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Halifax College Students' Association Constitution

Halifax College Students' Association Constitution
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This copy of the HCSA Constitution is up to date as of the end of the Summer Term, 2009.
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Preamble

This constitution is dedicated to Edward Frederick Lindley Wood, 1st Earl of Halifax (1881-1959).

I: Definitions

1 In this constitution:

a HCSA = Halifax College Students’ Association
b GSA = University of York Graduate Students’ Association
c YS= York Sport
d YUSU = University of York Students’ Union
e RAG = Raising and Giving
f LGBT = Lesbian, Gay, Bisexual and Transexual
g College = Halifax College
h University = University of York

2 Week numbers and term dates used in this constitution will be those used by the University.

II: The Constitution

1 This is the constitution of the Halifax College Students' Association.

2 HCSA is an unincorporated association which has exempt charitable status due to its association with Halifax College at the University of York.

3 HCSA will work in accordance with:

a the law
b this constitution
c the College constitution
d University regulations

4 HCSA will guard its independence, in accordance with the best interests of its Members. No part of this constitution may be interpreted as delegating or giving powers to any other organisation, except the College Council.

5 This constitution may only be changed by a two-thirds majority at a quorate Members’ Meeting.

6 Disputes regarding the interpretation of this constitution should be dealt with by the Complaints Procedure set out in Article VI.

III: Vision Statement

1 Halifax College Students’ Association exists to provide outstanding services and representation which improve the University experience for all Halifax College students.

2 We will do this by:

a being honest and open
b listening and consulting
c celebrating our diversity
d improving our environment
e being efficient and effective
f respecting the local community
g promoting equality of opportunity
h raising the profile of Halifax College
i defending the interests of our Members

3 When making decisions, HCSA will always take the option it believes to be closest to its Vision Statement.

IV: Membership

1 Full Members of HCSA are:

a any graduate member of Halifax College
b any undergraduate member of Halifax College
c any member of Halifax College granted leave of absence for up to a year
d any GSA, YS or YUSU sabbatical officer who was a member of Halifax College when elected

2 Associate Members of HCSA are:

a anyone granted honorary membership by the Executive Meeting
b anyone who has left the University, but was formerly a Full Member
c anyone employed on behalf of HCSA
d anyone employed on behalf of Halifax College

3 Full and Associate Members have the right to use all services provided by HCSA, except where the Executive Meeting votes to exclude a Member from using a service.

4 Associate Members may not normally receive financial payments from HCSA. They may not participate in the governance of HCSA in any way, including standing for or voting in elections.

V: Right to Opt-Out

1 Members have the right to leave by informing a Major Officer of their decision. They will no longer be a Member of HCSA.

2 Members who have left, but who qualify for membership, may rejoin by informing a Major Officer of their decision. They will become a Member of HCSA again from the start of the next term.

3 Non-Members who would qualify for membership have the same rights as Associate Members.

VI: Complaints Procedure

1 If you are unhappy with the conduct of an Officer, the decision of an Executive Meeting or the interpretation of this constitution, then you may make a complaint to any Major Officer. If the complaint refers to a Major Officer then it should be given to any Officer.

2 This Officer will inform the next Executive Meeting of the complaint and will try to find a solution which can be agreed by both groups.

3 If no solution can be found, then the Executive Meeting will decide what action should be taken.

4 If you are not satisfied with this decision you have the right to take your complaint to the College Council, whose decision will be final.

VII: Equal Opportunities

1 HCSA recognises the diverse needs of its membership. We will treat all our members with respect and aim to serve them in an appropriate way.

2 We will not discriminate on the grounds of:

a age
b race
c class
d creed
e gender
f religion
g disability
h nationality
i ethnic origin
j marital status
k parental status
l sexual orientation
m unrelated medical condition
n unrelated criminal conviction

3 We may establish procedures to redress any discrimination in the College. These must be proportionate and applied fairly.

