University Students’ Council of The University of Western Ontario

Policy Manual Packet

Current as of 13-12-2019

TABLE OF CONTENTS

COUNCIL

Advocacy Papers Policy        4

Agenda and Council Operations Terms of Reference        9

Associate and Coordinator Selection Directive        11

Bus Pass Policy        13

By-Law #1: Corporate By-Law        19

By-Law #2: Elections By-law        37

Bylaw #3 - Executive Bylaw        66

Clubs Governance Committee Terms of Reference        73

Community Standards Policy        78

Conference and Retreat Policy        84

Conflict of Interest Policy        87

Constituency Council President Terms of Reference        91

Constituent Council Grants Directive        94

Council Composition Procedure        95

Councillor Accountability and Discipline Procedure        98

Councillor Resignation and Replacement Policy        101

Councillor Terms of Reference        103

Deputy Speaker Terms of Reference        106

Dry Off-Campus Programming Policy        108

Elections Governance Committee Terms of Reference        114

Elections Governance Committee Campaign Finance Procedures        120

Elections Governance Committee Violations Procedure        128

Environmental Sustainability Policy        135

Executive Officer Accountability and Discipline Policy        137

Executive Council Terms of Reference        143

Executive Officers’ Salaries Procedure        146

Executive Officers Terms of Reference        147

External Relationships and Strategies Policy        155

Grants Committee Terms of Reference        157

Grants Funds Policy        160

Nominating and Selection Committees Terms of Reference        163

Ontario Undergraduate Student Alliance Policy and Procedure        165

Peer Support Centre Usage Policy        167

Role of the USC During a Labour Dispute        171

Speaker of Council Terms of Reference        172

Standing Committee Terms of Reference        175

Standing Orders of Council        182

Standing Resolutions of Council        187

Student Refugee Fund Policy        198

Summer Council Authority Policy        201

Teaching Awards Rules of Procedure        203

BOARD POLICIES        210

Advertising Materials Policy        211

Appeals Board Policy        213

Board Attendance Policy        222

Board of Directors Rules of Procedure        224

Chief Operating Officer Policy        232

Community Standards Policy        234

Continuous Improvement Policy        240

Departmental Procedure Approval Policy        242

Must be presented to the Board of Directors annually.        242

Discrimination, Harrasment, and Violence Prevention Policy        243

Discrimination, Harassment, and Violence Reporting Procedure        247

Early and Safe Return to Work Policy        253

Emergency Preparedness Policy        259

Ergonomic and Musculoskeletal Disorder Prevention Policy        262

Finance Subcommittee of the Board Terms of Reference        265

Financial Approvals Policy        266

Financial Reporting Policy        268

First Aid Policy        270

Gap Analysis Policy        273

Gazette Publications Committee Terms of Reference        274

Governance Subcommittee of the Board Terms of Reference        277

Grants Fund Policy        278

Hazard Reporting Policy        281

Health and Safety Coordinator Policy        283

Health and Safety Management Policy        286

Health and Safety Networking Policy        288

Health and Safety Orientation Policy        290

Health and Safety Policy        294

Health and Safety Responsibilities of Managers and Supervisors Policy        296

Health and Safety Responsibilities of Workers (Including Supplied Labour) Policy        298

Health and Safety Training Policy        299

Health and Safety Work Refusal Policy        302

Health and Safety Workplace Inspection Policy        305

Housekeeping and Organizing Policy        308

Human Resources Subcommittee of the Board Terms of Reference        312

Injury/ Illness Reporting Policy        314

Injury/ Incident Investigation Policy and Procedure        316

Interim and Final Reports Procedure        322

Internal Borrowing Policy        326

Intern and Associate Vice-President Scope of Responsibilities        329

Joint Health and Safety Committee Terms of Reference        332

Lock-Out Tag-Out Policy        339

Media Spokesperson Procedure        343

Non-Routine Work Policy        345

Operating and Capital Budget Approval Policy and Procedure        347

Performance Appraisal Procedure        351

Personal Protective Equipment Policy        361

Physical Demands Information Policy        363

Pre-Use Inspection Policy        365

Preventative Maintenance Policy        367

Purchasing Policy & Purchasing Administrative Regulations        369

Risk Identification Policy        379

Schedule of Posted Health and Safety Materials        380

Visitor Policy        383

Volunteer Orientation and Training Policy        385

Volunteer Progressive Discipline Policy        387

Workplace Wellness Policy        394

Workplace Conduct Policy        397

EXECUTIVE COUNCIL        400

Social Responsibility Audit Policy        401

Student  Awards Rules of Procedure        403

ELECTIONS GOVERNANCE COMMITTEE        408

Elections Governance Committee Nomination Procedure        409

CLUBS GOVERNANCE COMMITTEE        414

USC Club Bill of Rights        415

Clubs Policy: Clubs Constitution Guideline        417

Clubs Election Policy        422

Club Event Planning and Risk Management Procedure        425

Clubs Financial Procedures        432

Club Hearings and Sanctions Procedure        438

Clubs Inventory Policy        448

Clubs Operating Policy        450

Clubs Policy Review Committee: Terms of Reference        457

Clubs Support Committee Terms of Reference        459

General Club Procedures        462

Club Ratification Procedure        473

University Students’ Council of Western University

Advocacy Papers Policy

Authority: Council

Date Ratified: October 30, 2019

Previous Amendments: March 30, 2016

1.00 OBJECTIVE

As an advocacy-based organization that serves as the representative body for Western’s undergraduate students, it is incumbent upon the University Students’ Council to convey principles, concerns, and recommendations (PCR’s) to the University’s administration, staff, and faculty.

In order to do so, the USC must be able to effectively organize, develop, and represent students’ beliefs. The Advocacy Papers Policy empowers Council to select, prioritize, research, and articulate those PCR’s. This policy outlines the process, participants, and parameters of creating these advocacy papers.

  1. SCOPE

  1. This policy applies to the process whereby the Executive Council, Advocacy Standing Committee, and USC Council select, prioritize, research, articulate, debate, and approve official stances of the University Students’ Council relating to the on-campus experience and quality of life for students at Western University.

  1. References in this document to “standing policy” or “standing policies” shall refer to policy papers authored via the process contained in this document that have been approved by Council; and

  1. A paper that is in the process of being approved shall be referred to as an “advocacy paper”.

  1. Individuals eligible to submit proposals and otherwise instigate the writing of a standing policy shall be all Voting, Ordinary Members as defined in Bylaw 1.

  1. Members of the community may submit proposals for advocacy papers to the Advocacy Standing Committee via a member of that committee.

  1. PROPOSING PAPERS

  1. In order for an advocacy paper to be commissioned, a proposal must be submitted to Council via the Advocacy Standing Committee. All efforts shall be made to ensure that paper proposals for the legislative year are submitted to Council via the Advocacy Standing Committee in time for Council’s consideration to be given at its September meeting.

  1. Paper proposals may come in the form of either an oral presentation or a written submission to the Advocacy Standing Committee by the proposer(s), which shall contain:

  1. A brief description of the topic;

  1. Reasons why the topic is of significance to undergraduate students; and

  1. How the topic relates to the USC mission statement.

  1. Standing policies requiring reconsideration based on the review cycle outlined in its Legislative History may be submitted as topics.

  1. The Advocacy Standing Committee shall send to Council a list of no more than five (5) approved advocacy paper topics for consideration.

  1. COMMISSIONING PAPERS

  1. Upon receiving advocacy paper topics, Council shall approve, reject, amend, or refer back to committee; and

  1. Should an advocacy paper topic be rejected by Council, or consideration of topics be referred back to committee, revised topics shall be presented to Council no later than its next Duly Called Meeting.

  1. Should a simple majority of Council approve topics as written or as amended, papers on those topics shall be considered Duly Commissioned.

  1. Council shall never commission more than three (3) papers in a given year.

  1. Standing policies requiring reconsideration based on the expiration date outlined in its Legislative History may count towards the limit of three (3).

  1. The limit of three (3) Duly Commissioned papers shall not apply in instances where more than three (3) standing policies require reconsideration as per Section 7.00 of this policy.
  2. All papers commissioned by Council shall be due from the Author or Authors in its final form no later than the Annual General Meeting in March of the following calendar year.

  1. Council shall never commission papers at a time later than its November meeting.

  1. WRITING PAPERS

  1. Papers shall be written by an Author or group of Authors, at least one (1) of whom shall be an original proposer of the topic; and

  1. Either the President, Vice-President External Affairs, or Vice-President University Affairs (or a delegate of either position) shall be responsible for writing or supervising the writing of each paper.

  1. The Author, or Authors, shall have the following responsibilities:

  1. Research the assigned paper topics;

  1. Consult stakeholders and conduct interviews, when necessary;

  1. Develop principles, concerns, and recommendations for the paper topic;

  1. Produce a draft advocacy paper;

  1. Amend the draft advocacy paper based on commentary and input from Council and community members; and

  1. Provide updates on the paper-writing process as requested.

  1. APPROVING PAPERS

  1. Council shall, no later than the USC’s Annual General Meeting, discuss and decide whether to grant approval to a draft advocacy paper or to withhold approval.

  1. Council shall receive draft advocacy papers via the Advocacy Standing Committee, which must approve of the papers prior to Council consideration.

  1. Upon receiving draft advocacy papers, Council shall approve (either as written or amended) or reject the draft advocacy papers on Council floor through a simple majority; and

  1. Papers that fail to receive approval of Council forfeit status as Duly Commissioned; and

  1. Papers that have forfeited status as Duly Commissioned must be re-approved by Council in a manner consistent with sections 3.00 and 4.00 of this policy.

  1. Should a simple majority of Council approve topics as written or as amended, papers on those topics shall be considered Duly Approved.

  1. Duly Approved papers take immediate effect as standing policies of the organization.
  1. RENEWING, REPLACING, OR RETIRING PAPERS

Each standing policy of the USC shall expire three (3) years from the date upon which it was Duly Approved.

  1. Policies facing expiration shall be Duly Commissioned automatically, at which time Council shall:

  1. Renew the paper as-is, should its primary objective be incomplete;

  1. Task the Executive Council to rewrite the paper, should its primary objective be deemed still relevant though in need of alteration;

  1. Amend then renew the paper; or

  1. Retire the paper should its primary objective be successfully completed or deemed of little significance to undergraduate students.

  1. EXECUTIVE ACTION

  1. In years where a standing policy is active, including years in which it requires reconsideration, the President or respective Vice-President shall report to Council in September and March on the status of organizational advocacy efforts directly relating to the topic addressed in each standing policy.
Agenda and Council Operations Terms of Reference

Authority: Council

Date Ratified: 14 September 2016

Previous Amendments:

                                        

1.00 Mandate

The Agenda and Council Operations Committee shall be a standing committee of Council responsible for preparing, reviewing, and approving the Council agenda. The Agenda and Council Operations Committee has a mandate to ensure Council has the appropriate information to make informed decisions. The Agenda and Council Operations Committee also directs the use of the Council budget.

2.00 Membership

  1. Speaker of Council, ex-officio as chairperson.[1]
  2. Council Clerk and/or Deputy Speaker, ex-officio, secretary.[2] 
  3. Three (3) Committee Chairs as Elected by Council, voting.
  4. Chair of the Board of Directors, ex-officio, non-voting.
  5. President of the USC, ex-officio, non-voting.
  6. Vice-President Governance and Finance (Secretary Treasurer)of the USC, ex-officio, non-voting.
  7. Any members of the Western undergraduate student body as observers appointed by the chair at the discretion of the committee, non-voting.
  8. Any Ordinary Member, Executive Officer, Director, and Officer of the corporation may attend any public sessions of the Agenda and Council Operations Committee and shall be afforded speaking rights at the discretion of the Chair.

