commitment to upholding and promoting the highest standard of behaviour and integrity. I accept that the Guild of Students places obligations upon all of its Officers and that each of us owes a duty of care and responsibility to the Guild of Students. I acknowledge that I am accountable to the members of the Guild of Students in accordance with the governing documents and through Guild Council, and also to the Trustee Board of the Guild of Students. I accept that the Guild Officer Group is expected to work together under the concept of collective responsibility in the best interests of the Guild of Students. I acknowledge that the purpose of this Code of Conduct is to promote the highest standards of behaviour amongst the Officers and to secure the proper working of the Guild of Students. The Guild of Students may exercise disciplinary authority over its Officers in line with the Guild Officer Group Discipline and Appeals Policy [and any other relevant Guidance & Strategy documents]. Objectives, vision and policies I will promote the objectives of the Guild of Students and in particular my own Officer remit. I will regularly review the Guilds vision, values and long term strategy and communicate with others to ensure targets and goals are met. I will demonstrate appropriate examples of leadership, such as understanding delegated responsibility, ensuring that the Guild of Students complies with the law and not acting in a way that contradicts the Guild of Students policies and procedures. I will ensure that policies agreed by the Officer Group through correct channels are implemented effectively across the Guild of Students. Responsibilities and relations with others I understand that I share a collective and individual responsibility to the rest of the Guild Officers and to the Guild of Students.

1.2

1.3

1.4

1.5

2. 2.1 2.2 2.3

2.4 3. 3.1

Guild Officer Code of Conduct

3.2 I will produce plans outlining my actions for an effective year of office, and will work with the staff team to ensure synergy with on-going projects. I will act constructively with the Guild President and CEO to prioritise actions in line with the Guilds Strategic plan, and I recognise my responsibility to support the Guild President, my fellow Guild Officers, the CEO and other senior staff members. I will strive to establish respectful, courteous and supportive relationships with all whom I come into contact with in my role as Guild Officer. I will seek to provide high quality and professional representation to all members of the Guild of Students. I will seek to complete the hours required to meet the requirements of my Officer post. I acknowledge that this may include evenings and weekend as required. I will produce effective handover of duties to the incoming Guild Officer team and will support the Guild of Students in its annual training and development period and handover phase to ensure all Officers receive adequate training. Committees and Meetings I will strive to attend all Guild and University committees and meetings which are relevant to my post. I will be punctual and in any cases where I am unable to attend a Guild or University committee/meeting, I will submit apologies in advance to the appropriate secretary or chair of the meeting. I understand that if I fail to attend three meetings, without submitting apologies, I may be required to face disciplinary action. I will ensure that I have prepared well in advance of any meetings I attend, by reading any minutes, agenda and accompanying papers. I will attend to any necessary action points prior to the relevant meeting. I will also attend appropriate briefing sessions with Guild staff prior to meetings as and when required. I will honour the authority of the chair of the relevant committee/meeting and respect his or her role as leader. I will engage in debate and voting at committees/meetings in accordance with the applicable procedure, maintaining a respectful attitude toward the opinions of others while making my voice heard. Where decisions of the committee/meeting are made by majority, I will accept a majority vote on an issue as decisive and final, and will not act individually unless specifically authorised to do so. I will maintain confidentiality about what is discussed and happens at a committee/meeting unless authorised by the relevant chair or the Trustee Board to speak of it. If I am attending an external meeting, conference or event as a representative of the Guild of Students (for example, NUS Conference or a regional conference), and I am invited to speak or vote on a motion or policy, I will speak and vote in line with the policy of the Guild of Students and the collective decision of the Guild Officer Group. If I feel unable to do so, I will abstain from speaking and voting, and will not actively campaign against Guild policy or the collective decision of the Guild Officer Group.