VIII: Officers

1 The following positions may be held by one Full Member:

a President
b Vice-President
c Vice-President
d Secretary
e Treasurer
f Disability officer
g LGBT officer
h Male Welfare officer
i Female Welfare officer
j Student Families’ officer
k Mature Students’ officer
l International officer
m Graduate College Council officer
n Undergraduate College Council officers
o Court Entertainments officers

2 The following positions may be held by up to two Full Members:

a Website officer
b Sponsorship officer
c Merchandise officer
d Press and Publicity officer
e Environment officer
f Student Action officer 
g Graduate Ordinary officer 
h Undergraduate Ordinary officer 
i Graduate Campaigns officer 
j Undergraduate Campaigns officer 
k Alumni officer

3 The following positions may be held by up to four Full Members:

a Male Sports officer
b Female Sports officer
c Common Room Officer
d Live Music officer
e Equipment officer
f Raising and Giving officer 

4 People jointly holding a position will between them have one vote and count as one Officer in the quoracy count for an Executive Meeting. They can only be censured, no-confidenced or resign as a group.

5 If people jointly holding a position do not agree on how they should vote in an Executive Meeting, then they must abstain, or their vote will not be counted.

6 The Officers are the trustees of HCSA. They are jointly and severally responsible for its good financial and general management.

7 For the Education Act 1994, the Major Officers are the:

a President
b Vice-President(s)
c Treasurer

8 An Officer may resign by submitting a letter of resignation to any Major Officer.

a If a motion of no confidence is successful against a Major Officer then there must be an election to appoint their successor.

9 If an Officer is unable to do their job then the President, or an Officer appointed by them, will temporarily take over their position. The next Executive Meeting may delegate their work to another Officer.

IX: Members’ Meetings

1 The President will call a Members’ Meeting if:

a fifty Full Members have signed a petition calling for one
b one-third of the Executive Meeting votes to hold one
c it is week six and no Members’ Meeting has been held and it is the Summer term

2 The sovereign body of HCSA is the Members’ Meeting, except where overruled by the College Council, which is given supremacy by this constitution.

3 All Officers must attend each Members’ Meeting or send their apologies.

4 The agenda of the Members’ Meeting will be:

a Apologies
b Minutes of the last Meeting
c Matters arising
d Officers’ reports
e Questions to Officers
f Motions
g Constitutional amendments
h Any other business

5 At least six days notice of a Members’ Meeting will be given.

6 The President, or an Officer appointed by them, will chair Members’ Meetings in accordance with the rules for an Executive Meeting, except that all Full Members may speak and vote, as long as they respect HCSA’s Equality policy. Only Full Members may submit or second a motion to a Members' Meeting.

7 The quorum for a Members’ Meeting is fifty Full Members of HCSA. The Members’ Meeting may not vote on any matter unless quorate. The chair will make a quoracy count at the start of each Members’ Meeting. Only Full Members may vote at a Members' Meeting.

8 A quorate Members’ Meeting may overrule the decision of an Executive Meeting if passed by a two-thirds majority.

9 Constitutional amendments will be treated as motions, except that they must be passed by a two-thirds majority at a quorate Members’ Meeting. At least six days notice of a constitutional amendment must be given to Members.

10 At any stage of the meeting, any Full Member may propose a change of Chair. For this proposal, another officer must take the chair for the debate and vote.

X: Executive Meetings

1 The Executive Meeting will carry out the day to day management of HCSA.

2 All Officers must attend each Executive Meeting or send their apologies.

3 If an Officer does not attend two consecutive Executive Meetings without giving their apologies, the President will notify them that if they fail to attend the next Executive Meeting they will be subject to an automatic vote of no confidence, which will be proposed by the meeting chair.

4 The Executive Meeting:

a sets HCSA policy
b holds all Officers to account
c controls all HCSA committees
d works to implement our Vision Statement

5 There will be at least five Executive Meetings during each term. At least two days notice of an Executive Meeting will normally be given to all Officers.

6 The President, or an Officer appointed by them, chairs Executive Meetings. The decision of the chair in Executive Meetings will be final.

7 The chair:

a chairs and sets the agenda of Executive Meetings
b keeps the Executive Meeting in order
c decides who may speak and for how long
d may ask any Member to leave due to their conduct
e may only vote to break a tie
f administers these rules and gives points of information
g closes the Executive Meeting

8 Members may attend and speak at Executive Meetings, at the chair’s discretion.
9 Only Officers may vote at Executive Meetings. Voting will be by a simple majority.

a Court Officers of St Lawrence, Younger will have one vote between them. This also applies to Ingram, Irwin, Lindley and Wood whose Court officers will also have one vote between them. And so again to the Court officers of Ainsty, Hickleton and McHugh shall have one vote between them.