3.00 Responsibilities

The Agenda and Council Operations Committee shall,

  1. Be a Standing Committee of the Council.
  2. Receive all items for review before they are presented for information or consideration by Council.
  3. Organize the business of the Council through the preparation of the Agenda and the dissemination to members of the Council of information pertinent to the Agenda.
  4. Determining the time and location of meetings and the allocation of relevant budget and resources for Council operations as outlined in the USC budget.
  5. Identify training and development needs of Councilors and oversee the implementation of an effective training and development program.
  6. Exercise the authorities and perform any duties delegated to it by the Council.

4.00 Special Rules of Procedure

  1. No voting member of the Senior Operations Committee shall assign a proxy for voting or attendance purposes.
  2. Due to the nature of some of the issues the Senior Operation Committee can preside over, all meetings of the Senior Operations Committee shall be open to the public unless dealing with matters deemed sensitive by any of the following:

i. The President of the USC.

ii. Vice-President Governance and Finance (Secretary-Treasurer) of the USC.

iii. The Speaker of Council.

iv. The Chair of the Board of Directors.

v. A majority of the Directors.

vi. A majority of Voting Members of the Committee.

vii. A majority of the Ordinary Voting Members of Council.

5.00 Context and Enactment

  1. Documents Repealed –
  2. Supporting/Related Documents – Standing Committees of Council, Standing Orders of Council
  3. Date Passed – 14 September 2016
  4. All previous Amendments – 19 July 2015

Associate and Coordinator Selection Directive

Authority: Council

Date Ratified:  31 October 2018

Previous Amendments:   26 October 2011, 29 February 2012

Date Review:  September 2018

Next Review Date:  September 2021

Review Committee(s):

Governance & Finance Standing Committee, USC Council

Delegates:

Speaker of Council

Associate Governance

Senior Manager, Government Services

  1. PREAMBLE

The volunteer involvement of Associates and Coordinators is fundamental to the proper and effective functioning of the University Students’ Council. Applicants to these positions must be accountable to the Executives they report to, and it is therefore appropriate that the Executives be responsible for their selection.

  1. SCOPE:

  1. This directive affects the selection of USC Associates and Coordinators.

  1. For the purposes of this Directive, “Associates and Coordinators” includes all USC positions that are defined as an “Associate” or “Coordinator” in the Policies and Procedures, with the exception of the Orientation Coordinator.

  1. DIRECTIVE

  1. The President, in consultation with other Executive Officers, is directed and authorized to develop and maintain a process for associate and coordinator selection that meets the following criteria:

  1. Each position must be open to all undergraduate students at the University;
  2. Each interested applicant for a given position must have an equal opportunity to submit an application and receive an interview;
  3. Decisions must be made fairly, based on the merits of each applicant and the demands of each position; and
  1. Interviewing panels must contain no fewer than one (1) Executive Officer.

  1. The Government Services Department, in consultation with the Human Resources department, is directed and authorized to establish and oversee a complaints process, which accomplishes the following objectives:

  1. Participants in the selection process must have the opportunity to submit complaints if they suspect impropriety in the selection process.

  1. An independent committee, containing Government Services Department staff, must be established to review complaints.

  1. Executive Officers shall not be permitted to participate in the committee.

  1. Executive Officers must be held accountable to selection procedures.

  1. Impropriety in the selection process must be addressed.

  1. RATIFICATION

  1. All Policies, Procedures, Terms of Reference, Guidelines, and other documents drafted under this Directive, and any amendments thereto, must be ratified by the Executive Council at an Executive Council meeting before taking effect.

  1. If the Manager of the Government Services Department believes that recommended changes to the complaints process have been unreasonably rejected, she may shall report this to the Agenda and Council Operations Standing Committee.

  1. Any documents drafted under this Directive that contradict this Directive or fall outside the scope of this Directive are invalid.

  1. Council may require the Executive Council to modify documents made under this Directive through a resolution of Council, or through amendments to this Directive
Bus Pass Policy

Authority: Council

Date Ratified:  31 October 2018

Previous Amendments:

Date Review:  September 2018

Next Review Date:  September 2021

Review Committee(s):

Governance & Finance Standing Committee, USC Council

Delegates:

Speaker of Council Associate Governance

Senior Manager, Government Services

  1. INTERPRETATION

  1. “Administrator” shall mean the USC Bus Pass Administrator. This Administrator must be a full-time employee of the USC and shall be designated as such by the Chief Operating Officer. The Individual may have other duties in addition to administering the Bus Pass.

  1. “LTC” means London Transit Commission.

  1. “Bus Pass” means a LTC bus pass issued by the USC in accordance with the USC-LTC Agreement.

  1. APPLICATION

  1. Any full-time undergraduate student at Western shall be entitled to the use of a Bus Pass as issued by the USC under agreement with the LTC.

  1. Possession and use of this Bus Pass will be governed and regulated by this policy, the terms and conditions on the reverse of the Bus Pass issued, and the LTC.

  1. This policy shall apply to any undergraduate student at Western, regardless of whether or not she has acquired her Bus Pass, and whether or not she is entitled to a Bus Pass.

  1. CONDITIONS OF USE

  1. The user will be deemed to have accepted the terms and conditions of the Bus Pass upon her first use of the Bus Pass.

  1. Each full-time undergraduate student must use her Bus Pass in accordance with the following guidelines:

  1. A Bus Pass must be presented in conjunction with the student’s own UWO Photo ID Card to the LTC bus driver upon each boarding. The student number on the Bus Pass must match the student number on the UWO Photo ID Card;

  1. The Bus Pass shall not be used in contravention of this policy, any USC-LTC agreement pertaining to the Bus Pass, or any regulation of the LTC;

  1. A student must not make fraudulent use of a Bus Pass which includes, but is not limited to:

  1. Allowing, either directly or indirectly, another individual to use her Bus Pass, regardless of whether or not the other individual is a student, and whether or not the other individual is entitled to a Bus Pass;

  1. Failing to present both her UWO Photo ID card and Bus Pass concurrently and in an unobstructed manner to the driver of any LTC bus;

  1. Altering her Bus Pass or UWO Photo ID Card for the purpose of obtaining fraudulent access to LTC services;

  1. Attempting to make use of, or using, another student’s Bus Pass for the purposes of using a LTC bus transportation service; and

  1. Possessing or using an unauthorized Bus Pass; and

  1. A student shall report any lost or mutilated Bus Pass to the Administrator who will proceed in accordance with Article 5.00 and Article 6.00; and

  1. The student must report a stolen Bus Pass to the London Police Services and/or the Campus Community Police Services, whoever is more appropriate. The student must submit a copy of this report to the Administrator.

  1. NON-COMPLIANCE WITH THIS POLICY

  1. A student will be subject to penalties for not complying with this policy.

  1. Penalties shall be as follows:

  1. Warning;

  1. Loss of Bus Pass;

  1. Levying of administrative costs; and/or

  1. Suspension of their Bus Pass for three (3) academic months; this three (3) month period need not fall within the same academic year.

  1. PROCEDURES

  1. Reprint

  1. Only lost, stolen, or mutilated cards will be reprinted;

  1. The Administrator shall reprint any mutilated Bus Pass, which will be subject to costs and an administrative fee, the total of which is not to exceed $15 plus applicable taxes. The mutilated Bus Pass must be returned to the Administrator prior to the student receiving the reprinted Bus Pass;

  1. The Administrator may reprint any Bus Pass if she reasonably believes the Bus Pass is lost. This decision shall be at the sole discretion of the Administrator. Reprinting any lost Bus Pass will be subject to costs and an administrative fee, the total of which is not to exceed $35 plus applicable taxes; and

  1. The Administrator may reprint a stolen bus Pass without levying an administrative fee. This is at the sole discretion of the Administrator. The Administrator must first be presented with a copy of the report that the student filed with the London Police Services and/or the Campus Community Police Services.

  1. Notification of Infraction

  1. Where there is an alleged infraction, either the USC or the LTC will confiscate the Bus Pass in question from the student;

  1. Notification of all confiscations shall be sent to the Administrator. If the alleged infraction involved a student and/or the Bus Pass of a student, the Administrator shall notify any involved student.
  2. This notification will include an explanation of the confiscation and the petition procedure, and shall occur within five (5) business days of the Administrator receiving notice of the alleged infraction;
  3. Any confiscated Bus Pass in possession of the USC will remain in possession of the USC unless it is returned to the student in accordance with this policy;

  1. Any involved may write a petition to the Administrator to have the penalty waived in return for the Bus Pass;

  1. Any petition must be made within twenty (20) business days of notification by the Administrator, and should include:

  1. All relevant facts and matters of which the petitioner is aware that may has led to the confiscation; and

  1. Any consideration that may be beneficial to the Administrator in rendering a decision upon any student; and

  1. If no petition is made; then

  1. Upon first infraction, the student may pay a fee to have the Bus Pass returned to her. This fee is subject to costs and an administrative fee, the total of which is not to exceed $35 plus applicable taxes; and

  1. Any subsequent infraction may result in the student being denied access to the Bus Pass for a period not exceeding three (3) academic months. At the end of the three (3) month suspension period, the student will be assessed a fee. This fee is subject to costs and an administrative fee, the total of which is not to exceed $35 plus applicable taxes.

  1. DECISION OF THE ADMINISTRATOR

  1. Upon receiving a petition, the Administrator must respond to the alleged infraction within fifteen (15) business days after receiving the petition;

  1. The Administrator will forward a copy of the petition to the Legal Affairs Officer who may be included in subsequent discussions and meetings regarding the particular petition; and

  1. The Administrator will decide upon the appropriate action in accordance with the following provisions, including:

  1. The Administrator may return the Bus Pass without levying a penalty;

  1. Any penalty levied is subject to Article 5.00 of this policy;

  1. APPEAL PROCESS

  1. The decision of the Administrator shall be final.

By-Law #1: Corporate By-Law

Authority: Council

Date Ratified: March 10 2019

Next Review Date: ---

Previous Amendments:  24 February 2009; 11 March 2018

Related Document(s):

Standing Orders of Council Standing Resolutions of Council

Review Committee(s):

Governance & Finance Standing Committee, USC Council

Human Resources Sub-Committee, USC Board of Directors

Delegates:

Senior Manager, Human Resources

Associate, Governance

General

  1. Common Definitions

The list of common definitions here shall apply to this Bylaw and all other USC bylaws, policies, and procedures:

i)        Academic Year means the period from September 1st of any calendar year until August 31st of the following calendar year.

ii)        Board Term means the annual term of the Board, which shall coincide with the corporation’s fiscal year commencing June 1st and ending May 31st.

iii)        Bylaws means the bylaws relating to the transactions and affairs of the Corporation, including any bylaw adopted by the Corporation.

iv)        Building on Campus means any building owned/operated by the University of Western Ontario, except for student residence.

v)         Chief Operating Officer or General Manager means the most senior member of the permanent administrative staff, reporting directly to the Board of Directors and fulfilling duties as per the Chief Operating Officer Policy.        

vi)        Collective Agreement means the agreement between the University Students’ Council of The University of Western Ontario and Canadian Union of Public Employees and its Local 2820.

vii)        Director of the Corporation means a voting member of the Board of Director of the USC, as outlined in Bylaw #1.

viii)        Ex-officio means a member by virtue of their office.

ix)        General Meetings means a Duly Called Meeting of a committee, or a Council meeting that is not the Annual General Meeting.

x)        Letters Patent means the letters patent of the Corporation, as amended and supplemented by supplementary letters patent.

xi)        Observer means any individual who is not a Member and who is in attendance at a meeting of Council.

xii)        Proxy means an authorization of which a member has appointed a proxyholder to attend and act on the member’s behalf at a meeting of the members.

xiii)        Signing Officer means an employee of the Corporation who has authority to execute contracts and other documents on behalf of the Corporation pursuant to Bylaw #1.