3.3 3.4 3.5 3.6

4. 4.1 4.2

4.3

4.4 4.5

4.6

4.7

4.8

Guild Officer Code of Conduct

5. 5.1 Guild of Students Staff I will ensure that under no circumstances will I partake in discussion on matters relating to staff performance, pay or behaviour etc. other than at R&HR Committee and the Trustee Board. During formal meetings, I will refer to staff by post title, rather than name. At meetings at which staff matters are discussed, I understand that minutes shall be held in reserved or closed business, and the minutes will not be published. The Chief Executive (or nominee) will keep a written confidential record of the discussion which will be signed as an accurate record by the Chair of the meeting. I will ensure that there is no reference to staff members through any form of student media, elections or referenda save for sign posting services provided by the Guild of Students. I acknowledge that in order to provide advice and continuity on Guild business, the Chief Executive or his or her nominee will be in attendance at all meetings of the Sabbatical Officer Group, Guild Officer Group, committees of the Trustee Board and Guild Council. While the Chief Executive will normally be invited to attend meetings of the Trustee Board, the trustees reserve the right to meet without the Chief Executive. I acknowledge that courtesy between Officers and staff is expected at all times, and I will seek to establish respectful, courteous and supportive relationships with all staff with whom I come into contact. I will always take an active role in motivating staff members and will never act in a way to discourage individuals from becoming involved in the Guild of Students. I will seek appropriate professional advice from Guild staff, in line with my post. Whilst I may accept or reject this advice, I understand that if I wilfully reject advice, with detrimental consequences for the Guild of Students, staff members will raise this with their line manager. I will observe the line management reporting structure, and I understand that the Chief Executive is delegated from the Trustee Board with the day to day management of the Guild of Students, and is the senior staff member responsible for the overall staffing team. Staff matters should therefore be directed to the CEO or his or her nominee. Events I will seek to portray a professional and positive manner at all events, including social occasions, conferences, seminars and meetings. I will adhere to any event guidelines, policies and procedures which are in place. I will be mindful that at any event that I attend (in my capacity as an Officer), I will be representing the Guild of Students. I will be particularly mindful of this where alcohol is likely to be available, and I will take prior advice from the President regarding the consumption of alcohol. Where I am invited to speak or vote at an external event, in my capacity as a Guild Officer, I will speak and vote in line with the Guild of Students policy or, if I feel unable to do so, I will refrain from speaking or voting.

5.2

5.3

5.4

5.5

5.6 5.7

5.8

6. 6.1

6.2

6.3

Guild Officer Code of Conduct

7. 7.1 Protecting the reputation of the Guild of Students I will seek to reflect the professional image of the Guild at all times, including by dressing smartly as and when required, acting in a professional manner and always being polite and courteous. I will take responsibility for my actions and behave in a manner that does not damage the reputation of the Guild. When I am speaking as an Officer of the Guild of Students, including to the media or a in public forum, my comments will be considered and will reflect current Guild policy even when these do not agree with my personal views. When speaking as a private citizen, I will strive to uphold the reputation of the Guild of Students and those who work in it, remembering that even in this capacity my responsibility to the Guild of Students is not diminished. Financial Responsibilities I will demonstrate high levels of financial responsibility, in accordance with the responsibilities outlined in detail in the Financial Procedures Manual and the Delegated Authority document. 9. 9.1 Personal gain Unless specifically and lawfully authorised to do so (for example, under the Education Act 1994), I will not personally gain materially or financially from my role as an Officer, nor will I permit others to do so as a result of my actions or negligence. I will document expenses and seek reimbursement according to procedure. Conflicts of interest I will always strive to act in the best interests of the Guild of Students and its present and future membership. Unless lawfully authorised, I will not put myself in a position where my personal interests conflict with my duty to act in the interests of the Guild of Students. I will declare any conflict of interest, or any circumstance that might be viewed by others as a conflict of interest, as soon as it arises. I will submit to the judgment of the Trustee Board and do as it requires regarding potential conflicts of interest. I understand that a failure to declare a conflict of interest may be considered to be a breach of this Code of Conduct. Principles in public life As an Officer of the Guild, I promise to abide by the seven principles in public life. These are: 11.1 SELFLESSNESS The Guild Officer Group should act solely in the best interests of the Guild of Students and its present and future membership. They should not act in order to gain financial or other material benefits for themselves, their family, or their friends.

7.2

7.3

8.

