Constitution

as created 26/06/2019

The following is the DSU-dictated new constitution.

The previous Constitution, last updated by the Society on 19/06/2019, can be found here.

Name, Aims, and Organisation
1. The Student Group shall be called Durham University Treasure Trap, but in this Constitution shall be referred to simply as the Student Group.
2. The aims of the Student Group are:
  1. To run a mediaeval fantasy live roleplay system (“the Game”) for its members.
  2. To hold regular adventures and interactive events using this system.
  3. To provide access to a stock of equipment for use in the Game.
  4. To run appropriate traditional eating and drinking events.
  5. To help its members gain skills related to the Game, including weapons skills.
  6. To support members’ participation in other live roleplay systems.
  (the Aims).
3. In order to achieve its Aims, the Student Group may:
  1. Run the Game.
    1. The Game shall be governed by the Game Rules, and run day-to-day by the Ref Team. The Ref Team shall rule on ambiguities in the Game Rules (defined as “Any mechanised means by which the Game operates. This includes, but is not limited to, skill trees, calls, and abilities.”). The Ref Team shall also rule on changes to the Game World (defined as “Any narrative aspect of the setting of the Game. This includes, but is not limited to, in-character religious or cultural briefs for different locations, and the passage of time during events.”) as a result of in-Game events. Any action which alters the Game World (for example, granting a character special powers or introducing an item) other than those specifically permitted by the Game Rules must be approved by the Ref Team. The Ref Team shall consist of:
      1. A Head Ref, who shall have ultimate responsibility for the activities of the Ref Team.
      2. A number of refs, appointed by the Head Ref, who shall assist the Head Ref in the running of the Game.
    2. The Ref Team may make both short- and long-term rulings that clarify ambiguities or fill gaps in the Game Rules (Ref Rulings), which may last up to the end of the academic term. For a Ref Ruling lasting longer than the duration of an event to be valid, it must be publicly posted to all members via a Ref Rulings page on the Treasure Trap Website, and shall not be valid until so posted. The Ref Team must submit these Rulings to the next General Meeting, and if a Ref Ruling falls or is not submitted to the General Meeting, that Ref Ruling may not be made again by the same Ref Team.
  2. Run the Third Year Goodbye (“3YGB”).
    1. The running of a major adventure at the end of each academic year, to be known as the Third Year Goodbye (“3YGB”), shall be the role of a separate team of refs under a 3YGB Head Ref, who shall have ultimate responsibility for the running of the event, and may appoint other refs to assist with their duties. The focus of this event is to provide student members with the experience of running and participating in a countrywide LARP event. The Budget for the 3YGB must be approved by the Treasurer. This event will by default be considered canon, but may be declared non-canon at the discretion of the incoming Head Ref. The 3YGB refs should endeavour to give third year students some extra attention during character creation. A third year is here defined as someone who is currently in their third year at Durham University, or has chosen (for whatever reason) to defer their third year to a subsequent year . At the discretion of the 3YGB Head Ref, a member of the society who has participated in a reasonable number of regular events for three years, or any other member in extenuating circumstances, may also be designated as a third year. A person who has participated in a 3YGB as a third year may not then again participate as a third year.
  3. Hold the annual Banquet, an event consisting usually of the Pre-Banquet Bash (a one- session game to be held before the Banquet), and the Banquet itself (involving mediaeval food, drink, dancing, and dress), held in the second academic term.
  4. Carry out such other activities which the Committee (defined in clause 6) believes will help the Student Group to achieve its Aims, and which are agreed in advance with the Student Groups Committee.
4. The composition, work, and organisation of the Student Group shall be governed by this Constitution and by the Student Group Agreement entered into between Durham SU and the Student Group. If there is a conflict between the two, then the Student Group Agreement will prevail.
5. The Student Group will be overseen on a day-to-day basis by the Chair (with support from the other members of the Committee), and the Chair shall be directly answerable to the Student Groups Committee and the Durham SU Board of Trustees. Notwithstanding this, the Committee is collectively answerable to Durham SU as the body with ultimate responsibility for compliance with the law and with the regulation of the Charity Commission.