  1. Bylaw #1 Definitions

The following definitions shall apply to this Bylaw and shall take precedence over definitions appearing in the list of Common Definitions found within Section 1.1 or in any other bylaws or policy.

i)        Act means the Corporations Act, R.S. 1990, as amended from time and every statute that may be substituted for it.

ii)        Board means the board of directors of the University Students’ Council of the University of Western Ontario.

iii)        Council means the Members of the corporation and the legislative branch of the University Students’ Council.

iv)        Day shall include any day or days of the week, except for Saturday, Sunday, statutory holidays, and the Corporation’s winter holiday and summer Fridays closing periods as set by the Corporation.

v)        Director means a voting director of the Corporation.

vi)        Duly Called Meeting means a meeting of the Board, Council, or a committee called pursuant to the Bylaw or Terms of Reference, regardless of whether or not a quorum has been met.

vii)        Duly Constituted Meeting means a duly called meeting where quorum is met pursuant to the Bylaw or Terms of Reference.

viii)        Executive Officers means the President, Vice-President External Affairs, Vice-President University Affairs, Vice-President Governance and Finance (Secretary Treasurer), Vice-President COmmunications and Public Affairs, and Vice-President Student Support and Programming. .

x)        Managing Director means the most senior employees of the permanent administrative staff, reporting directly to the Chief Operating Officer.

xi)        Member refers to an individual holding any membership class of the Corporation:

xii)        Simple Majority means more than half the votes cast, excluding blanks and abstentions.

xiii)        Student means any individual undergraduate student of Western University, or an Affiliate University College, regardless of part-time status, special status, or if they are on exchange at another academic institution.

xiv)        Two-Thirds Vote means at least Two-Thirds (⅔) of the votes cast, excluding blanks and abstentions.

xv)        University means Western University, or University of Western Ontario.

1.2        Interpretation

Other than as specified, all terms contained in this Bylaw that are defined in the Act shall have the same meaning as they do in the Act. Words importing the singular include the plural and vice versa, and words importing one gender include all genders.

1.3        Severability and Precedence

The invalidity or unenforceability of any provision of any provision of this Bylaw shall not affect the validity or enforceability of the remaining provisions of this Bylaw. If any of the provisions contained in the bylaws are inconsistent with those contained in the Articles of the Act, the provisions contained in the Articles or the Act, as the case may be, shall prevail.

        1.4        Seal

The seal of the Corporation, if any, shall be in the form determined by the Board.

1.5        Elections, Referenda, and Plebiscites

Unless stated otherwise, all elections, referenda, and plebiscites conducted by the Corporation shall be conducted in accordance with Bylaw #2.

1.6        Books and Records

The Board of Directors shall ensure that all necessary books and records of the Corporation required by law are regularly and properly kept.

1.7        Purchasing, Contracts, and Signing of Cheques and Instruments

The Board shall enact a Purchasing Policy that shall delegate its authority to Officers, employees, or other agents to execute specific contracts or documents on behalf of the Corporation.

All contractual matters relating to employees, except the Chief Operating Officer, are under the purview of the Chief Operating Officer with the following exceptions:

The removal of an individual from any Managing Director position, and any termination packages exceeding $100,000, shall be recommended by the Chief Operating Officer and approved by resolution of the Board of Directors.

The removal of an individual from an Executive Officer position, which shall be subject to the procedures contained within the Executive Officer Accountability and Discipline Policy.

The Board shall, at its first opportunity following the Annual General Meeting, approve a list of Officers, employees, or other agents who are authorized to execute documents during the coming fiscal year in relation to signing cheques, bills of exchange, or other orders for the payment of money on behalf of the Corporation and shall approve any changes thereafter.

1.8        Confidentiality

Employees, Agents, Officers, Members, and Directors owe a duty of confidentiality to the corporation as detailed in the Confidentiality Policy.

1.9         Long-Term Plan

The Corporation shall maintain a Long-Term Plan. It shall be the responsibility of the President to initiate and lead long-term planning, and the Council shall approve the Long-Term Plan.

  1. Adoption and Amendment of Bylaws and Policies

2.1         General

The Board of Directors and Council shall enact or amend bylaws and policies in compliance with the procedure provided herein, and not contrary to the Act and the Letters Patent.

2.2        Policy Jurisdiction of the Board of Directors and Council

The Board of Directors and Council may enact, amend, or repeal policies that are in line with their jurisdiction.

The jurisdiction of the Board shall be:

Policies that relate to the authority granted to it by the Act to supervise the management of the Corporation with a focus on human resources, labour-management relations, internal controls, audit, legal and insurance, leases and contracts, purchasing and capital expenditures, banking and investment, physical plant, UCC space usage, any other general corporate policies, and The Gazette.

The jurisdiction of the Council shall be:

Policies that relate to the democratic legitimacy granted to it through election to represent the interests of Western’s undergraduate students. This shall include policies that establish the Terms of Reference, salaries and discipline and accountability of Executive Officers, and advocacy and student interest positions and policies.

If jurisdiction over a policy is unclear, the Secretary-Treasurer shall make a recommendation to the Speaker of Council and the President for their joint decision. If agreement can’t be found, both the Council and the Board shall be required to enact, amend, or repeal the policy.

2.3         Adoption and Amendment of Policies

The Board of Directors and Council shall establish their own procedures to govern the adoption and amendment of policies that are within their jurisdiction.

2.4        Adoption and Amendment of Bylaws

2.4.1        Amendments by the Council

If an Ordinary Member wishes to amend a bylaw, they must submit proposed amendments to the Agenda and Council Operations Committee (ACOC). If an Ordinary Member introduces a proposed amendment at a Council meeting, it shall be stood down by the Speaker and referred to the ACOC.

The ACOC shall review proposed amendments in consultation with the USC Chief Operating Officer or her designates, who may engage USC legal counsel for review and comment. The Chair of the Board may also refer the matter to the Board of Directors for comment if, in her opinion, the amendment could conflict with the best interests of the Corporation.

The ACOC shall review the proposed amendment and make every effort to forward a recommendation to the Council within ten (10) days of the proposed amendment being referred to it. If it cannot make a recommendation within this timeframe, it shall provide Council with an estimated timeline at its next meeting.

The ACOC shall not decisively confirm or reject any proposed amendment, and shall provide a report to Council that includes:

i)        precise wording for the proposed bylaw amendment;

ii)        precise wording for any other sections of the bylaw that are affected by the proposed amendment;

iii)        summary of any legal opinion sought to ensure the amendments are not in conflict with the Act, or any other laws or regulations;

iv)        analysis from the SOC of the merits or ramifications of the proposed amendment; and

v)        analysis from the Board of Directors if the proposed amendments are in the best interests of the Corporation, unless this requirement has been waived by the Chair of the Board.

A motion to sanction the bylaw amendments, accompanied by the report from the ACOC, shall be posted at least six (6) calendar days prior to the next Duly Called Meeting.

The Ordinary Members may sanction or reject the amendments, or may amend the proposed amendments or other sections of the bylaw that are directly affected by the proposed amendments.

Amendments to the bylaws shall be sanctioned by a Two-Thirds (2/3) vote of the Ordinary Members.

2.42         Amendments by the Board of Directors

As per the Act, the Board of Directors may amend the bylaws. If a Director wishes to amend a bylaw they must submit the proposed amendment to the Board’s Agenda Committee, including a rationale for the change. The Agenda Committee shall ensure that the Board of Directors has the information and advice it needs at its meeting to make a well-informed decision related to the proposed amendment.

Bylaw amendments come into force immediately upon a majority vote by the Board, but must be sanctioned by a Two-Thirds (⅔) vote of the Ordinary Members at the first Duly Constituted Meeting of Council following the Board meeting in which the amendments were enacted. If the amendments are not sanctioned at said Council meeting, the bylaw shall revert to its previous reading.

  1. Financial

3.1         Banking

The Board shall by resolution from time to time designate the bank in which the money, bonds, or other securities of the Corporation shall be placed for safekeeping.

3.2         Borrowing

The Board shall by resolution have the authority to borrow money on the credit of the Corporation; limit or increase the amount of money borrowed; issue, sell, or pledge securities of the Corporation; and borrow against the assets of the Corporation.

3.3         Investments

The Board of Directors shall by resolution have the authority to direct the investments of the Corporation. It may also enact an Investment Policy that delegates its authority to other individuals to manage the investments of the Corporation.

3.4        Financial Year

The financial year of the Corporation ends on May 30 in each year or on such other date as the Board may from time to time by resolution determine.

3.5        Annual Budget Process

The Corporation shall maintain a three (3) year budget that shall be updated annually no later than March 15th of each year as per the approval process detailed within the Operating and Capital Budget Approval Policy and Procedure.

3.6         Long-Term Pan

The Corporation shall maintain a Long-Term Plan that shall serve as a foundation for the three (3) year budget. The Plan shall be updated and approved by the Council from time to time.

  1. Directors

Subject to the Act, the directors of the Corporation shall supervise the management of the Corporation and shall be composed of:

i)        Eight (8) Western undergraduate students-at-large, voting;

ii)        President/CEO, ex-officio, voting;

iii)        Secretary-Treasurer, ex-officio, non-voting.

4.1         Election and Term

The Board of Directors Nominating Committee shall nominate a slate of Directors for the Members to elect at the Annual General Meeting, as per the Board Nominating Committee Terms of Reference.

Directors shall be elected for two (2) year terms, with the term commencing at the end of the Annual General Meeting in which they are elected and expiring at end of the AGM that occurs in their second year of service.

Directors who are elected by the Members to fill a vacancy on the Board that occurs in-between AGMs shall serve a term that expires at the next AGM.

Should a Director cease to meet the qualification requirements as per the Act or the bylaws they, shall cease to be a Director.

4.2         Removal or Discipline of Directors

The Members may, by resolution passed by at least two-thirds (⅔) of the votes cast at a General Meeting of which six (6) days’ notice specifying the intention to pass the resolution has been given, remove any Director before the expiration of their term of office as per the Board of Directors Accountability, Discipline, and Removal Policy.

4.3        Vacancies - Directors

Should a Director resign or cease to meet the qualification requirements, the Board of Directors Nominating Committee shall nominate a replacement to the Members for election as per the procedures established within its Terms of Reference.

If the vacancy results in a loss of quorum, the Nominating Committee shall nominate a replacement to the Members as soon as possible.

If the vacancy does not result in a loss of quorum, and it occurs between January and the next AGM, the Board Nominating Committee may recommend to the Members that the Director not be replaced until the AGM. If the vacancy results in a loss of quorum the Members shall not wait until the next AGM to fill the vacancy.

4.4        Responsibility of Directors

Every Director, when exercising her powers and discharging her duties, must:

i)        act honestly, in good faith, and in the best interests of the Corporation;

ii)        carry out her duties as a reasonable person would in the circumstances; and

iii)        comply with the Act, all other applicable laws; and the Articles, bylaws, and policies of the Corporation.

4.5         Qualification

A Director shall meet all the requirements as per the Act. In addition, a Director must be enrolled as a full-time or part-time undergraduate student at Western University at the time of election and throughout her term as a Director.

4.6        Committees

The Board may, from time to time, appoint any committee or other advisory body as it deems necessary for such purposes and, subject to the Act, with such powers and membership as the Board shall see fit.

A current list of Committees and their mandates shall be maintained in the Board of Directors Committees Terms of Reference. Any such committee will formulate its own rules of procedure, subject to such regulations or directions as the Board may from time to time make.

The selection and removal of Committee members shall be done by resolution of the Board.

4.7         Remuneration of Directors

The Directors shall serve as such without remuneration, and no Director shall directly or indirectly receive any profit from his or her position as such. The President and Secretary-Treasurer shall be remunerated as Executive Officers of the Corporation, not for their service on the Board.

The Board may, by resolution and subject to the budget, remunerate individuals who serve on Board of Directors committees for the purpose of securing outside expertise and advice.

  1. Board Meetings

5.1        Calling of Meetings

Meetings of the Board may be called by the Chair, Vice-Chair, or any two Directors at any time. The Chief Operating Officer and the Public Accountant shall be permitted to attend any public Meeting of the Board, and any other individual shall be permitted to attend a Meeting of the Board upon the invitation of the Chair or President, or pursuant to a resolution of the Board.