9.2 10. 10.1 10.2 10.3 10.4 10.5 11.

Guild Officer Code of Conduct

11.2 INTEGRITY The Guild Officers should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties. 11.3 OBJECTIVITY In carrying out their duties and responsibilities, and in making decisions, the Guild Officer Group should make choices on merit and objective grounds. 11.4 ACCOUNTABILITY The Guild of Students and its Officers will be accountable for their decisions and actions. Everything the Guild of Students and its Officers do will be able to stand the test of scrutiny by the Guilds students, the University of Birmingham, the public, the media, charity regulators, funders, Parliament and the courts. 11.5 OPENNESS The Guild of Students seeks to maintain an atmosphere of openness throughout its organisation. The Guild Officers should be as open as possible about all the decisions and actions that they take. Whilst respecting confidentiality, they should seek as far as is appropriate to give reasons for their decisions in order to promote confidence in the Guild of Students by its members and staff, the University of Birmingham, the public, charity regulators and Parliament. 11.6 HONESTY The Guild Officers have a duty to declare and properly manage any conflicts of interest and should seek to uphold the principle of honesty in all their dealings. 11.7 LEADERSHIP The Guild Officers should promote and support the above principles by leadership and example. 12. 12.1 Performance I understand that failure to perform to expected standards or substantial breaches of any part of this Code of Conduct may ultimately result in my removal as a Guild Officer. I acknowledge that any such performance matters will be dealt with in the first instance by the President, via an informal process (or, in the case of the President, by a Lay Trustee). If the matter is not resolved, the matter will escalate to the formal Officer disciplinary process, as outlined in the Guild Officer Group Discipline and Appeals Policy.

12.2

Signed:. Name:.. Date:..

5. University Action Against Protest

GC.5.12.5

GUILD COUNCIL MEETING DATE OF MEETING 01.05.12

Author Name: Ben Aylott Purpose: Mandate Officer(s) or Committees(s) Summary: For the Guild to condemn the university's action to threaten students with disciplinary action for their participation in the Protest Against the Protest Ban and reaffirm its demand that the injunction potentially banning all stationary protests on campus be lifted. Section Three: Mandate A Guild Officer(s) or Committee 3.1. Person(s) Responsible For Delivering Mandate Sabbatical Officer Team 3.2. Completion Date for Mandate 8th May 2012 3.3. Mandate Text (shall normally be no more than 200 words) 1. For the Sabbatical Officer Team to make every effort to find which students have been sent these letters and assure them they have the Guild's unqualified support. 2. For the President to write a public letter posted on the Guild's website to the University (i) expressing the Guild's opposition to it taking or threatening disciplinary action against any student for taking part in the Protest Against the Protest Ban where there is no ground to do so (ii) highlighting the undue amount of stress this has caused students during their exams (where relevant) (iii) to reaffirm the Guild's demand that the injunction against protests be lifted (iv) to reaffirm the Guild's support for peaceful protest on campus and the right of students to be involved and challenge the way the University is run. Section Four: Written Statement in Support of Motion (please do not go outside the box) As of April 26th at least ten students have been sent letters by the University containing ambiguous warnings of potential disciplinary action against them and asking that they come to a meeting. It is not clear whether this meeting is an investigatory meeting or simply an initiative by the University to scare students from participating in future protests or attempt to identify and incriminate other students. The 'Protest the Protest Ban' march was over two ago yet the university have waited until the first week of exam period to threaten students with unsubstatiated and vague allegations of mis-conduct under University regulations. If you have any queries, please e-mail council@guild.bham.ac.uk

5. University Action Against Protest

Over the last three years the University has attempted to bring over 60 disciplinaries against University of Birmingham students for taking part in protests, none of which have resulted in anyone being found guilty. Despite no one being found to have broken any University regulations these disciplinaries caused huge amounts of stress to those involved and took up a considerable amount of their time. The Guild must support students targeted by the University for simply participating in protests on campus and reaffirm its demand that the injunction banning occupational protests (which can be interpreted as stationary protests) be lifted.

If you have any queries, please e-mail council@guild.bham.ac.uk