Relationship with Durham SU and Durham University
1. The Student Group shall at all times comply with and conduct itself in accordance with the terms of the Student Group Agreement and all relevant Durham SU or Durham University (the University regulations, rules, standing orders, policies, procedures, and codes of practice, etc. in force from time to time, including but not limited to:
  1. The Durham SU complaints procedure;
  2. The agreement in place between Durham SU and the University regarding the use of the University’s name;
  Collectively referred to in this Constitution as the Rules and Regulations.
2. The Student Group shall not, and shall not purport to, make or enter into any commitments for and on behalf of Durham SU or the University except as otherwise agreed in advance with Durham SU and/or the University (as applicable).
3. The Student Group recognises that it does not have permission to use the University’s logo.
4. Neither Durham SU nor the University shall be held liable for any debts/financial liability of the Student Group unless otherwise agreed in writing and unless such liability arises from an act or omission on the part of the Student Group as authorised by Durham SU and/or the University (as applicable).
Membership
1. Who can be a member of the Student Group
  1. All members of Durham SU may be a member of the Student Group (hereafter referred to as “Student Members”).
  2. Persons who are not members of Durham SU may, at the discretion of the Student Group, become members of the Student Group (hereafter referred to as “Associate Members“).
2. Minimum membership numbers
  1. There must be at least three members at all times. If the number of members falls below this number, the existing members must immediately notify the Student Groups Committee, who may decide to de-ratify the Student Group if the existing members are unable to promptly secure additional members.
3. Membership fee
  1. As a condition of membership, members may be required to pay an annual fee to the Student Group. The level of that fee (if any) shall be in line with the relevant Durham SU policy on this issue.
4. Membership entitlements
  1. All members shall be entitled to attend all Student Group events (subject to availability and any lawful restrictions that the Officers [defined in clause 6] may impose from time to time).
    1. All members are expected to:
      1. Engage in safe behaviour. The Armourer shall be responsible for ensuring safety in the Game. If any player is judged to be behaving unsafely, disruptively, or threateningly at a Student Group event, the Armourer, the event organiser, a member of the Ref Team, or a member of the Committee may bar them from participating in the event for a limited time or for the whole of the rest of the event.
      2. Abide by the Game Rules. No player shall perform any act which they know to contravene the Game Rules in force at that event. If any player is judged to be acting against the Game Rules, the event organisers or a member of the Ref Team shall first warn them; if they continue to do so, the event organiser may bar them from participating in that event for a limited time or for the rest of the event. The ruling of the organisers on the Game Rules shall be final for that event. If a player disagrees with a ruling, they may raise it with the event organiser, but if the event organiser upholds the ruling, players must abide by that ruling for the remainder of the event.
      3. Accept the authority of the event organisers. The organiser of any Student Group event (in the case of interactives, downtime, and ongoing plot, the Ref Team) shall have responsibility for deciding how the event shall be run. All players shall abide by instructions of the event organisers. If any player is judged to be contravening reasonable instructions of the event organiser, the event organisers shall first warn them; if they continue to do so, the event organiser may bar them from participating in that event for a limited time or for the whole of the rest of the event. If a player disagrees with an action of an event organiser, they should first raise it with the event organiser (in the case of Interactives, the Head Ref); if they are not satisfied that the organiser has dealt with the issue satisfactorily, they should raise the matter with the Committee. Players must not persistently argue with event organisers over their decisions.
      4. Engage in acceptable social conduct. If any member is judged to be behaving unacceptably, in a way which causes distress to other members or brings the Student Group into disrepute, the event organiser or a member of the Committee may bar them from participating in the event for a limited time or for the whole of the rest of the event. Unacceptable behaviour is behaviour which a reasonable member of the Student Group would reasonably expect to cause harm or distress; this includes, but is not limited to, behaviour which is bullying, harassing, sexually harassing, insulting, frightening, or stalking.
      5. If a player seriously or consistently contravenes any of these then the Committee may, by majority vote, ban a player for a period or for life. In the case of a ban over a week, the player shall be entitled to receive a refund of membership fee proportionate to the length of the ban.
  2. All members shall be entitled to Student Group privileges that the Committee may arrange from time to time.
  3. All members shall be entitled to attend the Student Group’s General Meetings and Annual General Meetings (“AGMs”) and put forward agenda items to be considered, although only Student Members can vote at these.