5.2         Notice

Notice of the time and place for holding of a Meeting of the Board shall be given in person or e-mailed to each Director at least two (2) business days prior to the meeting.

No formal notice of any meeting shall be necessary if all the Directors are present, or if those absent have given their consent to the meeting being held in their absence.

No error or omission in giving notice of any meeting of Directors or any adjourned meeting of Directors shall invalidate such meeting or make void any proceedings taken thereat, and the Directors may at any time waive notice of any such meeting and may ratify, approve and confirm any or all proceedings taken or had thereat.

The address of any person who is entitled to receive notice pursuant to this Bylaw shall be the last address recorded on the books of the Corporation.

5.3        Regular Meetings

The Board may appoint a day or days in any month or months for regular meetings at a place and hour to be named. A copy of any resolution of the Board fixing the place and time of regular meeting shall be sent to all Directors, but no other notice shall be required.

5.4        Votes to Govern

Unless specified within the Bylaw, all questions shall be decided by a majority of votes cast on the question. In the case of a tie vote, the question shall fail.

5.5        Quorum

A majority of the voting Directors shall form quorum of the transaction of business and a quorum of Directors may exercise all the powers of the Board of Directors. Vacant Board of Directors positions shall not be included when calculating quorum.

5.6        Confidential Meetings

The Board may hold confidential meetings when the following issues are addressed: legal, contractual, personnel or any other issue which if disclosed would compromise or adversely affect the Corporation.

Confidential matters shall be included on the Board’s In-Camera agenda in advance of the meeting by the Agenda Committee, or a Director may make a motion during a meeting to place an item on the In-Camera agenda.

Voting Directors are entitled to attend a confidential meeting, and any person whose presence is determined necessary may also be permitted to attend by resolution of the Board.

Only voting members of the Board and those who were invited by the Board to be present at the Confidential meeting shall be entitled to review the minutes of that meeting.

5.7        Participation by Telephone or Other Communications Facilities

A Director may, in accordance with the Act and the Regulations, and if all the Directors consent, participate in a meeting by telephone or an electronic or other communication facility that permits all participants to communicate with each other during the meeting. A Director so participating in a meeting is deemed for the purposes of this Bylaw to be present at that meeting.

  1. Officers of the Board

        6.1         Board Officers to be Appointed

The Board will appoint from among the Directors a Chair at its first meeting following the Annual General Meeting. In the interim period between the AGM and the election of the Chair, the President shall act as Chairperson.

The office of Secretary-Treasurer shall be held by an individual who is hired annually by the Corporation to fulfil this role, and whose appointment shall be ratified by the Board of Directors.

The Board may appoint other Officers and agents as it deems necessary, with authorities and duties as the Board may prescribe from time to time.

6.2         Election of Chairperson

The election will be governed by a preferential balloting process, as detailed in Bylaw #2.

6.3        Duties of the Chairperson

The duties of the Chairperson shall be detailed in the Board Chair Terms of Reference, which shall be subject to review and approval by the Council.

6.4        Duties of the Secretary-Treasurer

The duties of the Secretary-Treasurer shall be overviewed in the Executive Officers Terms of Reference, which shall be subject to review and approval by the Council. A detailed job description shall be developed by the Human Resources Department, subject to approval by the President.

  1. Protection of Directors and Officers

7.1        Indemnification


Every Director or Officer, or other person who has undertaken, or is about to undertake, any liability on behalf of the Corporation, and their heirs, executives and administrators, shall be indemnified and saved harmless out of the funds of the Corporation, from and against:

all costs, charges and expenses whatsoever that the Director, Officer or other person sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against the Director, Officer or other person for or in respect of any act, deed, matter or thing whatever, that is made, done or permitted by them, in or about the execution of the duties of such office, or in respect of any such liability; and

all other costs, charges and expenses that the Director, Officer or other person sustains or incurs in or about, or in relation to the affairs of the Corporation, except those caused by or resulting from willful or intentional dishonesty, deceit, or fraud.

The Corporation shall also indemnify any person in any other circumstances that the Act or laws permit or require. Nothing in this Bylaw shall limit the right of any person entitled to indemnity to claim indemnity apart from the provision of the Bylaw to the extent permitted by the Act or law.

7.2         Directors’ and Officers’ Liability Insurance

The Corporation shall purchase insurance for the Directors and Officers of the Corporation against any liability incurred by a Director of Officer in connection with their duties as a Director and/or Officer of the Corporation.

  1. Conflict of Interest

A Director who is in any way directly or indirectly interested in a contract or transaction, or proposed contract or transaction, with the Corporation shall make the disclosure required by the Act. Except as provided by the Act, no such Director shall attend any part of a meeting of Directors or vote on any resolution to approve any such contract or transaction.


The Corporation shall maintain a detailed
Conflict of Interest Policy, which shall be applicable to Directors, Officers, Members, Volunteers, Employees, or other Agents of the Corporation.

  1. Executive Officers

9.1        Purpose and Composition

The corporation shall employ Executive Officers, who shall be responsible for managing the political affairs of the students’ council, and for managing portfolios that deliver services, events and advocacy for undergraduate students at Western.

The following positions shall be Executive Officers:

President

Vice-President External Affairs

Vice-President University Affairs

Vice-President Student Support and Programming

Vice-President Communications and Public Affairs

Vice-President Governance and Finance (Secretary Treasurer)

9.2        Election or Selection - Executive Officers

The President,Vice-President External Affairs, and Vice-President University Affairs shall be elected as per the procedures established within Bylaw #2, and the Vice-President Communications and Public Affairs, Vice-President Student Support and Programming, and Vice-President Governance and Finance (Secretary Treasurer) shall be hired as per established human resources practices. Executive Officers shall manage the day-to-day affairs of their portfolios as per the authorities delegated to them by Bylaw #3.

9.3        Eligibility - Executive Officers

Each Executive Officer must have been a Student for two (2) consecutive semesters at the time of her appointment, election, acclamation, or employment. Two (2) consecutive semesters shall mean the current semester plus the previous semester.

Individuals who are currently serving as an Executive Officer are ineligible to seek re-election or re-appointment to either their own position or another executive position.

9.4         Term of Office - Executive Officers

Executive Officers shall hold office for a term of one (1) year commencing June 1st and terminating May 31st of the following year.

9.5        Discipline or Removal - Executive Officers

Discipline, suspension or removal of Executive Officers shall occur as per the Executive Officer Accountability and Discipline Policy.

9.6        Vacancies - Executive Officers

A vacancy in the position of President shall be filled in a manner determined by the Council. In the interim, the line of succession for the President shall operate in the following order:

  1. Vice-President University Affairs
  2. Vice-President External Affairs
  3. Vice-President Student Support and Programming
  4. Vice-President Governance and Finance (Secretary Treasurer)
  5. Vice-President Communications and Public Affairs
  6. Such individuals as appointed by council

A vacancy in the position of a Vice-President External Affairs or University Affairs shall be filled in a manner determined by the Council, with duties of the vacant position to be carried out in the interim by such person or persons as determined by the President.

A vacancy in the position of Vice-President Governance and Finance (Secretary Treasurer), Vice-President Student Support and Programming, or Vice-President COmmunications and Public Affairs shall be filled via a hiring process, with duties of the vacant position to be carried out in the interim by such person or persons as determined by the President.

  1. Management and Staff

10.1         Chief Operating Officer

The corporation shall employ, under the direction of the Board of Directors, a Chief Operating Officer. She shall be responsible for managing the day-to-day corporate affairs of the students’ council, and for supervising full-time staff.

The Chief Operating Officer shall manage the affairs of the corporation as per the authorities delegated to her by the Board within the Chief Operating Officer Policy. 

10.2        Performance Management

The President shall act for the Board as the Chief Operating Officer’s day-to-day supervisor.

The Board shall ensure that the Chief Operating Officer receives regular and constructive feedback regarding her performance.

  1. Councillors (Members)

11.1        Members

There shall be two (2) classes of membership:

        

Ordinary Members; and

Resource Members

A membership in the Corporation is not transferable and automatically terminates if the Member resigns or such membership is otherwise terminated in accordance with the Act, or upon expiry of the Member’s term as per the bylaws.

11.2         Qualification

Except for Executive Officers, a Member must be a Student in the constituency they represent at the time of her election or acclamation and must remain a Student in that constituency for the duration of their term of office. If they cease to be a Student in the constituency they were elected to represent, they cease to be a Member.

Constituent councils may elect representatives as Members by procedures established by that constituent council, provided that such procedures do not conflict with this Bylaw.

11.3         Voting Classes

Ordinary and Resource Members are entitled to receive notice and attend meetings, but only Ordinary Members are entitled to vote.

Resource Members are not entitled to attend in-camera meetings unless invited to do so by resolution of the Ordinary Members.

11.4        Composition of the Membership

11.4.1.        Voting, Ordinary Members


Ordinary Members shall include:

        (1) The President and Vice President; Following the first half of the 2020 AGM, this struck through text shall be erased

        (2) The Speaker of Council; and

        (3) All constituency councillors, including faculty and affiliate council presidents, ex officio, representing the constituencies of the student body. The composition of constituency representation, and the mechanics that direct such composition, is detailed in the Council Composition Procedure.

11.4.2         Non-Voting, Resource Members

(1) All Resource Members shall be listed in the Council Composition Procedure.

11.5        Reviewing Council Composition

(1) Council composition shall be reviewed every year in advance of the Spring Elections as per the Council Composition Procedure.

11.6         Termination of Membership

A Membership in the Corporation is terminated when:

i)        a Member fails to maintain qualifications for membership;

ii)        the Member resigns by delivering a written resignation to the President in which case such resignation shall be effective on the date specified in the resignation;

iii)        the Member is removed in accordance with the provisions of the Executive Accountability and Discipline Policy, the Director Accountability and Discipline Policy, or the Councillor Accountability and Discipline Policy, as the case may be; or

iv)        the Member’s term of membership expires.

11.7         Discipline or Removal of Councillors (Members)

The Council shall have authority, in accordance with the Act, to suspend or expel any Member from the Corporation with a two-thirds (⅔) vote at a General Meeting for which six (6) days’ notice has been given.

11.8         Term of Office - Councillors (Members)

An individual elected or acclaimed to Council shall hold her position as an Ordinary Member commencing at the second part of the Annual General Meeting until the adjournment of the Annual General Meeting of the following year.

An exception shall be Education, Dentistry, WELC, and Law Councillors, who shall remain Members until their successors are elected after the Annual General Meeting.

11.9         Vacancies - Councillors (Members)

If the vacancy occurs before the Fall by-election, it shall be filled via by-election. If it occurs after the Fall by-election, it shall be filled by a vote of the constituency council in which the vacancy occurred as per its procedures.

  1. Council Meetings

12.1         Calling of Meetings

A General Meeting may be called by:

i)        a resolution of Council;

ii)        the Speaker of Council;

iii)        the President or Chairperson of the Board, upon written request to the Speaker of Council;

iv)        five (5) Ordinary Members, upon written request to the Speaker of Council.

Notice shall be given in accordance with Section 13 of this Bylaw.

All meetings shall be held at Western University or elsewhere in Ontario as the Speaker of Council may determine and on such day as the Speaker of Council may appoint.

12.2        Rules of Procedure

The Speaker of Council shall maintain Standing Orders that shall govern the proceedings of Meetings. Standing Orders shall be approved annually by the Council at its first meeting in September.

In general, the rules of procedure for meetings shall be determined in order of preference by: the bylaws, the Standing Orders, and Robert’s Rules of Order.

12.3        Advance Voting and Proxies

Rules for advance voting and proxies shall be maintained in the Standing Orders and shall be in accordance with the Act.

12.4        Quorum

Quorum shall be a majority of the Ordinary Members.

