Constitution
York SU is a registered charity and as such, must abide by UK Charity Law. Ratified student groups have no separate legal identity from York SU, therefore the same UK Law regarding charities must also apply to those affiliated groups.
Due to this, there are a number of rules and regulations that all projects must adhere to ensure compliance with legal guidelines, York SU by-laws and your Project Constitution.
Volunteering Project Constitutions
Each ratified Volunteering Project must be constituted by YorkSU, it’s purpose being that the constitution outlines reasonable expectations for best practices which volunteers are expected to adhere to.
Ultimate responsibility for the governance and discipline of the project lies with the Student Activities Officer, who has delegated operational responsibility to Fundraising and Volunteering Coordinator.
Each project must review their Project Constitution at their Annual General Meeting, and new committee’s must sign and agree to it. A copy of the constitution should also be made available to all members/volunteers. For the avoidance of doubt, Clause 11.4 outlines that the provisions in by-law 12 supersede the project constitution for conduct matters.
As a Project Committee member, you should be familiar with your Project Constitution and its contents. Each Project can make additions or changes to their constitution as appropriate, following a vote by members (such as the addition that volunteers must complete a DBS Check before volunteering), but there are certain sections in which projects cannot make amendments to, such as: Volunteering Project Finance and Dismissal and Resignation of Members and Volunteers.
Each Project should use the Template Volunteering Project Constitution as a guide, to ensure their individual constitution is up to date.
For example, when changes were made to the law around Data Protection, we added a section into our template to align with this, ensuring projects are up to date with new legal guidelines and any updates to YorkSU's policies and procedures.
Constitution Contents
The numbered points below give an outline of each part of the Template Constitution. Noting your specific project constitution may include additional sections.
1. Definitions
Defining Volunteering Project and Committee.
2. Name of the Project
The name of the Project and who represents them.
3. Aims and Objectives
Amended by each project to outline what the specific aims and objectives of the project are.
4. Membership
Outlines that membership should be open to all members of York SU (except where certain qualification/experience/training is required), that membership should be working towards at least 10 members, that project membership needs to be collected (number of volunteers and hours given in the End of Year Report) and explains the requirements of termly impact reporting and using the membership function on SUMS.
5. Code of Practice
Links directly to York SU’s Code of Conduct (By-law 12) that volunteers must abide by, as well as the Confidentiality Agreement, Room Bookings Agreement and that questions regarding Code of Conduct should be directed to the Fundraising and Volunteering Coordinator in the first instance. It also gives opportunity for the project to add any additional Code of Practice, such as DBS Checking requirements, Safeguarding, Training etc.
6. Project Committee
Provides information on the roles and responsibilities of the Project Committee. Additional roles other than: Project Coordinator, Secretary and Treasurer should be included here.
7. Project Committee - Volunteer Role Expectation
Outlines expectations of each committee role, with the option for the Project Committee to add additional expectations of that volunteer role. Also outlines that no committee member should be expected to provide support and advice to any student
8. Project Finance
Summarises that project income and expenditure should be conducted through York SU’s Finance Office, and holding external funds will constitute grounds for re-ratification, and outlines that each project must have signatories to approve claims and purchase requests, and that York SU receives no remuneration from the project.
9. Meetings
Decision making bodies of the project are the committee meetings and AGM’s, minutes should be published to members, general meetings should be advertised, quorum for general meetings shall be 25% of project volunteers or 5 volunteers (whichever is greater) and outlines procedure of committee election.
10. Selection of the Committee
Decision of the Project Committee to impose any restrictions for those wishing to stand for committee roles (but cannot be unfair/discriminatory) and that elections should be fair and free, and unfilled positions should be filled by an EGM, democratically.
11. Project Complaints Procedure
Procedure whereby volunteers can raise complaints about any issues relating to the project. Complaints should be addressed in writing to the Activities Officer in the first instance, whereby minor cases may be dealt without formal disciplinary procedure. If this process does not provide a satisfactory outcome, a formal complaint should be made in writing to the Student Activities Officer, triggering the use of York SU’s Code of Conduct in By-law 12, followed in addressing formal complaints.
12. Dismissal and Resignation of Committee Members
Outlines the process of submitting a Vote of No Confidence against a Project Committee Member.
13. Suspension and Exclusion of Volunteers
Explains that no volunteer shall be deemed to be suspended or excluded without a formal process involving York SU, to ensure fairness and transparency in processes, but in certain circumstances there may be consideration of suspension of membership rights with or without entitlements whilst an unhindered investigation under by-law 12 takes place, which is a decision made by a York SU Manager responsible for handling the complaint after careful consideration and reviewed regularly.
14. Amendments to the Project Constitution
If the project wishes to make any amendments to the constitution, it should be done by two thirds of the volunteers present at an AGM or EGM, and then re-submitted to the Fundraising and Volunteering Coordinator before review by Volunteering Committee before coming into effect.
15. Dissolution
If the project wishes to make any amendments to the constitution, it should be done by two thirds of the volunteers present at an AGM or EGM, and then re-submitted to the Fundraising and Volunteering Coordinator before review by Volunteering Committee before coming into effect.
16. Data Protection
Project’s responsibility for keeping and storing membership and other personal data under York SU Procedures and data protection laws.
17. Declaration (all committee members)
Option here for the project to add any additional constitutional amendments. For a project to agree, abide by, enforce and operate in accordance with the project constitution, York SU’s constitution, York SU’s policies and guidelines. For the project to understand accountability under York SU’s Code of Conduct and that York SU’s procedures should be followed where procedures do not align, and for the committee to sign.
Constitutional Amendments
If you wish to change something within your Project Constitution, this is known as a Constitutional Amendment. In order to do this, you must host an EGM or AGM where all members are invited to attend to discuss the proposals.
At the meeting you should:
Outline any proposed constitutional amendments to your membership.
You might choose to do this at the meeting or through a Google form where members can vote.
Outline the reasons why this amendment has been put forward, and any relevant arguments against it so members can make a fair choice.
Clearly outline to members how they can vote on the amendments and the timeline (for example, they can vote in real-time during the meeting, or you’ll leave a form open for a set amount of time (e.g. 48 hours, one week) to take votes
Constitutional amendments require a ⅔ majority to pass. Voters can vote yes or no to the amendment, or they can choose to abstain. Once the allotted time has passed, you can announce the results and inform the incoming committee of the changes so the amendments can be written into the constitution - or you can do this yourselves.
Questions?
Contact your link staff member, Gen Andrews (g.andrews@yorksu.org) or our Volunteering Team (volunteering@yorksu.org)