5. Member responsibilities
  1. Members must not act in a manner which brings, or is likely to bring, the Student Group, Durham SU, and/or the University into disrepute.
  2. Each member must, as a condition of membership, sign/agree to a declaration (which will generally be incorporated into the online membership purchase process) confirming that they will, at all times:
    1. comply with the terms of this Constitution, the relevant Rules and Regulations, and all relevant laws and regulations (including but not limited to the General Data Protection Regulation; and
    2. act in the best interests of the Student Group and Durham SU, and uphold the Student Group’s Aims and the objects of Durham SU.
General Meetings
1. A General Meeting may be held at any time during the University’s term time.
2. A General Meeting must be held at least once every University term.
3. All members (subject to the Conflicts of Interest section below) shall be entitled to attend a General Meeting and, if they are Student Members, they shall also be entitled to vote at a General Meeting.
4. The Durham SU Board of Trustees and the Student Groups Committee may each nominate someone to attend and speakat the General Meetings on their behalf should they wish. The non-voting delegates from Student Groups Committee and from the Durham SU Board are there to have a regard for matters of good governance, and not to seek to direct the democracy or activities of the student group. They should inform the Chair of their attendance, and the reason for their attendance, in advance of the meeting they wish to attend. Other persons who are not members of the Student GRoup may also attend the General Meetings but only with the prior consent of the Committee.
5. A General Meeting may be called by:
  1. the Committee; or
  2. ten percent of members of the Student Group.
6. Meetings may take place by video conference or telephone conference or similar means to allow every member to take part in the meeting.
7. Notification of all General Meetings shall be circulated to all members of the Student Group (and, where the agenda of the General Meeting includes a matter of significance, to members of the Student Groups Committee and the Durham SU Board of Trustees) at least 14 days in advance of the meeting date. Notices shall be given in writing, including by email where members have given their consent. For the purpose of this clause 4.7, a “matter of significance” shall include a proposal to amend this Constitution or a proposal to change the rights of the Student Group’s members.
8. Motions to be discussed should be presented to the Student Group Secretary not less than 7 days prior to the General Meeting unless the Committee agrees otherwise.
9. The Chair, or, in their absence, the Vice-Chair (if any) shall chair the General Meeting. In the absence of the Chair and Vice-Chair, the members present at the General Meeting shall elect a chairperson from amongst themselves for that meeting.
10. The Student Group Secretary will take the minutes of the General Meetings.
11. The quorum for General Meetings shall be 10% of the student membership of the Student Group.
12. All decisions at General Meeting will be made by a show of hands or electronic vote, unless at least two members demand a secret ballot. In the case of electronic vote, that vote must be received at the email address set out in the notice of the General Meeting at least 48 hours before that meeting.
13. Motions carried by the necessary majority (i.e. a 50% or more vote in favour of the motion) at quorate General Meetings are binding on the Student Group (unless those motions also require the prior consent of the Student Groups Committee or the Durham SU Board of Trustees, in which case they will need that prior consent also to be binding).
14. A Committee member subject to a proposed motion of no confidence shall be notified of the motion in advance of the General Meeting and be given the opportunity to make representations thereto.
AGMs
1. AGMs shall be held annually prior to the deadline for the Student Group to submit its application for re-registration to the Student Groups Committee, as determined from year to year.
2. All members (subject to the Conflicts of Interest section below) shall be entitled to attend and, in the case of Student Members only, entitled to vote at the AGM.
3. Any person nominated by the Durham SU Board of Trustees and/or the Student Groups Committee may attend and speak at the General Meetings should they wish. The non-voting delegates from Student Groups Committee and from the Durham SU Board are there to have a regard for matters of good governance, and not to seek to direct the democracy or activities of the student group. They should inform the Chair of their attendance, and the reason for their attendance, in advance of the meeting they wish to attend. Other persons who are not members of the Student Group may also attend the AGM, but only with the prior consent of the Committee.
4. Notification of an AGM shall be circulated to all members of the Student Group (and to members of the Student Groups Committee and the Durham SU Board of Trustees) at least two weeks in advance of the meeting date. Notices shall be given in writing, including by email where members have given their consent.
5. Meetings may take place by video conference or telephone conference or similar means to allow every member of the Committee to take part in the meeting.