As an exception to the above, quorum for meetings held during the months of May to August shall be thirty (30) per cent of the Ordinary Members.

12.5        Regular Meetings

The Speaker of Council may appoint a day or days in any month or months for regular meetings at an hour and place to be named, and for such meetings no subsequent notice need be sent.

12.6        Confidential Meetings

The Council may hold confidential meetings when the following issues are addressed: legal, contractual, personnel or any other issue which if disclosed would compromise or adversely affect the Corporation.

Confidential matters may be included on a separate In-Camera agenda, as determined by the Senior Operations Committee of Council. A Member may make a motion during a Meeting to place an item In-Camera.

Ordinary Members are entitled to attend confidential meetings. Additional participants can be invited to attend by the Senior Operations Committee or by a resolution of the Members.

12.7        Minutes and Records

The Secretary-Treasurer shall be responsible to ensure that minutes are taken at all meetings.

12.8        Annual General Meeting

The Speaker of Council shall set the date for the Annual General Meeting.

Members shall transact all business as required by the Act at the AGM. The agenda and rules of procedures for the AGM shall be maintained in the Standing Orders.

12.9        Council Standing Committees and Task Forces

The Council may from time to time appoint any committee, task force or other advisory body, as it deems necessary for such purposes and, subject to the Act, with such powers and membership as the Council shall see fit.

A current list of Standing Committees and their mandates shall be maintained in the Standing Committee Terms of Reference. Any such committee will formulate its own rules of procedure, subject to such regulations or directions as the Council may from time to time make.

The selection and removal of Committee members shall be done by motion of the Council.

  1. Notices

13.1        Method of Giving Notices

Any notice, other than notice of a meeting of Members or a Meeting of the Board of Directors, pursuant to the Act, the Articles, the bylaws or otherwise to a Member, Director, Officer or member of a committee of the Board or to the Public Accountant shall be sufficiently given:

If delivered in person, by mail, or sent to such person by electronic mail or other electronic communication facility at such person’s recorded address for that purpose. Notice sent by mail shall be deemed received three (3) days after it was mailed, Notice given in person or by e-mail shall be deemed to have been received on the day it was sent.

The Secretary-Treasurer may change or cause to be changed the recorded address of any Member, Director, Officer, Public Accountant, or member of a committee of the Board in accordance with any information believed by the Secretary-Treasurer to be reliable. The declaration by the Secretary-Treasurer that notice has been given pursuant to this Bylaw shall be conclusive evidence of the giving of such notice.

13.2        Omissions and Errors

The accidental omission to give any notice to any Member, Director, Officer, member of a committee of the Board, or Public Accountant, or the non-receipt of any notice by any such person when the Corporation has provided notice in accordance with the bylaws or any error in notice not affecting its substance shall not invalidate any action taken at any meeting to which the notice pertained otherwise founded on such notice.

By-Law #2: Elections By-law

Elections Procedures of the University Students’ Council

Elections Procedure Code

The University Students’ Council of the University Western Ontario, hereinafter called the “Corporation” is a governing body incorporated in 1965 under Letters Patent with Directors and members duly elected by the students of the University of Western Ontario, and, in this capacity, the Corporation finds itself concerned with the democratic operation of electoral rules and procedures by which it abides. As such, the Corporation has approved the procedures and standards set out in this Bylaw in an attempt to accomplish the following:

Vision Statement


To maximize the opportunity for students to be involved in USC-governed elections at the University of Western Ontario, as candidates, voters, and informed individuals.

Principles:

Statement of Independence

The USC shall not endorse or support the views of any Candidate in any election. Further, the views of any Candidate during the course of campaigning shall not necessarily represent the views of the USC or current Elected or Appointed Officials.





CONTENTS: BYLAW #2: ELECTIONS BYLAW


PART A: ELECTIONS

  1. Definitions
  2. Jurisdiction
  3. Administration of Bylaw #2
  4. Amendments to Bylaw #2
  5. Annual Elections Timetable
  6. The Constituency
  7. Candidate Eligibility
  8. Voter Eligibility
  9. Administration of Elections
  10. The Ballot
  11. Rules for Elections, Plebiscites, and Referenda
  12. Campaign Materials and Branding
  13. Campaign Finances
  14. Violations of Campaign Rules
  15. Interference by Outside Parties
  16. Election Results
  17. Special Rules for Vice-Presidential External Affairs and Vice-Presidential University Affairs Elections
  18. Preferential Voting Rules
  19. Appeals of Committee Decisions or Elections Results

PART B: REFERENDA AND PLEBISCITES

  1. General
  2. Student-Initiated Referendum
  3. Council-Initiated Referendum
  4. Student-Initiated Plebiscite
  5. Council-Initiated Plebiscite
  6. Registered Interest Party
  7. USC-Sponsored Interest Side
  8. Information-Based Campaign
  9. Finances
  10. Appeals of Plebiscite or Referendum Results
  11. Context and Enactment



BYLAW #2: ELECTIONS BYLAW

Authority: Council

Date Ratified: November 27, 2019

Previous Amendments: November 28th 2018

PART A: ELECTIONS

  1. Definitions
    For the purpose of this Bylaw, in addition to definitions from Bylaw #1, these terms shall be defined as follows regardless of capitalization:
  1. Acting in Contempt means willful disobedience to, or open disrespect of, the Committee.

  1. Arm’s-length Party means any individual or group who is not a campaign volunteer.
  2. Campaign Material means any item, giveaway, design, sound, symbol, or mark that is created or copied in any form in order to and/or likely to influence at least one voter to cast a ballot in favour or in opposition of a candidate.
  3. Campaign Period means the designated days during which a candidate may campaign, as set by the CRO.
  4. Campaigning means any attempt by an individual or organization to encourage a student to cast a ballot in favour or in opposition of a candidate. This may occur with or without campaign material.
  5. Campaign Volunteer means an individual, group, or organization who a Candidate knew, or reasonably ought to have known, would assist that candidate with campaigning and/or the logistics of campaigning.

 

  1. Candidate means any individual that appears as a single political entity on the voting ballot.
  2. Candidate Forums means organized events by the Committee where candidates may present their platforms.
  3. Committee means the Elections Governance Committee.
  4. Consultations means a meeting held to gather information for the purposes of assembling a campaign team and/or platform.
  5. CRO means Chief Returning Officer of the USC.
  6. Days means school days unless specified otherwise.
  7. Designated Polling Station means an electronic polling station installed and under the control of the CRO during balloting.
  8. Distribute means the dissemination of campaign materials by a candidate, or a campaign volunteer, to any individual or group.
  9. Divisional Election means an election for representatives of undergraduate constituencies.
  10. Election shall include any by-election.
  11. Endorsement means supporting a candidate either verbally or through the provision of materials, advertisements, or financial or non-financial donations.
  12. Fair Market Value of a product or service means the typical price, without special concessions or discounts, that is available to all persons who approach a person or company that sells, or deals in, that product or service.
  13. Fall Semester means the session of the academic year starting in September and ending at the conclusion of the December exam period.
  14. Plebiscite means a question posed to Western University’s student body, the results of which are non-binding.

  1. Presidential Election means an election for President.

  1. Prospective Candidate means an individual or group of individuals who have expressed an interest in running in a USC Election regardless of having submitted a Declaration of Candidacy. One shall be considered a prospective candidate up until the moment one submits a valid nomination form.
  2. Proxy means an authorization by means of which a candidate has appointed another student to attend and act on the candidate’s behalf.
  3. Public Domain means any place to which the public has an automatic right of access.
  4. Referendum means a question posed to Western University’s student body, the results of which shall be binding only if a minimum of 20% of the student body votes in the referendum.

  1. Regulations means guidelines released by the Elections Governance Committee indicating how the Bylaw will be interpreted and applied.
  2. Secretary of the University as defined by the University of Western Ontario.
  3. Spoiled vote means any ballot cast that is not a valid vote.
  4. Sponsorship means a financial contribution made for the purpose of supporting a candidate’s campaign.
  5. Student includes any individual with undergraduate status registered at the University of Western Ontario, King’s University College, Huron University College, or Brescia University College unless otherwise specified.
  6. Third-Party Fee is a fee that funds a program or service run by an organization other than the USC that benefits Western students.
  7. University means the University of Western Ontario together with King’s University College, Huron University College, and Brescia University College.
  8. USC means University Students’ Council of the University of Western Ontario.
  9. USC recognized organization shall include but is not limited to: Members of Council, clubs, Faculty Councils, USC Services, Affiliate Councils, and accredited groups.
  10. University recognized organizations shall include but is not limited to: Western Athletics, sports teams, Residence Councils, and Faculty Associations.
  11. Valid Vote means any ballot that is cast with x number of candidates selected when the voter can legally select y number of candidates, and where y +1 > x > 0.
  12. Vice-Presidential Election means an election for the Vice-President External Affairs or the Vice-President University Affairs.
  13. Votes Cast means the total of valid votes and spoiled votes.
  14. Winter semester means the session of the academic year starting in January and ending at the conclusion of the April exam period.
  1. Jurisdiction
  1. Jurisdiction of this Bylaw shall extend to include all students registered at the University.
  2. The provisions of this Bylaw shall extend to the on-campus and off-campus actions of any and all candidates and campaign volunteers, given that those actions are within the scope of a USC election, by-election, plebiscite, and/or referendum conducted by the USC.
  3. The provisions of this Bylaw shall apply to those USC elections, by-elections, plebiscites, and referenda conducted by the USC.
  4. Notwithstanding section 2.2, the Secretary of the University is the Chief Returning Officer of the Board of Governors’ and Senate elections. The CRO shall assist the Secretary of the University in the facilitation and regulation of Board of Governors and Senate campaigning.
  5. For the purposes of expediency and fairness, in the event of a by-election for faculty, residence, or college representatives, the Committee may, at its discretion, surrender jurisdiction of the election to the respective faculty, residence, or college student council.

  1.  No Election, referendum, or plebiscite conducted outside of the jurisdiction of this Bylaw concerning the USC shall be recognized by the USC, unless the election is independently administered by a faculty or affiliate council to cover activities solely within the purview of that organization.

