Relationship Agreement & Memorandum of Understanding 1
The Relationship Agreement The NUS, CUC, UUK and others have worked together to produce a set of Principles that underpin excellent working relationships between Higher Education Institutions and Students Unions these are formulated into the following Relationship Agreement. These principles are further supported by the Memorandum of Understanding between the Union and University. 1. Strategic Partnership; Spirit of partnership between HEI and SU informing the strategic direction of both parties and informing service agreements. Informed engagement of SU representatives in key institutional decision-making bodies. 2. Student Centred; Shared commitment to developing and improving students experience of academia and extra-curricular aspects of their lives. 3. Respect & Understanding; Clarity about, and mutual understanding of, the distinct roles of the HEI and the SU and the value that each party brings to the relationship. 4. Openness & Trust; Full, open, regular communication on relevant issues, in particular issues likely to have an impact on the other party, the student population and/or other joint stakeholders. 5. Mutual Support & Commitment; Constructive interactions Demonstrable commitment to making the relationship work through investment of time and resources. 6. Independence; Recognition of the value of a strong, student-led Students Union empowered to determine and manage its own affairs. Recognition of the need for the HEI to balance the interests of a range of stakeholders within an increasingly challenging external context. 7. Accountability; Accountability of SU to HEI as supervisor (under the 1994 Education Act) and principal funder, within a mutually agreed framework which is robust, effective, efficient and compatible with the reporting requirements of other regulators (where relevant), such as The Charity Commission, the Office of the Scottish Charity Regulator and/or Companies House. Acknowledgement by HEI that the SU is a major stakeholder and primary body representing the student voice. 8. Diversity & Equality; A shared commitment to equality and diversity and the fair treatment of all staff and students. 2
Memorandum of Understanding Introduction and Definitions The University and Union trusts that this Memorandum of Understanding will contribute to maintaining the excellent relationship between the University and the Union, furthering the interests of the University and its students. It reflects the relationship between the Union at present and as it will develop through 2013 /2014 on the creation of the Unions own entity. The University is a Higher Education Corporation established under the Education Reform Act 1988 and the Further and Higher education Act 1992; and is a registered company. The Students Union will be a Company Limited by guarantee and a Charity whose objectives are defined by it Memorandum and Articles and Bye Laws. The Students Union will be a legally separate body from the University but the University has certain obligations under the provisions of the Education Act 1994. The Board of Governors of the University ( the Board ) is responsible for ensuring, in accordance with the 1994 Act, that the Students Union operates in a fair and democratic manner and is accountable for its finances. In accordance with the requirements of the 1994 Act, the Students Union shall have a written constitution (Articles and Memorandum) which is subject to approval by the Governors, to be reviewed at intervals of not more than five years. The President of the Students Union ( the President ) is the prime student representative. The President is assisted by four elected Sabbatical officers, a number of additional elected officers, members of the Student Council, and by the General Manager of the Union and his/her staff. The President, sabbatical officers and the additional elected officers are collectively referred to in this agreement as executive officers. The Students' Union is mindful that its title includes the name of the University of and that the University and the Union are perceived publicly to be closely associated. The Union is committed to ensuring that its own public presentation is consonant with that of the University and serves to enhance the reputation of the University. The main channel of communication between the University and the Union is via the President and the Dean of Students. Union officers, staff may access members of the University administration direct on any issue. The Vice Chancellor will meet with the President and Executive Officers of the Students Union regularly to disuses developments and issues of concern There will be a regular informal meeting between officers and representatives from key department s i.e Student services, Estates (Commercial services), Registry, VCO, Finance and Secretary s office to discus issues and developments this Liaison will meet Bi Monthly. 3
Transition To oversee the initial formation, development and transfer of responsibilities from the University to the Union a management group will be put in place. This group will oversee and take appropriate decisions to ensure a smooth and effective transition. It will oversee the provisions of this document, ensure appropriate SLAs are put in place and set out a plan for the handing over of financial and operational responsibilities including but not restricted to those areas noted bellow. The group will be formed of 2 Members of the executive committee Initially the Prudent and Incoming President or alternate Incoming officer if this is the same person. The Unions General Manager University Sectary Governors Trustee 1 External 4
Obligations of the University Annual Subvention The University shall, subject to the terms of this agreement, pay to the Students Union the Subvention approved by the Governors as a contribution to the annual budget of the Students Union. The Subvention will be calculated in accordance policy laid down by the Board of Governors and subject to any constants imposed by the funding council. The Students Union may as with other departments in the University bid for additional funding including inflationary changes and shall submit budgets and proposal to assist in any such process. The total amount shall not decrease from the amount set when this document was agreed. The Subvention shall be paid in instalments. The phasing of the payment shall be agreed between the Student Union and University Finance. Activities of the Students Union and Students The University shall not be liable for any breach of the law or of any contract by the Students Union, its Sabbatical officers or Agents, nor for making good any debts or other liabilities incurred by the Students Union. The University recognises the importance of student involvement in extra-curricular activities. Elections In accordance with the requirements of the 1994 Act, the University shall satisfy itself that Students Union elections are fairly and properly conducted. Should the University become aware of irregularities in the conduct of elections it shall have the right to investigate these and to draw its conclusions to the attention of the Returning Officer. The University shall refuse to recognise the appointment of any Executive Officer whom it believes, following such investigation, to have been elected improperly. 5
