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Code of Practice issued by the Council of Darwin College in respect of the Darwin College Students' Association and the Education Act 1994

1. Section 22 of the Education Act 1994 places a number of responsibilities on the governing body of an establishment, which in Darwin College for the purposes of the Act is the College Council. Sub-section 3 provides that every governing body shall prepare and issue, and where necessary revise, a code of practice as to the manner in which the requirements of sub-sections 1 and 2 of the Act are to be carried into effect in relation to any students’ union for students of the establishment, setting out in relation to each of the requirements details of the arrangements made to secure its observance. This document constitutes the code of practice issued by the College Council in respect of the Darwin College Students' Association.

General duty of governing bodies

2. Sub-section 1 requires the governing body to take such steps as are reasonably practicable to secure that any students' union for students of the establishment operates in a fair and democratic manner and is accountable for its finances. This requirement is fulfilled through compliance with the requirements of College Statute D,XVII, of College Ordinance I.C., and the constitution of the Darwin College Students' Association.

Particular requirements of the Act

3. Sub-section 2 requires governing bodies to take 'such steps as are reasonably practicable to secure that the following requirements are observed by or in relation to any students' union for students of the establishment'. These detailed requirements are dealt with below.


1. Written constitution. Unions should have a written constitution.
   The Darwin College Students' Association has a written constitution.
2. Constitutions to be approved by the governing body and to be reviewed by it. The provisions of unions' constitutions are to be subject to the approval of the governing body and to review by it at intervals of not more than five years.
   The Constitution of the Darwin College Students' Association has been approved by the College Council in April 1995. College Ordinance I.C. provides that the constitution and any amendments of it shall require the approval of the Council, and that the constitution as a whole shall be reviewed by the Council at intervals not greater than five years.
3. Opting out. A student shall have the right not to be a member of a union or in the case of a representative body which is not an association to signify that he or she does not wish to be represented by it and students who exercise that right should not be unfairly disadvantaged with regard to the provision of services or otherwise by reason of their having done so.
   Statute D,XVII,2 provides that a student may opt by notice to the Dean, under a procedure specified by Ordinance, not to be a member of the Association. Ordinance I.C.2 specifies that procedure. The Darwin College Students' Association will continue to make their services available to students who choose not formally to be members, and College funding of the Association is conditional on the Association's doing so.
4. Election to major union offices. The Act provides that appointments to major union offices should be by election in a secret ballot in which all members are entitled to vote.
   All the officers of the Darwin College Students' Association, except two, are elected by a secret ballot of all the members. The exceptions are the Bar Chairperson and the Women's Officer. The Bar Chairperson is appointed by the outgoing Bar Chairperson after consultation with the President of the Association, subject to the approval of the College Bursar as Licensee. The Women's Officer is elected by a secret ballot of women members of the Association.
5. Union elections. Governing bodies are required to satisfy themselves that union elections are fairly and properly conducted.
   The constitution of the Darwin College Students' Association provides for at least 14 days notice of the election, for conditions as to hustings and publicity, for voting by secret ballot over three days, and for a nominee of the College Council to act as returning officer.
6. Sabbatical or paid elected officers. A person is not to hold sabbatical union office, or paid elected union office, for more than two years at the establishment.
   The constitution of the Darwin College Students' Association makes no provision for either sabbatical or paid elected officers.
7. Financial management. The financial affairs of unions are to be properly conducted and appropriate arrangements are to exist for the approval of unions' budgets, and the monitoring of expenditure by the governing body.
   Statute XVII provides that a Fellow of the College appointed by the College Council on the nomination of the Darwin College Students' Association shall be Senior Treasurer of the Association. The Statute further provides that the Senior Treasurer shall collect and receive the moneys due to the Association, shall ensure that its accounts are audited annually, and shall submit a termly report to the Council concerning the budget and expenditure of the Association. College Ordinance I.C. provides that the College Council shall ensure that the Association does not undertake commitments to expenditure exceeding the funds available to the Association, and that funds are used only for the objects of the Association as defined by the Statutes. The constitution of the Association lays down detailed requirements for the Treasurer to carry out duties, including the requirement to submit a financial statement at every meeting of the Executive Committee of the Association.