  1. All USC-Affiliated Organizations shall be responsible for upholding the provisions of this Bylaw.
  1. Administration of Bylaw #2
  1. It will be the duty of the CRO and the Committee to administer this Bylaw, and to uphold its Visions and Principles.
  2. The CRO and the Committee shall have the sole authority to enforce the provisions of this Bylaw.
  3. The Elections Governance Committee shall:
  1. Be composed of:
  1. The Chief Returning Officer (CRO), ex-officio, as chairperson, voting;
  2. The Deputy Returning Officer (DRO), ex-officio, as vice-chairperson voting;
  3. The Secretary-Treasurer, ex-officio, as a resource, non-voting;
  4. Up to nine (9) students of the University, voting;
  5. Manager of Government and Election Services, ex-officio, as a resource, non-voting; and
  6. Further details of the Elections Governance Committee composition are noted in the Elections Governance Committee Terms of Reference.
  1. Oversee the Spring, Fall, and Vice-Presidential Elections in accordance with the provisions of Bylaw #2.
  2. Develop and maintain a clear set of criteria and considerations to be used by the Committee when making decisions relating to elections.
  1. The Committee may release Regulations detailing how Bylaw #2 will be interpreted and applied during an election period. The Regulations shall be binding as though they were a part of the Bylaws, provided that:
  1. The Regulations are strictly consistent with the Bylaws and the provisions included therein;
  2. The Regulations are openly available to candidates at the start of nominations; and
  3. The Committee recommend to Council any Bylaw amendments related to Regulations issued as soon as possible following the conclusion of the Election period if they so choose.
  1. Make recommendations to Council on all matters, including Bylaw amendments that relate to the elections.
  2. Not seek office in an election, support any candidate, or endorse a position in a referendum or plebiscite administered by the Elections Committee during her term; and
  1. Failure to comply with this requirement will result in immediate removal from the Elections Committee.
  1. Amendments to Bylaw #2
  1. Written notice of any amendments to provisions of this Bylaw regarding Board of Governors or Senate elections as approved by the USC shall be provided to the Secretary of the University by the Secretary-Treasurer as soon thereafter as practical.
  1. Annual Elections Timetable
  1. There shall be three sets of USC elections each year: Fall Elections, Spring Elections, and Vice-Presidential Elections. The Fall elections will consist of Divisional candidates, the Spring Elections will consist of both Divisional and Presidential candidates, and the Vice-Presidential Elections will consist of Vice-Presidential candidates.
  1. For the purposes of this Bylaw, a campaign period is that determined by the Committee in accordance with Sections 5.3.2 and 5.4.2 of this Bylaw.
  2. Referenda and plebiscites are subject to PART B of this Bylaw, and they shall be held concurrently with either the Fall or Spring election period.
  1. The Board of Directors Nominating Committee shall be struck each year and shall report to Council at the Annual General Meeting. The composition of this Committee shall be determined by Bylaw #1 of the Corporation.
  2. Subject to necessary changes by the Corporation, the Fall Election timetable shall be as follows:
  1. Nominations: Nominations for candidates shall open no later than September 28th and close the Friday preceding the commencement of the campaign period. In any event, nominations shall be open for at least five (5) days and shall close not more than two (2) days prior to the commencement of the campaign period.
  2. Campaigning: The campaign period for candidates shall begin no later than October 19th each year and shall continue up to and including the day of the close of balloting. In any event, the campaign period shall be no shorter than nine (9) days.
  3. Balloting: Balloting shall take place on-line over a minimum of two (2) consecutive days (from 8:00am on the first day to 8:00pm on the last day) and shall conclude no later than October 31st.
  1. Subject to necessary changes by the Corporation, the Spring Election timetable shall be as follows:
  1. Nominations: Nominations shall open no later than January 12th and close the Friday preceding the commencement of the campaign period. In any event, nominations shall be open for at least five (5) days and shall close not more than two (2) days prior to the commencement of the campaign period.
  2. Campaigning: The campaign period for candidates shall begin no later than January 24th each year and shall continue up to and including the day of the close of balloting. In any event, the campaign period shall be no shorter than nine (9) days.
  3. Balloting: Balloting shall take place on-line over a minimum of two (2) consecutive days (from 8:00am on the first day to 8:00pm on the last day) and shall conclude no later than February 3rd.
  1. Vice-Presidential Elections
  1. Nominations: Nominations for Vice-Presidential candidates shall be open no later than January 31st and shall not close before the announcement of the Presidential election results and close no later than fifteen (15) days prior to the second-half of the Annual General Meeting of the Corporation.
  2. Campaign Period: The campaign period for the Vice-Presidential candidates shall begin at the close of nominations and continue up to and including the day preceding balloting at the Annual General Meeting of the Corporation.
  1. The Constituency
  1. The constituencies and number of Councillors representing each shall be as indicated by Bylaw #1 of the Corporation.
  1. Candidate Eligibility
  1. An individual shall be eligible to be a candidate if at the time of their candidacy they have been registered as a full or part-time undergraduate or professional student at the University for two (2) consecutive semesters (i.e., Fall semester, Winter semester) including the one in which the election is to take place as determined by the records of the University.
  1. For the purpose of the Fall Elections, two (2) consecutive semesters shall be taken to mean the current Fall semester and the previous Winter semester.
  2. Individuals enrolled as a first-year undergraduate student or Western English Language Center student at the University shall not be required to meet the “two semesters” criterion for the Fall Elections.
  3. Undergraduate or professional students of the University that are on exchange at another academic institution at the time of voting for a given election shall be entitled to be a candidate and vote in said election.
  1. Candidates in Divisional Elections shall be planning to remain registered as a full or part-time undergraduate or professional student at the University for the duration of the term of office relating to the position for which they are running; however

  1. Western English Language Center students are not subject to this restriction.
  1. An individual shall only be eligible to be a candidate in the constituency in which they are enrolled as determined by the records of the University.
  2. Any student who has any outstanding fines as issued by the Elections Governance Committee or the Secretary of the University shall be deemed ineligible to be a candidate for election until such time as those fines are paid.
  3. Any student who has outstanding loans from the USC Presidential, Vice-Presidential, or Divisional elections, and who has not made arrangements for the repayment of said loans with the Managing Director of Financial and Corporate Resources of the Corporation, shall be deemed ineligible for election until such time as repayment arrangements are made.
  4. Any student who is an Executive, Associate Vice-President, Intern, or Coordinator with the USC is eligible to be a candidate in any election, however they shall be deemed ineligible unless they take an unpaid leave of absence from their duties starting on the day the campaign period begins until the end of the voting period.

Nomination Forms

  1.  Candidates for all election positions must complete a nomination form using the form released by the CRO on the date specified by the legislative calendar.
  1. A nomination form shall only be valid if the required nomination form has been submitted prior to the closing of nominations and has been filled out completely and accurately, including a valid Western email address.
  2. Appeals regarding the validity of the nomination shall be made in writing to the Committee no later than twenty-four (24) hours following the closing of nominations. The Committee will render a decision prior to the beginning of the campaign period.
  3. A person may not submit a nomination form for more than one position in any one election.
  4. Further details of nomination form requirements are outlined in the Nominations Procedure.

All Candidates Meeting

  1. Candidates shall be declared ineligible if they fail to attend the All-Candidates Meeting and the candidate fails to send a proxy to the All-Candidates Meeting. The candidate, whether present in person or not, is entirely responsible for understanding and abiding by all information provided at the All-Candidates Meeting.
  1. Voter Eligibility
  1. In order to vote each student must possess, and login online using a unique University email username and password. Further requirements are detailed below.
  2. USC Elections:
  1. For the purposes of this section, “USC Elections” refers to any USC-administered election for Faculty Councillor, Affiliate Councillor, Faculty President, Affiliate President, USC President, or USC Vice-President External Affairs or University Affairs.
  2. In order to be eligible to vote in a USC Election, an individual must be registered as a full or part-time undergraduate or professional student at the University and pay tuition to the University for the current academic year.
  3. For elections specific to a particular faculty or affiliate, voters must be registered as a student in the corresponding faculty or affiliate college.
  4. The USC will rely on records provided by the University to determine which students are registered as full or part-time undergraduate or professional student and pay tuition to the University, and in which constituency each student is registered.
  1. University Elections:
  1. For the purposes of this section, “University Elections” refers to the USC-administered elections for Senate and Board of Governors.
  2. The criteria for voter eligibility in University Elections shall be determined by the Secretary of the University.
  1. Administration of Elections
  1. The Committee:
  1. Elections sponsored by the Corporation shall be conducted and supervised by the Committee.
  1. All committee members must abide by the USC’s Conflict of Interest Policy and sign confidentiality agreements.
  1. The Chief Returning Officer:
  1. The following items will be publicized by the CRO on behalf of the Corporation for the purposes of each election period:
  1. Call for nominations for USC elections, released alongside a nomination package that includes information about positions up for election, election related policies and procedures, the election calendar, and any election related forms and paperwork;

  1. Update daily the elections website with the number of candidates for each position in the USC election as their nominations are processed, omitting the names of the candidates;

  1. Announcement of the time and date for online balloting; and

  1. Announcement of the official results for USC elections.
  1. The Ballot
  1. The Fall and Spring ballots shall include the following segments, with electors able to abstain from any or all segments on the ballot without risk of spoiling the ballot:
  1. Fall Elections: the list of constituencies being contested by Divisional candidates and the names of candidates in each constituency, and referendum/plebiscite question(s), if applicable.
  2. Spring Elections: the names of Presidential candidates, as well as a list of constituencies being contested by Divisional candidates and the names of candidates in each constituency; and referendum/plebiscite question(s), if applicable.
  1. A hyperlink to the voter sign-in page shall be placed in a prominent location on the USC Homepage and the USC Elections page during the Fall and Spring Elections balloting periods.
  2. The following criteria must be met when developing the layout of the ballot:
  1. The names of the candidates for the constituency shall be listed in alphabetical order by the last name. The names of the candidates for the USC Presidency shall be listed in alphabetical order by the last name.
  2. Only the legal names of candidates, or reasonable variations thereof, shall appear on the ballot as approved by the CRO.
  1. The layout of the ballot shall be inspected by the Chief Returning Officer prior to balloting to ensure that it conforms with the criteria set out in this document.
  2. All candidates will have an opportunity to review the ballot not less than seventy-two (72) hours before balloting.
  3. Any candidate who, after inspecting the ballot, has concerns about the layout of the ballot, may address those concerns in writing to the CRO for consideration by the Committee.
  1. Any concerns regarding the ballot must be submitted to the CRO no less than twenty-four (24) hours before balloting opens.
  2. The Committee shall respond to any concerns within twenty-four (24) hours of the submission.
  3. Any appeals of a decision made by the Committee with respect to a submission made under Section 10.6 must be submitted in writing to the Government and Advocacy Services Manager not less than twenty-four (24) hours before balloting begins.


  1. Rules for Elections, Plebiscites, and Referenda
  1. Fair Play
    Candidates shall campaign in accordance with the rules of fair play. Breaking the rules of fair play include but are not limited to: libel, slander, general sabotage of the campaigns of other candidates, intentional misrepresentation of fact, and malicious or intentional breach of this Bylaw or other applicable regulations.
  2. Responsibility of Candidates
    Candidates shall be responsible for the actions, and the violations stemming from such actions, of any campaign volunteer(s) unless the Candidate satisfies the Committee that they did not direct the action and could not have reasonably foreseen that the action would occur.
  1. Candidates may dissociate themselves from any person or organization who would otherwise be considered a campaign volunteer provided that they give immediate notice to the CRO in writing, and provided that the Committee is satisfied that the dissociation is genuine.
  2. A candidate shall not be held responsible for the actions of any person or organization if the candidate has previously and adequately dissociated herself from that person or organization.
  3. Candidates shall compile and maintain an up-to-date list of the names and email addresses of all campaign volunteers. The list shall be forwarded to the CRO within six (6) hours of the CRO’s request.

  1. Candidates shall comply with all Elections Governance Committee directives and not act in contempt of the committee.
  1. Existing Policies
    It is the responsibility of the Candidate to ensure that all campaign plans, materials, and/or advertisements conform to all policies and regulations of the USC and University, and with all municipal, provincial, and federal laws. Campaign displays and the distribution of literature on campus are also subject to the requirements of the Facilities Management and/or Reservations Office.
  1. Restrictions regulating campaigning that are unique to King’s University College, Brescia University College, Huron University College, student residences, and buildings on campus must be strictly adhered to. It is the responsibility of the candidates to familiarize themselves with the different rules which may govern each of the aforementioned entities.
  1. Benefits Acquired by Virtue of Office
  1. Candidates and campaign volunteers are not entitled to use in their campaign any service tangible benefits, or resources conferred on them by virtue of holding any position in any organization. This includes but is not limited to: mailing lists, office space, office supplies, equipment, advertising space, and secretarial services.
  2. Any student who is a USC Executive, Associate Vice-President, Intern, or Coordinator cannot endorse a candidate or be a campaign volunteer during the campaigning or balloting periods of the election, pursuant to the following conditions:
  1. If an Associate Vice-President, Intern, or Coordinator wishes to endorse a candidate or become a campaign volunteer, they must take an unpaid leave of absence for the duration of the campaign period; however

  1. Under no circumstances may a USC Executive, Associate Vice-President, Intern, or Coordinator utilize USC resources, including their title and any established modes of communicating to students on behalf of the USC, to endorse Candidates.