Employment by the Students Union Staff shall be employed by the university until such time as the union has demonstrated it has developed the capability of taking on these wider employment responsibilities. At this point the trustees of the charity will exercise employment responsibilities in relation to staff. The university will have the capability to over-ride the union s employment decisions if they feel there is a risk of breaching good practice. The union will always work closely with the university s HR department in its employment practice The University s Human Resources Department will respond as necessary to the Students Union s requests for advice to ensure it is familiar with the relevant legislation. Employees will be able to access all relevant policies and procedures including but not limited to Equality and diversity, Disciplinary and Grievances, Data protection. Staff Disciplinary and Grievance issues will be dealt with under the relevant policies and is the responsibility of the University. Sabbatical officers will hold contacts of employment incorporating a code of conduct, they will be employees of the Union on its creation as an entity in 2013. Sabbatical officers will be able to access all Union policies as well as relevant University policies and procedures including but not limited to Equality and diversity, Disciplinary and Grievances, Data protection. Disciplinary and Grievance issues will be dealt with under the relevant section of the Unions articles of governance as well as were applicable the relevant University policies and is the responsibility of the Union and University. The Union and University will jointly take advice on these policy s should there be a dispute, such advice will be obtained from NUS, the Union s General Manger, University Human Resources, and Union and University legal advisers should it be necessary. The nature of the relationship between H.R and the Union shall be governed by the detailed Service Level Agreement. The University shall provide a payroll service to the Students Union for the payment of the salaries of employees and Sabbatical Officers. So long as it provides this payroll service, the University shall indemnify the Students Union against any mistake of over-payment of salary to a Sabbatical Officer or employee by the University which causes the Students Union a loss which cannot be recovered by any other means. 6
Information Technology Support As a general objective the University seeks to provide the Students' Union with equivalent support to that provided to the University's own support services. The scope of the IT support service to provided by the University and the corresponding obligations of the Students' Union will be defined in the service level agreement between the parties. Students' Union Officers and staff shall comply with the University s computer use regulations as published and as amended from time to time. Complaints As required by the 1994 Act, the University will make available a complaints procedure for students who are dissatisfied with their dealings with the Students Union or who believe themselves to be disadvantaged by having exercised their right not to be a member of, or, in the case of an organisation, not to be affiliated to, the Students Union. Such procedure shall ensure that complaints are dealt with in an impartial, effective and timely manner. Obligations of the Students Union Annual Budget and Accounts The Students Union shall prepare a summary of annual Income and Expenditure and Capital budget for approval by the Board of Governors at its last meeting preceding the start of the financial year. The Students Union shall prepare and agree such budgets in accordance with its financial regulations. The agreed budget must be forwarded to the University for review and comment one week in advance of the meeting of the board of Governors submission of papers deadline. The Students Union shall submit quarterly management accounts to the University nominee showing performance against the approved budget with a commentary, if so required, explaining material variances and forecast annual outturn. The Union may not incur expenditure or enter into any financial transaction which is inconsistent with the law relating to charities. The Students Union will publish audited financial statements at least annually and make them available to Governors. In accordance with the requirements of the 1994 Act, these reports will contain (i) (ii) (iii) a list of the external organisations to which the Students Union has made donations in the period to which the report relates, and the details of those donations; a list of external organisations to which the Students Union is affiliated and the details of any subscription, donation or similar fee paid or proposed to be paid to these; the procedure for allocating resources to groups or clubs 7
In accordance with agreement between the Students Union and the University auditors shall have access to records, assets and personnel within the Students Union as with other areas of the University Elections The conduct of annual elections to Executive Offices shall be the responsibility of the Students Union in accordance with the Union s election regulations as approved by the University board of Governors and the Union s Board. The Students Union shall be entitled to call upon the services of a senior member of the Secretary s Office to assist in overseeing the elections. Employment of officers The Students Union shall ensure that its sabbatical executive officers are employed and treated in accordance with employment legislation in force at the time. The Students Union shall ensure that all its Executive Officers have contracts of employment which comply with employment legislation and regulations and the requirements of the University s Policy. The Students Union shall lodge copies of the contracts with the University s Human Resources Department. Officers will be employees of the union from 2013. Employment The Students Union shall comply with the University s Equal Opportunities, Harassment, Data Protection and Public Interest Disclosure policies and Diversity Policy. The Students Union shall ensure that staff working under its remit through the Service level agreement are extended the same respect and benefits as all University Staff. Even as employees of the Union Executive Officers of the Students Union shall be subject to the University s disciplinary procedure for staff (and students), although the University would in the first instance expect the Students Union to deal with internal disciplinary issues and only referencing to H.R via the code of conduct. Data Protection Act 1998 The Students Union shall notify itself to the Information Commissioner as a Data Controller under the terms of the Data Protection Act and shall ensure that it is complaint in all respects with the requirements of the Act. In relation to this, the Students Union may seek advice as necessary from the University s Data Protection Officer. 8
