The University Court has approved the following:

CODE OF PRACTICE REGARDING THE IMPLEMENTATION OF THE EDUCATION ACT 1994 - PROVISIONS RELATING TO STUDENTS' UNIONS

1. Introduction

Section 22 of the Education Act 1994 requires that the governing body of every establishment to which that part of the Act applies shall take such steps as are reasonably practicable to secure that any students' union for students at the establishment operates in a fair and democratic manner and is accountable for its finances.

2. Constitution of Dundee University Student Association (DUSA)

As required by the Act, DUSA has a written constitution, which is available to all members. The constitution and any amendments thereto are subject to approval by the University Court. The constitution will be submitted to the Court for review at intervals of not more than five years.

3. Right to Opt Out of Membership

Students have the right to notify the University that they wish to opt out of membership of DUSA at any time during the academic year. Once a student has opted out, that will hold good for the remainder of the academic year. Students who opt out will be informed of the consequences in relation to services and given a distinctive matriculation card. DUSA will be notified of all decisions to opt out so that its membership records can be kept up-to-date.

A brief statement about the right to opt out of membership of DUSA will appear in the information for new students issued each year by the Registry, referring enquirers to the Secretary of the University.

Also, the right of students to opt out of membership of DUSA will be referred to in the notices displayed during matriculation in the Tower Building, at Bonar Hall, in Faculty Offices, in the Library, and in the DUSA office.

4. Consequences of Opting Out

Any student who chooses to opt out of DUSA

(a) shall not be deemed to be an ordinary student member of DUSA and shall not be eligible for associate membership;

(b) shall not be able to use licensed facilities in DUSA buildings (unless introduced as a guest);

(c) shall not be able to participate or vote in general meetings of DUSA;

(d) shall not be able to hold office within DUSA.

Any student who opts out shall, however,

(a) be liable to pay any higher subscription rate to be a membership of student societies which may be generally applicable to non-members of DUSA;

(b) be able to participate in work of departmental student/staff liaison committees;

(c) have full access to DUSA shops and other non-licensed premises.

5. Election to Major Union Offices

The constitution of DUSA shall continue to provide that appointment to major union offices should be by election in a secret ballot at which all ordinary student members are entitled to vote.

The Board of Management, established under the constitution, shall continue to appoint Senior Returning Officers to oversee elections and ensure that they are fairly and properly conducted. The Court may require, as it considers necessary, a report from a Senior Returning Officer.

No one should serve as a sabbatical or paid elected officer for more than two years.

6. Financial Affairs of DUSA

The management of the Association's financial affairs shall continue to be vested in a Board of Management consisting of the Executive and six other persons approved by the Court of the University.

The Board of Management will appoint a Financial Manager who has the power to draw to the attention of Court any matter within his or her terms of reference.

Financial reports should be published annually, or more frequently, and made available to the Court and all students.

Those reports should include a list of the external organisations to which DUSA has made donations in the periods to which such accounts or reports relate.

The procedure for allocating resources to groups or clubs should be fair, written down and accessible to all students.

7. Affiliations

With regard to new affiliations, DUSA will publish notice of any intention to affiliate to an external organisation in Student Times (or its successor) and by letter to the Secretary of the University, giving details of the name of the organisation and any subscription, fee or donation which may be proposed. If no constitutionally-competent objection is received within two semester-time weeks, the affiliation will go ahead.

A list giving details of all current affiliations as required by the Act will be included in the DUSA Annual Report, and submitted for approval to the Annual General Meeting of DUSA.

A ballot on continued affiliation may be held in accordance with the procedures as to elections and referenda laid down in the DUSA constitution. A referendum may be held by decision of a General Meeting requisitioned by not less than 50 members.

8. Complaints Procedure

Students who are dissatisfied in their dealings with DUSA should submit a complaint form, copies of which are available from the DUSA General Office, its Welfare Office and the University's Director of Student Services.

Students who claim to be unfairly disadvantaged by reason of their exercising the right to opt out of membership of DUSA, or who are not satisfied with the outcome of their complaint to the DUSA President, should put their complaint in writing to the Secretary of the University setting out, in detail, the nature of the complaint. The Secretary will arrange for any such complaint to be considered by a senior officer, or by a group of senior officers, or by a group comprising one or more senior officers and one or more members of the Court, according to the nature, seriousness and urgency of the complaint. Before reaching this decision the Secretary will consult with the Rector's Assessor. An initial response will normally be made to the complainant within 15 working days. Where a complaint is upheld, those investigating it will advise the Secretary about any remedy that may be required.

If not satisfied by the outcome of this process, the complainant will have the right to put his/her complaint to an independent person nominated by the Court, who will investigate and report on the complaint. In order that this independent person should have experience and understanding of the affairs of universities and their students' unions, the normal practice will be to seek to appoint a person who holds or who has held a senior office with a university (other than the University of Dundee). This person will report to the Court on the results of his/her investigations, including, if a complaint is upheld, advice about any remedy that may be required.

Complaints will be dealt with promptly and fairly, taking into account the delays which may arise from the complexity of an individual complaint or the absence of the complainant from the University during vacations. Records will be kept of complaints made, their investigation and outcome, and of remedial action taken.

9. Charities Law

The University will bring to the attention of students any restrictions imposed on the activities of DUSA by the law relating to charities. Such obligation on the University's part, however, shall not in any way diminish the duty of DUSA's own auditors in this regard.

10. Freedom of Speech

The Education Act 1986 sets out obligations on individuals and bodies concerned in the government of universities to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers. Although the provisions of the Act do not formally apply to institutions of higher education in Scotland, DUSA has put in place arrangements to ensure that such freedom of speech is secured, via their conditions of let to societies of University and Association premises.

11. Dissemination to Students

This Code of Practice shall be made widely available to the student body of the University.

Revised June 2004