  1. No Solicitation of the Executive and USC
    Candidates shall not solicit the aid or endorsement of any USC Staff or Executive member for the purposes of campaigning.
  1. Any unsolicited aid or endorsement received by a candidate from a Staff or Executive member is prohibited, and the candidate shall not be subject to penalty.
  2. Solicitation of the Executive and USC shall not include consultations held by candidates for the purpose of creating a platform.
  1. Approval of Campaign Materials and Activities
  1. All printed campaign materials and advertisements require approval by the CRO in advance of posting, printing, and/or distributing.
  1. Campaign material shall only be approved in the immediate leadup to and during the campaign period.
  1. All candidates are required to submit an event proposal to the CRO for approval for any USC elections-related events including, but not limited to, volunteer rallies, campaign rallies, campaign launch parties, and campaign social events. This shall be a requirement for events both on and off of the University’s campus.
  1. The CRO shall provide an event proposal template to be used by candidates at the beginning of the campaign period.
  2. Proposals shall be submitted to the CRO for approval at least forty-eight (48) hours prior to the intended event.
  1. Pre-Campaigning
    Candidates and prospective candidates are not permitted to influence or attempt to influence voters prior to the campaign period, including, for example: through the posting of material designed and/or likely to influence voters. Candidates and prospective candidates may engage in activities related to planning a campaign or assembling a campaign team and may answer questions from the media with regard to election plans.

  1. The Committee reserves the right to find a candidate or prospective candidate in violation of this Bylaw if the actions taken by the candidate or prospective candidate in preparing for the campaign are adjudged to be designed/likely to influence voters.

  1. Prior to the campaign period, the maximum number of campaign volunteers a candidate is permitted to have on their campaign team is limited to fifty (50).
  1. Cross-Campaigning
    Cross-campaigning in any election is prohibited. Each candidate must maintain separate finances, and produce unique campaign materials.
  2. On-Campus Campaigning
  1. Candidates shall not campaign in the USC Main Offices (including the workspace or office of any Staff, Executive, or volunteer) or Council Chambers, or during any meeting of Council or the Standing Committees of Council regardless of location. This prohibition shall include but not be limited to the display of campaign materials, verbal campaigning, and discussion of campaign logistics.

  1. In the case of Vice-Presidential Elections, the USC Main Office shall not be taken to include the USC Conference Rooms. Usage of the USC Conference Rooms for the purpose of campaigning shall not be taken to be a benefit acquired by virtue of office as long as the candidate obtains access to the USC Conference Rooms through the CRO. All access to the USC Conference Rooms for the purpose of campaigning must be obtained through the CRO. The CRO shall be responsible to ensure that candidates’ access to USC Conference Rooms is supplied equitably and equally. The EGC may establish, repeal, and amend procedures to manage the allocation and usage of the USC Conference Rooms by candidates.
  1. Any and all campaign activities including but not limited to physical distribution of campaign materials in student residences will be done in compliance with any and all regulations released by the Committee in conjunction with Western’s University’s Housing and Ancillary Services.
  2. Approved campaign posters may only be posted on poster boards that are reserved by the Committee and designated as an elections poster board.
  3. Physical campaign materials shall not be distributed to vacant surfaces throughout the University (i.e. candidates may not leave campaign materials on desks in libraries, or tables in eateries, etc.).
  1. Off-Campus Campaigning
  1. Candidates and their volunteers may campaign in locations off of the University’s campus. These occurrences may include but are not limited to: the physical distribution of campaign materials, volunteer rallies, campaign rallies, campaign launch parties, and campaign social events.
  2. Any and all off-campus campaign events must receive approval from the CRO as per Section 11.6 of this Bylaw.
  3. Physical campaign materials may not be distributed to any residence, apartment complex, or place of business without consent.
  1. Candidates and their volunteers are required to seek and receive express written permission from the building manager of any apartment complex prior to attending said building to campaign. This written permission must establish all relevant conditions including but not limited to:
  1. The time frame candidates and their volunteer(s) may visit;
  2. The number of candidates and volunteers that may visit; and
  3. The manner in which candidates and their volunteer(s) may distribute physical campaign materials to residents (i.e., whether or not consent is required from each individual resident before posting campaign materials on doors).
  1. The permission must be submitted to the CRO prior to attending the residence.
  1. Campaigning During the Voting Period

  1. While the polls are open, candidates and their volunteer(s) are permitted to continue campaigning as normal, pursuant to the following restrictions:

  1. All campaigning shall be prohibited within the sightline of all Designated polling stations; and

  1. No candidate, campaign volunteer, or any other party shall: cause a willful disturbance, or interfere, or attempt to interfere, with an individual’s right to vote; or coerce, or attempt to coerce, a vote through the use of intimidation.

  1.  Candidates and their campaign volunteer(s) shall not establish their own polling station to solicit votes.

    Example 1

    Candidates would be prohibited from approaching students with an electronic device and encouraging them to log on to said device and vote.
  1. Campaign Materials and Branding
  1. Candidates in all elections shall refrain from the use of the USC or University logo and any other USC or University copyrighted material or image when producing materials printed, written, or otherwise produced for the purposes of campaigning.

  1. Candidates shall not be able to declare their campaign colour as the colour purple, or any colour that can reasonably be mistaken for the colour purple.
  2. All campaign materials, including but not limited to posters to be printed commercially and promotional materials, shall be printed at USC Promotions unless the service required is unavailable and a reasonably comparable replacement is unavailable at  USC Promotions.
  1. Any work orders placed with  USC Promotions must be made via email, and approved within a reasonable timeframe by the CRO in advance.
  1. Candidates may campaign and distribute campaign materials at their own discretion, subject to the limitations of this Bylaw. The Committee reserves the right to find a candidate in violation of this Bylaw if their campaign materials do not conform to the following non-exhaustive limitations:
  1. Campaign material cannot contain copyrighted material or images without the consent of the copyright holder;
  2. Campaign materials may not depict images of alcohol or drug use;
  3. All campaign material must not be in violation of the UWO Code of Student Conduct or the USC Community Standards Policy; and
  4. Any campaign material posted in an area designated by the Committee for posters shall not exceed a size greater than 11”x17”.
  1. Physical campaign materials may not be distributed to individuals without their consent.
  2. Posters and other campaign materials shall not be within a direct line of sight of a Designated Polling Station during the balloting period and may be removed at the discretion of the CRO.
  1. Campaign Finances
    Campaign finances shall be governed in accordance with the
    Elections Governance Committee Finance Procedure. The CRO shall be responsible to ensure all procedures are properly followed in accordance with that document.
  2. Violations of Campaign Rules
  1. If a winning candidate in any election is disqualified, the candidate who received the greatest number of votes and who has not been disqualified shall be deemed the winner.

  1. If preferential balloting was used, the disqualified candidate shall be removed and their votes will be reallocated and the candidate who receives the greatest number of votes and who has not been disqualified shall be deemed the winner.
  1. Violations shall be governed in accordance with the Elections Governance Committee Violations Procedure. The CRO shall be responsible to ensure all procedures are properly followed in accordance with that procedure.
  1. Interference by Outside Parties
  1. No USC recognized organization or organization executive member shall act as an arm's-length party or campaign volunteer in order to engage in conduct that violates this Bylaw or brings the elections into disrepute.
  2. Where a USC recognized organization or organization executive member has been alleged to violate Bylaw #2:
  1. The Committee shall send a summary of the alleged violations to the organization email address on file with the USC, including information about any subsequent action that may be taken under this Bylaw and any relevant times or dates.
  2. The organization shall have a reasonable period of time to send a written response to the CRO, having regard to the timing and nature of the alleged violation.
  3. The Committee shall hold a hearing to determine if the organization has violated Bylaw #2 and may impose sanctions or prohibitions on the club or individual at the Committee’s discretion that shall last for the remainder of the campaign and balloting period.
  4. Upon the announcement of the electoral results, the sanctions shall be suspended, and the matter shall be referred to the relevant governing body for further measures at their discretion.
  1. Notwithstanding provisions dealing with candidates, campaign volunteers, and clubs, no student of the University may engage in actions that are likely to bring the electoral process into disrepute. Where such an action takes place, the following procedure shall be followed:
  1. Any student alleged to be violating this Bylaw by the Committee shall be notified via their UWO email address, including information about any subsequent action that may be taken under this Bylaw and any relevant times or dates.
  1. If a candidate would prefer to be contacted at a different email address, they must provide written notice to the CRO specifying the new email address.
  1. The student shall be given the opportunity to respond with a written statement to the Committee within a reasonable period of time.
  2. Where the Committee finds a violation has occurred, the Committee may refer the matter to an outside person or body with recommendations, including but not limited to: the Associate Vice-Provost, Student Experience and Information and Technology Services.
  1. Election Results
  1. For all elections, referenda, and plebiscites with more than two (2) options on the ballot, excluding divisional elections, the ballots shall be counted and the winner determined in accordance with the Preferential Voting Rules as outlined in section 18.

  1. Where there is an election for multiple positions, the positions shall be filled by the candidates who received the highest number of votes.

  1. For all elections, referenda, and plebiscites with only two (2) options on the ballot, and for all divisional elections with any number of options on the ballot, a plurality voting system shall be employed for the counting of ballots:

  1. For divisional elections, in each constituency the candidate with the highest number of votes shall be declared the winner;
  1. Where there are multiple available positions, they shall be filled by the candidates who received the next highest number of votes; and

  1. In the event of a tie, the winner shall be decided by a coin toss initiated by the CRO.
  1. This may be observed by a scrutineer at the request of either or both of the candidates.

  1. In a referendum or plebiscite, the option with the highest number of votes shall be declared the winner;

  1. In the event of a tie, the results of the referendum or plebiscite shall be rendered inconsequential.
  1. Election results for a referendum, a plebiscite, or a constituency will be valid only if at least half of the votes cast are valid votes.
  2. At her discretion, the CRO may utilize a grace period of up to a maximum of forty-eight (48) hours following the close of balloting before releasing election results.
  3. In the event of an invalid election, the Committee shall convene and recommend a course of action to Council.

  1. If a disqualification is overturned on appeal, the ballots shall be recounted as if the candidate, referendum side, or plebiscite side had never been disqualified.
  1. Special Rules for Vice-Presidential Elections
  1. The positions of Vice-President External Affairs and Vice-President University Affairs shall be filled through a Vice-Presidential Election.

  1. Candidates may make campaign materials available to current Council members through the USC Front Desk.
  2. No campaigning shall be allowed during the first-half of the Annual General Meeting of the Corporation, except for the following:
  1. Each Candidate shall be allotted five (5) minutes to address Council.
  1. No campaigning shall be allowed during the second-half of the Annual General Meeting of the Corporation, except for the following:
  1. Candidates may place campaign materials in an area designated by the CRO; and
  2. A group-formatted question period shall be available for all candidates competing for a Vice-Presidential position. The Speaker of Council shall set the length of time for the question period.
  1. Special Balloting Rules:
  1. Balloting for the Vice-Presidential election shall occur during the second-half of the Annual General Meeting of the Corporation.
  2. Voting shall take place by secret ballot.
  3. Each Voting Member, including the incoming and outgoing Council Voting Members, shall be entitled to one (1) vote per ballot for the Vice-Presidential position.

  1. Individuals who are both incoming and outgoing Council Voting Members shall be entitled to one (1) vote per Voting Member position held.
  1. Advanced Polling: The CRO shall designate a time and place for advanced polling subject to the following:
  1. Voting in the advanced poll shall take place the week prior to the second-half of the Annual General Meeting of the Corporation.
  2. The option to vote in the advanced poll shall not be available for more than three (3) days.
  3. The votes cast in the advanced poll shall be received by the CRO.
  4. All votes must be cast in person.
  5. A vote cast in the advanced poll shall be placed in a sealed envelope and shall be counted at the same time as the votes that are cast at the second-half of the Annual General Meeting of the Corporation.
  6. Notwithstanding Bylaw #1, a vote cast in an advanced poll is final. Once a Voting Member has cast her vote the vote shall not be altered or cancelled.
  1. Vote of Confidence
    If only one candidate stands to be elected for a Vice-Presidential position, the Speaker of Council shall initiate a vote of confidence in place of balloting during the second-half of the Annual General Meeting. The candidate shall be acclaimed if a simple majority of the eligible Council members vote in favour of the resolution to acclaim the candidate.