Health and Safety at Work Act The Union shall comply with the requirements of the Health and Safety at Work Act with the General Manager of the Students Union having the same responsibilities in this respect as those defined in the University s Health and Safety Policy for a Head of Department. The General Manager, for reasons of continuity, will also be the Safety Officer for the Students Union advising the President as appropriate. The University s Health and Safety Adviser will be the appointed person to advise the Union on Health and Safety matters. Other Legislation The Students Union is responsible for complying with all other laws relating to its operations and activities, including, Copyright, Environmental Protection, Charities, Education, and the Regulations of the University. The University will provide advice as necessary to help facilitate compliance. Premises The Students Union shall occupy premises designated by the University. The University shall make no charge for the occupation of the designated premises but may require the Students Union to enter into a formal agreement with the University concerning the occupation of the premises. The formal agreement will inter alia require the Students Union to comply with Health and Safety legislation, seeking advice from the University s Health and Safety Adviser as necessary, and not to make any alterations to or undertake any works to the premises without the prior written agreement of the University. The Students Union shall not, except with the prior written permission of the University, sublet the premises nor allow any tenant, whether paying or not, to occupy them. The Students Union and its societies will be permitted use of other areas in the University, by agreement and subject to availability, for social, recreational, educational and cultural activities. Freedom of Speech The Students Union shall comply with the requirements of the Education Act 1986 in relation to ensuring freedom of speech and to this end shall comply with the University s Policy on Freedom of Speech. This shall include the content of posters, notices, temporary signs and literature distributed on Union premises and where clubs and societies are using other University space. 9
Activities of the Students Union The Students Union warrants that it will do nothing knowingly to harm the reputation of the University. The University accepts that the Students Union may at times be critical of its decisions or actions. Such criticism would not of itself be deemed to be harming the reputation of the University. The following non-exhaustive list of examples would, however, be likely to harm the reputation of the University: Producing publications or seeking publicity which was liable to result in people deciding not to associate themselves with the University; Engaging in illegal activities, such as libelling or slandering individuals or openly tolerating drug use Making comments to the media or press which were disparaging and factually incorrect. The Student Union will confirm in writing in dealings with its suppliers that the University will not be liable for any breach of the law or contract by the Students Union, its Executive Officers or employees, nor for making good any debts or other liabilities incurred by or on behalf of the Students Union. Trading Activities The Students Union may operate by agreement with the University legitimate trading activities in the University. The Union may use any surpluses received from its trading activities to benefit its membership. Publications All features, articles, letters, and advertisements published in any Students Union publication or broadcasts are subject to decision of the Editor /President in liaison as appropriate. As such they are independent of the University and no responsibility will be accepted by the University for anything so published. The Students Union shall ensure that no material which is unlawful is published or broadcast. 10
Legal Proceedings The Students Union shall immediately inform the University of any legal proceedings taken or proposed against the Union or its officers and of any legal proceedings that the Union proposes to initiate against a third party. Welfare The University and the Students Union both attach great importance to the welfare of students and will co-operate fully in providing complementary services of quality commensurate with available resources. Representatives from the Students Union shall be entitled to sit on all University committees with responsibilities for student welfare. The University recognises and welcomes the representative function of the Students Union on these committees. The university will endeavour to involve students through the SU and student representatives in all relevant committees. The University recognises and welcomes the important role played by the Students Union in representing, advising and supporting students making appeals or complaints to the University, and in assisting and advising students in relation to the University s Codes of Conduct or disciplinary proceedings. Local Community The University and the Union are committed to improving links with the local community. The University recognises the work done by the Union and will support such initiatives for the good of students and the local community. Review of this Agreement The University Secretary and the President will hold copies of this Memorandum of Understanding and will make further copies available to other officers of the University and the Students Union as appropriate. The Board will review the Union s constitution, and this agreement, at least every five years. If, however, the Union submits proposals for substantial amendments to the constitution or the agreement to the Board in any year, the next formal review will be held up to five years from the year in which those amendments were approved by the Board. Any disputes on the interpretation or application of this agreement will be referred to a panel chaired by a non student trustee appointed by the Board of Governors, The panel will comprise of the Unions non student Trustee as nominated by the Vice Chancellor and the President of the Student Union, The University Secretary and General Manager of the student Union will also attend in an advisory capacity. 11
Status The document is intended to clarify the working relationship between the University and the Union covering responsibilities of common concern to both parties. It reflects the current position and will be reviewed from time to time to reflect the changing needs of the Union and University. The document will be presented for consideration by the Board of Governors. The General Manager will ensure that the document is received annually by the Students Union President. The Students Union President will make copies available to other officers of the Union as appropriate. 12