8. Financial reports. Financial reports of unions are to be published annually or more frequently, and are to be made available to the governing body and to all students; each report is in particular to contain a list of external organisations to which the union has made donations in the period to which the report relates and details of the donations.
   Statute XVII requires the Senior Treasurer of the Darwin College Students' Association to make a termly report to the College Council concerning the budget and expenditure of the Association. College Ordinance I.C. provides that the accounts of the Association and the termly reports of the Senior Treasurer to the College Council on its finances shall be available in the Bursar's office for inspection by members of the College. The Ordinance further provides that any proposal of the Association to affiliate to an organisation external to the College shall be notified to the College Council and shall be submitted for decision to a General Meeting of the Association together with details of any subscription or similar fee to be paid and any donation proposed to be made to the organisation. The Ordinance also provides that the Association shall submit annually to the College Council and shall publish a list of the external organisations to which it has been affiliated in the past year and details of subscriptions or similar fees paid or donations made to such organisations in that year. The list is subject to annual confirmation at a general meeting of the Association, with a secret ballot on affiliation to any particular organisation, if that is requested.
9. Groups or clubs. The procedure for student unions to allocate resources to groups or clubs is to be fair and is to be set down in writing and freely accessible to all students.
   The constitution of the Darwin College Students' Association lays down the procedure for allocation of resources to clubs and societies and makes the allocations proposed by the Executive Committee subject to approval or amendment at a general meeting of the Association.
10. Affiliation to external organisations. If a union decides to affiliate to an external organisation, it must publish notice of its decision, stating the name of the organisation and details of any subscription or similar fee paid or proposed to be paid and of any donation made or proposed to be made to the organisation, and such notice is to be made available to the governing body and to all students.
    See (h) above.
11. Report on affiliation. When a union is affiliated to any external organisation a report is to be published annually or more frequently containing a list of external organisations to which the union is currently affiliated and details of subscription or similar fees paid or donations made to such organisations in the past year or since the last report, and such reports are to be made available to the governing body and to all students.
    See (h) above.
12. Review of affiliations. There are to be procedures for the review of affiliations to external organisations under which the current list of affiliations is submitted for approval by members annually or more frequently, and at such intervals of not more than a year as the governing body may determine and under which a requisition may be made by such proportion of members, not exceeding five per cent, as the governing body may determine, that the question of continued affiliation to any particular organisation be decided upon by a secret ballot in which all members are entitled to vote.
    See (h) above.
13. Complaints procedure for students. There is to be a complaints procedure to be available to all students or groups of students who are dissatisfied in their dealings with a union or who claim to have been unfairly disadvantaged by reason of their having exercised the opt-out right referred to in paragraph (c) above, and this complaints procedure is to include provision for an independent person appointed by the governing body to investigate and report on complaints.
    College Ordinance I.C. provides that if any student or group of students is dissatisfied in dealings with the Association or claims to have been unfairly disadvantaged by having opted out of membership of the Association, and a complaint thereon is made to the College Council, the Council shall appoint an independent person to investigate and report on the complaint.
14. Remedies. Complaints are to be dealt with promptly and firmly and where a complaint is upheld there should be an effective remedy.
    The College Council will see to it that complaints are dealt with promptly and fairly and that any remedies required are effective, if necessary by making the institution of the remedies a condition of the College's grant to the Association.

Sub-section 4

4. Governing bodies are to bring to the attention of all students at least once a year the code of practice; any restrictions on the activities of student unions by the law relating to charities; and where applicable, the provisions of section 43 of the Education (No.2) Act 1986 about freedom of speech in universities and colleges, and of any code of practice issued under it relevant to the activities or conduct of unions.
   
   These matters are brought to the attention of students annually by the inclusion in each annual edition of the College Information Booklet of this code of practice, to which are appended an account of the restrictions on the activities of unions and the charity law and the College's code of practice under Section 43 of the 1986 Act.

Sub-section 5

5. Governing bodies are to bring to the attention of all students at least once a year and include in any information generally made available to persons considering whether to become students of the establishment information about the right of opt-out from union membership (paragraph (c) above) and about arrangements made for services to students who have opted out.
   
   This information is included in the College's Information Booklet and is drawn to the attention of applicants for admission.