6. Motions to be discussed should be presented to the Student Group Secretary not less than seven days prior to the AGM unless the Committee agrees otherwise.
7. The Chair, or, in their absence, the Vice-Chair (if any) shall chair the AGM. In the absence of the Chair and Vice-Chair, the members present at the AGM shall elect a chairperson from amongst themselves for that meeting.
8. The Student Group Secretary or their nominated individual will take the minutes of the AGM.
9. The quorum for an AGM shall be 10% of the student membership of the Student Group.
10. At the AGM, the following business shall take place:
  1. Chair’s report.
  2. Report by other Officers (where applicable).
  3. The Student Group Secretary shall report on the administrative affairs of the Student Group.
  4. Approval of the minutes of the last General Meeting.
  5. Approval of the Student Group’s accounts for the preceding year.
  6. Approval of the Student Group’s plan and budget for the forthcoming year.
  7. Constitutional amendments (if any).
  8. Such other business as is considered necessary.
11. All decisions at an AGM will be made by a show of hands or electronic vote, unless at least two members demand a secret ballot. In the case of electronic vote, that vote must be received at the email address set out in the notice of the AGM at least 48 hours before that meeting and validated by the Secretary as eligible.
The Committee
1. Composition of the Committee
  1. The Committee is made up of the following Officers:
    1. The President, who shall oversee the running of the Student Group and will be responsible for acting as or appointing a chair for Student Group General Meetings (note that any references to the Chair in this Constitution will be referring to the President).
    2. The Treasurer, who shall look after the Student Group’s money and keep accounts. They may authorise spending up to £20 without consulting the remainder of the Committee.
    3. The Secretary, who shall be responsible for communicating with members. they shall produce regular email and/or paper newsletters for members, shall be responsible for calling General Meetings and Committee meetings and producing agendas and minutes. They shall ensure that records of the Student Group’s business for at least two years are kept for inspection by members of the society of on request by a representative of DSU. They shall ensure that emergency contact details for all members are accessible at all events (note that any references to the Student Group Secretary in this Constitution will be referring to the Secretary).
    4. Such other positions as the Committee may decide from time to time, and which they may add to their constitutions accordingly.
  2. Non-Committee positions within the society include:
    1. The Social Secretary, who shall have responsibility for organising Student Group events.
    2. The Armourer, who shall have responsibility for the Student Group’s weaponry and for players’ use of weaponry and shall be the Student Group’s safety officer. They shall make sure that weapons used in the Game are safe and used in a safe manner; shall ensure that appropriate risk assessments and safety forms are completed for Student Group activities; and shall organise weapon and prop makes.
    3. The Wardrobe Officer, who shall have responsibility for ensuring all members have access to costume, LARP-safe weapons, and props.
    4. The Web Editor, who shall look after the Student Group’s web pages and keep them up to date, and shall ensure that the official copy of the Game Rules is up to date.
    5. The Head Ref, who shall be responsible for running the Game and the activities of the Ref Team, and for ensuring that emergency contact details have been submitted to the Society prior to someone playing the Game.
    6. The Archivist, who shall look after the Student Group’s archives.
    7. The Banqueting Officer, who shall be responsible for the planning and running of the annual banquet, in consultation with the Social Secretary, and subject to approval by the Treasurer on all financial aspects.
    8. The 3YGB Ref, who shall be responsible for running the next 3YGB.
    9. The Assistant Officers. Any officer of the Society may appoint one or more Assistants, who shall assist them in their duties.
2. Election of Officers and cessation of office
  1. Notwithstanding any provision herein to the contrary, Officers must be elected in accordance with the Durham SU Student Groups Election Policy (as amended from time to time).
  2. Any Student Member may run for a Committee post.
  3. Any Member may run for a non-Committee post.
  4. Subject to clause 6.2.5, all Officers shall commence their posts on the first day of the University’s summer break and shall continue in post until the last day of the University’s third academic term. Prior to the end of their term in post, each Officer shall use all reasonable endeavours to train the incoming Officers, and to ensure a smooth handover.
  5. An Officer’s term in office may cease prior to the last day of the University’s third academic term if:
    1. They resign.
    2. A motion of no confidence is passed at a General Meeting held in accordance with clause 4.
    3. They are removed from their post by the Board of Trustees of Durham SU of its own volition acting reasonably, or on the recommendation of the Panel or Appeal Panel pursuant to clause 11.