10 The quorum for Executive Meetings is half the number of filled positions, rounded down to the nearest whole number. The Executive Meeting may not vote on any matter unless quorate. The chair will make a quoracy count at the start of each Executive Meeting.

11 The Executive Meeting may vote to sit in private. Non-Officers must leave at this point, unless invited by the chair to remain. They may return when the Executive Meeting votes that it should sit in public again.

12 The minutes of all Executive Meetings held in public, when approved by the next Executive Meeting, will be published on the HCSA website and notice boards.

13 The Executive Meeting may set up and appoint committees, which must be chaired by an Officer. They must report back to the Executive Meeting, which may overrule their decisions.

XI: Motions

1 A motion is passed if a simple majority of Officers present at a quorate Executive Meeting vote for it. Voting is by a show of hands and is counted by the chair.

2 Motions must be proposed by and seconded by an Officer. They must be submitted to the President at least three days before the Executive Meeting. Motions submitted late may proceed at the President’s discretion. The President has the right to delay any motion until the next Executive Meeting.

3 All motions will, wherever possible, be available on the HCSA website and notice boards before the Executive Meeting.

4 If amendments are proposed to a motion, then the proposer is asked if they accept them. If the proposer accepts them, then they become part of the motion.

5 Motions which are passed come into effect at the end of the Executive Meeting. All motions will continue to be in effect for five years, unless overturned or superseded.

6 The Executive Meeting may pass a motion of censure against an Officer. The motion must explain how the Officer has displeased other Officers. A motion of censure has no formal consequences.

7 The Executive Meeting may pass a motion of no-confidence against any Officer. A motion of no-confidence requires a simple majority to succeed. If the motion is passed, the Officer concerned will be suspended from office.

8 A motion of no-confidence must be confirmed at an Executive Meeting at least six days later. If the vote of no-confidence is upheld by a two-thirds majority, the Officer will immediately be removed from office. If it is not upheld, then the motion fails and the Officer is no longer suspended.

9 If you are unhappy with a motion of censure or no-confidence, then you have the right to take your complaint to the College Council, whose decision will be final.

10 If a motion of no confidence is successful against a Major Officer then there must be an election to appoint their successor.

XII: Presidential Policy

1 The President may make Presidential policy, which has the same effect as a motion of the Executive Meeting.

2 Presidential policy may only be made if it:

a is not a constitutional amendment
b is not a motion of censure or no-confidence
c was not possible for an Executive Meeting to be called, or the Executive Meeting was not quorate
d only takes effect until the next quorate Executive Meeting
e is presented to the next Executive Meeting for approval
f does not contravene an existing motion

XIII: Affiliations

1 The Executive Meeting may vote to affiliate HCSA to external organisations. This will be done through a motion.

2 A report on all affiliations to external organisations will be published by the Treasurer each year and will be made available on request to any Member.

3 A referendum will be held on any affiliation to an external organisation if the College Council requests it. It will be conducted as a by-election, with ‘Yes’ and ‘No’ treated as the only candidates. The question will be ‘Should HCSA continue to affiliate to aaaa?’, with aaaa being the name of the affiliate.

XIV: Finance

1 HCSA is responsible for conducting its financial affairs in accordance with its vision statement and to maintain solvency.

2 HCSA may spend money on political debate, but may not give money to political parties or causes not related to its Members’ education or welfare as students.

3 HCSA will hold an account for its own funds, in addition to any account for any direct or indirect grants from the University. Funds may only be taken from these accounts with the approval of two Major Officers and subject to conditions agreed by an Executive Meeting.

4 HCSA may open further accounts to which the same conditions will apply.

5 The HCSA financial year will run from 1 January until 31 December each year.

6 The Executive Meeting will prepare and agree budget each January for the purpose of any direct or indirect grants from the University. The full budget for the year must then be presented to the College Council.

7 The College Provost is requested to monitor the expenditure of University funds. They will make sure that our accounts are accurate and properly audited. They will inform the Executive Meeting of any concerns.