    4. They are removed from their post by the Board of Trustees of Durham SU on the recommendation of the Committee which reasonably concludes that such Officer’s tenure is either damaging to the interests of the Student Group or is no longer in furtherance of its Aims or the objects of Durham SU.
    5. In the case of an Officer who is also a trustee of Durham SU, that person ceases to be a trustee in accordance with the articles of association of Durham SU. In these circumstances, they will be deemed to have resigned from the Committee, and their resignation will take effect on the date that their termination from office of trustee takes effect.
    6. They cease to be a member of Durham SU for whatever reason. In these circumstances, they will be deemed to have resigned from the Committee and their resignation will take effect on the date that their membership of Durham SU ends. Details of all resignations, dismissals, and appointments must be sent to the Student Groups Committee within seven days of the resignation, dismissal, and/or appointment (as applicable).
  6. If an Officer post becomes vacant for whatever reason, reasonable steps shall be taken to fill the vacancy in accordance with the process for electing Officers under this constitution.
3. Responsibilities and powers of the Officers
  1. The Committee shall manage the Student Group’s day to day duties, general business and policy.
  2. The Committee may delegate any of its functions to another group or person, but is ultimately responsible for the acts or omissions of such group or person.
  3. The Committee is responsible for the Student Group’s compliance with the Rules and Regulations; the law (including charity law), regulation and best practice; and the Student Group Agreement, and is accountable to the Durham SU Board of Trustees for the same.
  4. The Committee may specify further responsibilities for themselves, or for any Officer, as required.
  5. Upon appointment each Officer shall sign a declaration confirming that they:
    1. Are able and willing to act as an Officer.
    2. Shall attend such training as the Durham SU Board of Trustees and/or the Student Groups Committee may require from time to time.
    3. Will at all times act in the best interests of the Student Group and uphold the Student Group’s aims.
    4. Will at all times act in the best interests of Durham SU and uphold the objects of Durham SU (such as the Grand Sceptre).
The Committee Meetings and Decision Making
1. The Committee must meet at least once in every University academic term.
2. An Officer may call a Committee meeting by writing or email to the Student Group Secretary.
3. Any persons nominated by the Student Groups Committee and/or the Durham SU Board of Trustees may attend and speak at the Committee meetings. Other persons may also attend with the prior consent of the Committee.
4. Notification of a Committee meeting shall be circulated to all members of the Committee (and to members of the Student Groups Committee and the Durham SU Board of Trustees) at least one week in advance of the meeting date. The non-voting delegates from Student Groups Committee and from the Durham SU Board are there to have a regard for matters of good governance, and not to seek to direct the democracy or activities of the student group. They should inform the Chair of their attendance, and the reason for their attendance, in advance of the meeting they wish to attend.Notification may be circulated by email to the email address supplied by the recipients for this purpose, and provided the recipients agree in advance to receive such notifications by email.
5. Meetings may take place by video conference or telephone conference or similar means to allow every member of the Committee to take part in the meeting.
6. The Chair will chair all Committee meetings. If the Chair is unable or unwilling to do so then the Vice-Chair (if any) shall chair the meetings. If the Vice-Chair is unable or unwilling to do so, or if there is no Vice-Chair, those present shall appoint one of their number to chair the meeting.
7. In the event of a tie, the chair of the meeting will have a casting vote.
8. The quorum for a meeting of the Committee shall be two members.
9. The Committee may make decisions outside of meetings, provided that such decisions are recorded by the Student Group Secretary and that all members of the Committee have the opportunity to participate in the decision making process.
Conflicts of Interest
1. A member (including an Officer) who has a conflict of interest in relation to the matters discussed at a General Meeting, AGM, or a Committee meeting must:
  1. At the start of the meeting declare the nature and extent of their interest in the matter in question.
  2. Excuse themselves from the meeting whilst the matter in question is being discussed.
  3. Not be counted in the quorum for the part of the emeting where the matter in question is discussed.
  4. Not vote on the matter in question.
2. The Student Group Secretary must keep a record of all interests declared.
Assets and Financial Matters
1. Assets
  1. All assets (whether tangible or intangible) (“Assets”) purchased by the Student Group (whether from monies raised, grants awarded to it by Durham SU or otherwise) or provided or awarded to the Student Group by Durham SU shall at all times remain the property of Durham SU.
  2. The Student Group and its members shall not cause, or permit to be caused, any damage to the Assets and may otherwise be held liable for any such damage.
  3. For the avoidance of doubt:
    1. Tangible assets are physical assets such as stationery, books, tech/IT equipment, marketing materials and gear.
    2. Intangible assets are non-physical assets such as contracts or agreements, computer software, domain names, trademarks, goodwill and copyright.
2. Bank Account
  1. Unless otherwise agreed with the Durham SU Finance Committee, on the recommendation of the Chief Executive of Durham SU, the Student Group shall not be permitted to maintain its own bank account. All of the Student Group’s funds (the “Student Group’s Funds”) must be deposited into the Durham SU bank account, as nominated by Durham SU from time to time (the “Bank Account”). The Student Group’s funds will ring-fenced from such other funds contained within that Bank Account (i.e. the Student Group’s Funds will be held by Durham SU as a restricted fund).
  2. Money received from members, sponsors, donors, and any other third parties:
    1. Must be immediately deposited into the Bank Account.
    2. May only be used for the purpose it was provided, donated, etc.
    3. Must be immediately returned if provided, donated, etc. for a purpose that is incompatible with the Aims of the Student Group.
  3. It is the Committee’s responsibility to ensure that it instructs Durham SU as to the correct use of, or return of, the Student Group’s Funds held in the Bank Account.
3. Accounting Records
  1. The financial year for the Student Group is the same as that for Durham SU, i.e. 31 July.
  2. The Student Group’s accounts and financial records shall be kept for at least seven financial years and can be inspected by any member of the Student Group, the Student Groups Committee, or the Durham SU Board of Trustees upon request.
  3. The Treasurer is responsible for:
    1. Ensuring that monies received are properly accounted for, and that the Student Group’s financial records are kept in good order.
    2. Presenting the Student Group’s accounts to the members annually at the AGM.
    3. Ensuring that the ordinary expenditure of any given year is not more than the ordinary income of that year.
    4. Presenting an undated budget to the first full meeting of the Committee in the following academic year to be discussed.
4. Miscellaneous
  1. The Student Group shall be non-profit making which means that the members (including the Officers) may only receive payment, direct or indirect, as reimbursement for legitimate expenses reasonably incurred in carrying out activities in furtherance of the Aims.
  2. Any reserves at the end of the financial year shall be carried over into the restricted reserves for that Student Group for the following financial year, unless otherwise agreed by Durham SU.
  3. If the Student Group is suspended or de-ratified by the Student Groups Committee and/or the Durham SU Board of Trustees or the Student Group has been dormant for two years, any balance left in its Bank Account shall be transferred to the Durham SU bank account, as a restricted fund, for the charitable purposes of Durham SU.
  4. Records of the Student Group’s business (whether financial or otherwise) shall be available for inspection by members of the Student Group, the Student Groups Committee, and Durham SU.
Changes to the Constitution and Complaints Procedure
1. Subject to clause 10.2 below, the Constitution may be amended at a General Meeting, with approval of at least two thirds of those members present.
2. Any alteration to the following provisions of this Constitution will require the prior written consent of Durham SU:
  1. Clause 1 — Name, Aims, and Organisation
  2. Clause 2 — Relationship with Durham SU and Durham University
  3. Clause 6.2.4 — Cessation of office of an Officer
  4. Clause 6.3.5 — Requirement for Officers to sign a declaration.
  5. Clause 9 — Assets and Financial Matters
  6. Clause 10 — Changes to the Constitution and Complaints Procedure
  7. Clause 11 — Breach of this Constitution
  8. Clause 12 — Dissolution
3. Any deviation from the Durham SU Complaints Procedure will require the prior written consent of the Durham SU Board of Trustees. A copy of that Procedure is available from the Opportunities team upon request.
Breach of this Constitution
1. If a member is alleged to have breached the terms of this Constitution then those allegations must be promptly reported to a member of the Committee, and the process set out below must be followed.