8 A copy of the HCSA accounts will be made available to any Full Member and the College Provost on request.

9 All expenditure and income must be approved by an Executive Meeting.

10 All funds from commercial activities must be paid in to the HCSA accounts within 7 days of the activity taking place.

11 In the event of impending financial difficulties the President will inform the College Provost and the YUSU president immediately.

12 HCSA will aim to make a significant profit on all commercial activities it undertakes.

13 No contract with a financial consideration or which commits HCSA to a financial liability will be entered into without the express approval of an Executive Meeting.

14 HCSA will prepare and keep up to date an assets register with the assistance of the College and YUSU.

15 Assets fully owned by HCSA may be sold or rented out to other organisations at a price and subject to the conditions agreed by the Executive Meeting.

16 Officers will not be liable for any losses, liabilities, damage or misfortune sustained during the proper execution of their office. They will however be liable for the effects of any negligent, criminal or fraudulent act committed by them.

17 In the event of HCSA being dissolved, any assets will be held in trust by the College to be used for the benefit of their students. If the College no longer exists, then any assets will be given to an educational charity chosen by the final Executive Meeting.

XV: Elections

1 The Officers of HCSA will be elected on a weekday during week 7 or 8 of the autumn term.

2 At least six days notice of the elections will be given. At least five days for campaigning will be given.

3 The Vice-President will act as Returning Officer, unless the Executive Meeting appoints another Officer to do the job.

4 If the Returning Officer is no-confidenced within seven days of the elections, then all results will become void and elections will be reheld at an appropriate time. A new Returning Officer will be appointed.

5 The Returning Officer:

a presides over the elections
b organise them in an unbiased way
c may not vote, except to break a tie
d may not campaign for any candidate
e has the final decision in all matters regarding the elections
f sets out and organises election rules

6 Full Members may stand for election, nominate candidates and vote, except that:

a Officers may not nominate candidates
b no Member may stand for more than one position
c The Returning Officer may not stand for election

7 Candidates must submit an official nomination form by the deadline. This will include their photo, their signature and the signatures of four nominators. The deadline and availability of
nomination forms will be publicised.

8 The Returning Officer will organise a hustings. Candidates do not have to take part, but hustings must be informed if a candidate fails to attend. There are no hustings for by-elections.

9 Candidates must not:

a campaign before 8 am or after 10 pm
b campaign until nominations have closed
c spend more than £10 in total on their campaign. All printing should be handled by the YUSU print room in accordance with the election rules. The costs of all publicity must be declared to the Returning Officer.
d harass voters on their way into the polling station
e loiter within the polling station during polling hours
f combine publicity when standing for different positions
g have publicity within the polling station during polling hours
h attempt to influence voters in the process of voting
i use electronic methods of advertising other than those provided for in the election rules

10 The elections are held using the single transferable vote system, using the most recent rules issued by the Electoral Reform Society. During the main elections, voters will be given the chance to vote to re-open nominations (RON). At by-elections, if there is only one candidate for a position at the deadline, they will be considered to have been elected. The elections will be conducted by online voting. The system used must be impartial, accurate and explain to voters how they can vote.

11 Successful candidates take office at midnight on the 1st January, or from the following midnight in the event of a by-election.

12 If a place remains unfilled after the elections, then a by-election will be held, in accordance with the rules for the main elections. By-elections will be held commencing week 2 of the spring term. If the by-election is uncontested then the next Executive Meeting will appoint the candidate to the position. If no candidate is found, then the next Executive Meeting may make an appointment to the position.

13 The Returning Officer will set further election regulations. All candidates must comply with these regulations.

14 By standing for election, each candidate agrees that they may be sanctioned by the Returning Officer as follows if they fail to observe the election regulations:

a Written Warning
b Fine of no more than £10
c Removal of publicity
d Disqualification

15 Any Full Member may make a complaint to the Returning Officer about the conduct of any candidate.

16 The main polling station must be open for at least eight hours over two days during the main elections. The main polling station should be located within Halifax College. Another polling station should be located at another venue at the University. During by-elections, one polling station should be open for at least five hours over one day. If the elections are being conducted by online voting, then the system must be open for voting for at least forty-eight hours.