2. All persons involved in the process must at the outset sign a declaration to confirm that they will deal with the matter sensitively and with respect for the privacy of the relevant member concerned, and shall treat the information that they are privy to as part of the process as confidential.
3. Allegations of breach of this Constitution must, where possible, be dealt with in an informal and prompt manner. However, where this is not possible, or where the relevant member of the Committee believes that the breach is more than minor or has been committed before by the same person, then the Student Groups Committee must be notified and the more formal process below must be followed.
4. An Officer (the Investigatory Officer shall promptly investigate the alleged breach.
5. The Investigatory Officer may, as part of the investigatory process, suspend the member in question as a member of the Student Group. Suspension shall not imply that the relevant member has breached the Constitution — suspension will be a neutral measure designed to facilitate the investigation process.
6. The Investigatory Officer shall share the findings of their investigation with the Panel (defined in clause 11.7).
7. A panel made up of one member of the Committee (but not the Chair or the Investigatory Officer), one member of the Student Groups Committee, and one other member of the Student Group appointed by the Opportunities Officer (the Panel, must promptly discuss the allegation and shall invite the member who is alleged to have breached the Constitution to put forward their views at the meeting. That member may be accompanied by a trusted friend or family member, but not a legal representative.
8. Each Panel member shall have one vote. If the majority or all of the Panel members decide that the member in Question did breach the Constitution then the Panel is authorised to carry out one or more of the following actions:
  1. Issue a written warning to the member;
  2. Suspend or expel the member from the Student Group;
  3. Make a recommendation to the Board of Trustees of Durham SU to suspend or expel the member from Durham SU in accordance with the latter’s Articles of Association;
  4. If that member is an Officer of the Student Group, make a recommendation to the Board of Trustees of Durham SU to remove the member as an Officer of the Student Group and, if the Board of Trustees of Durham SU agree and action that recommendation, propose to the other members that a replacement Officer be elected without undue delay in accordance with this constitution;
  5. Require the member to undergo such relevant training and development as specified by the Panel and in the timeframes specified by the Panel; otherwise, the complaint will be dismissed.
9. Subject to clause 11.10, if the Panel decides that the member in question did breach the Constitution, that member may appeal the decision to a separate panel (the Appeals Panel) within 5 days of the decision.
10. Any person appealing a decision to carry out the action listed at clause 11.8.3 shall have the right of appeal (if any) as for a trustee of Durham SU as set out in Articlees 86 to 89 inclusive of the Articles of Association of Durham SU.
11. The Appeals Panel shall comprise the Chair and one other Officer (excluding the Investigatory Officer and the Officer who sat on the Panel).
12. The Appeals Panel shall meet to consider the allegations against the relevant member. The proceedings of the Appeals Panel shall be conducted in the same way as the Panel originally conducted their proceedings.
13. The Appeals Panel may substitute any alternative outcome, or uphold the original decision or recommendation of the Panel, and shall, in writing, notify the relevant member of the Appeal Panel’s decision within 5 days of the appeal hearing.
14. Durham SU shall appoint an individual to take notes of the meetings of the Panel and the Appeals Panel and shall circulate the draft minutes to the Panel and Appeals Panel (as appropriate) for commenting and approval.
15. Subject to clause 11.16, the Appeal Panel’s decision shall be final.
16. If the relevant member remains dissatisfied with the decision and believes that the correct procedure has not been followed in reaching that decision then they must write, within 5 days of the date of the decision, to the Appeals Panel, setting out why they believe the correct procedure was not followed. An independent, external person, nominated by Durham SU Board of Trustees will then review the fairness (or otherwise) of the process and make recommendations to that Board of Trustees and the Committee on how to readdress that going forward. That independent external person may not, however, substitute an alternative outcome of the Appeals Panel.
Dissolution
1. The Student Group may be wound up by a resolution of three quarters of those present in person or by proxy at a General Meeting called for that purpose provided that notice of the proposed dissolution is first provided to the Student Groups Committee and to the Durham SU Board of Trustees in good time before the General Meeting.
2. Any motion for dissolution of the Student Group shall provide that assets remaining after all liabilities have been met shall not be distributed amongst the members but instead paid to Durham SU for its general charitable purposes
3. The Student Group shall automatically be dissolved if it ceases to be registered or de-ratified by the Student Groups Committee.