XVI: Officers’ Responsibilities

1 Every Officer:

a works to uphold this constitution
b helps staff events, as requested
c assists with Welcome week activities
d helps to publicise HCSA, as requested
e assists the other Officers, as requested
f takes part in all relevant training offered
g works to implement our Vision Statement
h attends Executive Meetings and Members’ Meetings, or sends their apologies
i represents HCSA on any GSA, YS, YUSU, College or University committees, as appropriate
j upholds HCSA’s ethical and equality policies
k follows HCSA’s financial policy
l abides by decisions made by the Exec Meeting

2 The President:

a performs the duties applicable to every Officer
b cannot be elected in their final year of University
c holds a seat on the College Council, or may send a representative
d holds a seat on the YUSU senate, or may send a representative
e organises Executive Meetings
f organises Members’ Meetings
g is a signatory of HCSA accounts
h signs off all HCSA events
i co-ordinates the work of the other Officers
j delegates work of Officers unable to do their job

3 The Vice-Presidents (Welfare & Services):

a performs the duties applicable to every Officer
b cannot be elected in their final year of University
c is a signatory of HCSA accounts
d works with and assists the President
e take on either a services or welfare mandate to be decided between them or by the President
f usually acts as Returning Officer for the elections
g ensures that all resources are adequately insured
h deputises for the President if unable to do their job

4 The Treasurer:

a performs the duties applicable to every Officer
b cannot be elected in their final year of University
c keeps the HCSA financial accounts
d is a signatory of HCSA accounts
e prepares and publishes annual accounts
f ensures that all accounts are properly audited
g shows the accounts to any Full Member or the Provost on request
h ensures the correct working order of coin-operated machines owned or hired by HCSA i encourages the use of environmentally friendly and fair trade products and services by HCSA
j works with the Alumni officer to ensure that all Alumni income and expenditure is kept in separate accounts from HCSA's own funds

5 The Secretary:

a performs the duties applicable to every Officer
b maintains the HCSA office
c keeps the list of HCSA Officers
d organises the supply of stationary
e looks after the HCSA notice boards
f ensures that copies of the constitution are available
g keeps an accurate record of all Motions which are in force
h takes and communicates the minutes of Executive Meetings and Members’ Meetings and writes for the weekly college newsletter.

6 The LGBT officer (2 positions):

a performs the duties applicable to every Officer
b must self-define as gay, bisexual or trans
c promotes LGBT liberation and awareness
d encourages the combating of LGBT discrimination
e campaigns on gay, bisexual and trans issues
f promotes the HCSA Equality policy
g runs a weekly 'drop in’ when adequately trained
i provides support to any Member experiencing difficulties relating to sexuality
7 The Male Welfare officer:

a performs the duties applicable to every Officer
b must be male
c promotes the HCSA Equality policy
d runs a weekly 'drop in’ when adequately trained
e ensures that welfare information is available to Members
f works with the Female Welfare officer to co-ordinate the STYC scheme

8 The Female Welfare officer:

a performs the duties applicable to every Officer
b must be female
c promotes the HCSA Equality policy
d runs a weekly ‘drop in' when adequately trained
e ensures that welfare information is available to Members
f works with the Male Welfare officer to co-ordinate the STYC scheme

9 The Disability officer:

a performs the duties applicable to every Officer
b promotes equality for disabled Members
c campaigns for better facilities for disabled Members
d promotes the HCSA Equality policy
e ensures that information about disability is available
f provides support to any disabled Member experiencing difficulties
g works with other welfare officers to run a weekly 'drop in' when adequately trained

10 The Student Families’ officer:

a performs the duties applicable to every Officer
b represents Members with families
c promotes the HCSA Equality policy
d communicates any relevant issues
e liaises with the Student Families’ Association
f must be a member of the Student Families’ Association when elected
g represents the views of Student Families' Members at College Council meetings
h works with the other officers on the College Council to represent the views of all Members

11 The Mature Students’ officer:

a performs the duties applicable to every Officer
b represents Members who are Mature Students’
c promotes the HCSA Equality policy
d communicates any relevant issues
e liaises with the Mature Students’ Association
f must be classified by the University as a mature student when elected

12 The International officer:

a performs the duties applicable to every Officer
b must hold a citizenship of a country other than the United Kingdom
c represents overseas Members
d promotes the HCSA Equality policy
e communicates any relevant issues
f liaises with the Overseas Students’ Association

13 The Graduate College Council officer:

a performs the duties applicable to every Officer
b must be a graduate student when elected
c represents the views of graduate Members at College Council meetings
d works with the other officers on the College Council to represent the views of all Members

14 The Undergraduate College Council officer (2 positions):

a performs the duties applicable to every Officer
b must be an undergraduate student when elected
c represents the views of undergraduate Members at College Council meetings
d works with the other officers on the College Council to represent the views of all Members

15 The Male Sports officer:

a performs the duties applicable to every Officer
b must self-define as male
c maintains the sports notice board
d promotes college sport for members
e works with the Female Sports officer
f organises inter-college sports matches
g deputises as team captain, as necessary
h publishes the results of relevant sports matches

16 The Female Sports officer:

a performs the duties applicable to every Officer
b must self-define female
c maintains the sports notice board
d promotes college sport for members
e works with the Male Sports officer
f organises inter-college sports matches
g deputises as team captain, as necessary
h publishes the results of relevant sports matches

17 The Website officer:

a performs the duties applicable to every Officer
b looks after computers owned by HCSA
c maintains the HCSA website
d co-ordinates HCSA consultation exercises
e organises and maintains the HCSA e-mail system
f works with the Press and Publicity officer on the format and branding of the website

18 The Sponsorship officer:

a performs the duties applicable to every Officer
b gains sponsorship subject to conditions set by the Executive Meeting

19 The Merchandise officer:

a performs the duties applicable to every Officer
b organises the purchase and sale of College and/or HCSA merchandise
c ensures merchandise meets the standards outlined in HCSA’s policies

20 The Press and Publicity officer:

a performs the duties applicable to every Officer
b works with the Website officer on the format and branding of the website
c works with the other Officers to publicise services and events to the College
d works with Derwent JCRC to publicise services and events to Eden’s Court residents
e works with the Court Entertainments officer on the format and branding of social events

21 The Environment officer:

a performs the duties applicable to every Officer
b raises awareness of environmental issues
c organises projects to improve our environment
d gives advice to other Officers on environmental issues

22 The Student Action officer:

a performs the duties applicable to every Officer
b promotes Student Action in the College
c is responsible for Student Action events in the College
d works in accordance with the Student Action constitution

23 The Raising and Giving officer:

a performs the duties applicable to every Officer
b promotes RAG within the College
c co-ordinates College RAG events
d is responsible for RAG events in the College
e works in accordance with the RAG constitution

24 The Graduate Ordinary officer:

a performs the duties applicable to every Officer
b must be a graduate student when elected
c works with other Officers to assist them with their jobs

25 The Undergraduate Ordinary officer:

a performs the duties applicable to every Officer
b must be an under graduate student when elected
c works with other Officers to assist them with their jobs

26 The Graduate Students' officer:

a performs the duties applicable to every Officer
b must be a graduate student when elected
c represents the HCSA on the GSA

27 The Common Room officer:

a performs the duties applicable to every Officer
b is responsible for running the weekly quiz and other common room events
c responsible for running 'Fax Off trips to UK cities

28 The Equipment officer:

a performs the duties applicable to every Officer
b ensure the maintenance of HCSA equipment
c obtains and sets up the necessary equipment for events

29 The Live Music officer:

a performs the duties applicable to every Officer
b invites GSA and YUSU societies to perform live music events within the College
c invites bands from outside the University to perform live music events within the College
d encourages these groups to support and take part in HCSA activities

30 The Court Entertainment officer (9 positions, 1 per court):

a performs the duties applicable to every Officer
b organises and ensures the smooth running of social events for their court and for the college
c applies for necessary bar extensions and drinks promotions
d aims to minimise disruption caused to the local community by social events
e works with the Communications officer on the format and branding of social events
f works with college welfare tutors to run events to integrate their court
g reports to the Vice-President concerned with services on running events

31 The Alumni officer:

a performs the duties applicable to every Officer
b is editor of the twice yearly magazine for Alumni members
c organises social events for Alumni members
d represents the views of Alumni members to the Executive Meeting
e works with the College and University to ensure that Alumni members can continue to play a part in College life
f works with the Treasurer to ensure that all Alumni income and expenditure is kept in separate accounts from HCSA's own funds
g assists the College in fundraising from Alumni members

End.