  1. Preferential Voting Rules
  1. All elections, referenda, and plebiscites with more than two (2) options on the ballot, excluding divisional races, will be administered using a preferential ranked ballot.
  1. Each candidate may designate an agent to act as her scrutineer during the counting of the ballots.

  1. Electors shall mark their choices in order of preference.

  1. The system for counting ballots shall be as follows:

  1. All first-choice votes shall be counted and separated by candidate.

  1. If no candidate receives a majority of the total vote, the candidate with the least votes shall be declared “out of race” and the first-choice ballots of that candidate shall be recounted in accordance with the second choice indicated on the ballot.

  1. This system of dropping off the lowest candidate and redistributing ballots according to the next choice of remaining candidates shall continue until one (1) candidate achieves a majority (50% + 1).

  1. If a candidate, plebiscite, or referendum side is disqualified or chooses to withdraw after polling has taken place, the disqualified or withdrawn candidate shall be declared “out of race” and his or her first-choice ballot recounted in accordance with the second choice indicated on the ballot.

  1. Failure to select a preference in any round of voting shall result in that ballot being spoiled for that and all subsequent rounds of balloting. A ballot shall not be deemed spoiled so long as the voter’s intentions can be reasonably ascertained from the ballot.

  1. Abstentions, declined, and spoiled ballots shall not count in the calculation of majority.

  1. Managing ties when counting ballots:
  1. Presidential Election Tie result – In the event of a tie, whenever possible, ties shall be resolved in favour of the candidate with the most first place votes. If this is not possible, the winner shall be decided by a coin toss initiated by the CRO and the loser shall be declared “out of race” and her first-choice ballots recounted in accordance with the second choice indicated on each ballot.
  2. Referendum/Plebiscite Tie result – In the event of a tie, whenever possible, ties shall be resolved in favour of the side with the most first place votes. If this is not possible, the results of the referendum/plebiscite will be rendered inconsequential; however, if it is not the final round of redistributing ballots, the winner shall be decided by a coin toss initiated by the CRO and the loser shall be declared “out of race” and the side’s first-choice ballots recounted in accordance with the second choice indicated on each ballot.

  1. All Other Elections Tie result – In the event of a tie, whenever possible, ties shall be resolved in favour of the candidate with the most first place votes. If this is not possible, the election shall be resolved by a re-vote between the tied candidates to take place at the next Duly Constituted Meeting. The re-vote shall be subject to the following procedures:
  1. The tied candidates shall be permitted to campaign following the end of the meeting in which the Election was held until the start of the next Duly Constituted Meeting.
  2. All Voting Members who were eligible to vote at the meeting in which the initial vote was held shall be permitted to vote.
  3. The CRO shall designate a time and place for advanced polling in accordance with the procedures set out in section 17.4.4.
  4. The votes shall be counted in accordance with rules as set out above in section 18.2.
  5. Should the re-vote result in a tie between two candidates, the election shall be resolved by way of a coin toss.
  1. Appeals of Committee Decisions or Elections Results
  1. Any appeals of Committee decisions or elections results shall be heard by the Appeals Board and governed by the procedures contained in the Appeals Board Policy.

  1. Notice and grounds for appeal shall be submitted in writing to the Appeals Board no later than 4:30PM, two (2) days after the Committee’s decision is released.

PART B: REFERENDA AND PLEBISCITES

  1. General
  1. Without limiting any section of Bylaw #2 or Part A, Part B covers any referendum or plebiscite conducted by the USC.
  2. The administration of Part B, unless otherwise stated, is vested with the CRO.
  3. The results of any referendum shall be binding on the USC unless the results affect the Letters Patent or the Articles of Incorporation of the USC or unless, by implementing the directive of the referendum, the Board of Directors would be breaching its fiduciary obligations to the corporation.
  4. The results of a plebiscite shall not be binding.
  5. Any referendum or plebiscite requiring a motion of Council must be posted as required by Bylaw #1. The CRO shall advertise the meetings of Council, in which motions and writs to hold referenda or plebiscites will be put forward in The Gazette at least forty-eight (48) hours prior to such a Council meeting.
  6. For the purposes of Part B, the number of students in the student body shall be the number of full-time equivalent students registered at the University during the previous academic year.
  7. The results of any referendum shall be binding only if a minimum of 20% of the student body votes in the referendum.

  1. Declined and spoiled ballots shall count toward the establishment of quorum for a referendum.
  1. A referendum may be initiated either by Council or by students at large.
  2. A plebiscite may be initiated either by Council or by students at large.
  1. Student-Initiated Referendum
  1. For the purposes of this Section:
  1. A “policy issue” means any issue or proposal which is not likely to have any direct financial or legal implications on the USC.
  2. The Board of Directors, in consultation with any relevant individuals and/or committees, shall determine whether an issue is one which is likely to have direct financial or legal implications on the USC.
  3. An issue shall be deemed to have direct implication on the USC if it will result in the imposition or removal of any fee on students.
  1. Any student wishing to initiate a referendum shall contact the Vice-President Governance and Finance (Secretary-Treasurer) and the Government Services Manager to review the process to have a referendum question put on the ballot prior to collecting signatures, including the collection of signatures, the campaigning process, and any other pertinent information.
  2. Any student may present a petition to the CRO requesting that a referendum be held on any matter, subject to the following:
  1. Student-initiated referenda may not establish any fee to fund the activities of a USC Ratified Club, or Clubs.
  1. This does not prohibit funding for activities that are simply supported by a USC Ratified Club.
  1. Any petition requesting a student-initiated referendum must be submitted to the CRO no later than nine (9) days before the last Council meeting prior to the commencement of the campaign period for the election.
  2. A petition is only valid if it contains the following:
  1. The names, student numbers, and signatures of at least 10% of the student body when a request is being made for a referendum on any issue.
  2. A clear indication of the issue on which the requested referendum is to be held.
  1. The CRO shall check the validity of each name on the petition. If greater than 10% of the names are invalid, the petition is invalid.
  2. Any petition that contains any material misstatements of fact or material misrepresentations is invalid.
  3. For a petition to contain a clear indication of the issue, it must include at least the following:
  1. The amount of any fee which will be levied upon students directly for the purpose of implementing the proposal.
  2. A statement summarizing the question which will be decided by the referendum.
  1. Any student-initiated referendum involving levying a student feel shall require:
  1. A University administrative advisor to the Board of Governors to be contacted by the USC to determine whether or not the Board would allow such a fee to be collected by the USC.
  2. The Vice-President Governance and Finance (Secretary-Treasurer) to work with the student to determine the exact fee that is to be levied by means of a budget prepared by the student.
  1. If no such budget exists, the Vice-President Governance and Finance (Secretary-Treasurer) shall assist the student in putting together a budget from which student fee options can be derived.
  1. The Committee shall assess the validity of all petitions and shall notify the student submitting the petition if it is found to be invalid.
  1. Prior to submitting a completed petition, any student may submit a draft petition question to the Secretary-Treasurer for review. Any petition which is reviewed and endorsed by the Vice-President Governance and Finance (Secretary-Treasurer) shall be deemed to contain a clear indication of the issue and not to contain any material misrepresentations.
  1. If a petition is found to be valid, a “writ of referendum” shall be drafted by the CRO in consultation with the Committee, which shall include the following:
  1. The particulars of the petition, including the name of the petitioners and the number of student signatures on the petition.
  2. The Board of Directors’ decision about the financial and legal implications of the proposal, with a brief summary of the reasons for that decision.
  3. The proposed referendum question.
  1. The Committee shall be responsible for developing an objective referendum question.
  1. A budget outlining the projected cost of holding the referendum.
  1. A valid petition requesting that a referendum be held on a policy issue shall automatically result in the initiation of a referendum and shall not require the approval of Council.
  1. The CRO shall present the writ of referendum to Council.
  1. A valid petition requesting that a referendum be held on an issue or proposal which is likely to have direct legal or financial implications on the USC must be approved by Council before a referendum may be initiated. A Simple Majority vote of Council will be required to prevent the referendum as requested from being placed on the ballot.
  1. The CRO shall present the writ of referendum as well as a motion to place the referendum question on the ballot.
  1. In addition to the above, the following considerations apply to student-initiated referenda for Third Party Fees.
  1. USC Clubs are not considered third parties for the purpose of this section.
  2. Any referendum question imposing a Third-Party Fee must:
  1. Include reasonable and meaningful constraints on the way they will be used and must be conditional on adherence to those restraints.
  2. Require Council renewal every four (4) years in order to continue.
  1. A petition to hold a student-initiated referendum for a Third-Party Fee will only be valid if the petition states the referendum question.
  1. If the petition signed by students contains a referendum question that the Elections Governance Committee finds to be misleading or inadequate, the Elections Governance Committee may determine that the petition is invalid.
  2. The Elections Governance Committee will draft a satisfactory referendum question if approached to do so.
  3. The referendum question appearing on the petition does not need to be identical to the referendum question ultimately approved by the Elections Governance Committee provided that the differences are not material.
  1. The referendum shall be classified as a Registered Interested Party referendum and the individual initiating the referendum, or a proxy thereof, shall run the Campaign for the side they wish to advocate for.
  2. The USC will enforce the result of a student-initiated referendum to establish a Third-Party Fee, subject to the following:
  1. A referendum result may be invalidated by the Committee if there is sufficient impropriety to cast doubt upon the result.
  2. The Board of Governors may refuse to allow the USC to collect the fee.
  3. If a fee is imposed, the Vice-President Governance and Finance (Secretary-Treasurer) must be supplied with financial information describing the use of the fee at least once per year. The Secretary-Treasurer shall be responsible for reviewing the way in which the student fee is being used and evaluating compliance with the terms of the referendum.
  1. If the Vice-President Governance and Finance (Secretary-Treasurer) reports that any conditions of the referendum are not being satisfied, Council may resolve to terminate the fee from future budgets.
  1. Council-Initiated Referendum
  1. Council may initiate a referendum on any issue through a motion of Council, duly passed by a simple majority of those present and voting.

  1. Student-Initiated Plebiscite
  1. The names, student numbers, and signatures of at least 5% of the student body are required when a request is being made for a plebiscite on any issue.
  1. Council-Initiated Plebiscite
  1. Council may initiate a plebiscite on any issue through a motion of Council, duly passed by a simple majority of those present and voting.
  1. Registered Interest Party
  1. Registered interested parties are entitled to campaign on behalf of any side in any referendum or plebiscite. More than one registered party may represent each official side.
  2. Any group may request recognition as a registered interest party provided that the following conditions are met:
  1. They are a student group, or party approved by the Committee, autonomous from the USC that has been in existence for at least six (6) month prior to the writ, including but not limited to the following: clubs, Faculty Councils, Affiliated Colleges, and Residences Council; or
  2. If a student group or party approved by the Committee as described above does not register, then a group of students may register.
  1. When applying to be a registered interest party, a group must prepare a written submission indicating how they will be directly affected by the result of the referendum or plebiscite.
  2. All applications for status as a registered interest party must be submitted to the CRO within seven (7) days of the passing of Council of the motion or writ of referendum or plebiscite.
  3. The Committee will decide on the merit of an application for status as a Registered Interested Party with such decision being subject to appeal to the Board of Directors and finally to Council.
  4. All registered interested parties must name an official spokesperson and this name must be handed into the CRO with the request.
  5. Where there is only one registered party, it will constitute the only official side.
  6. Subject to the following, all registered interest parties, including the USC when applicable, are deemed to be candidates and are bound by the campaign rules in PART A as well as by the rules and procedures governing referendums and plebiscites when representing their side of the issue.
  1. All Campaign Materials produced by a registered party, including electronic materials, must clearly indicate that they are authored by a registered interest party.
  2. Consequences of Disqualification
  1. If the disqualified group is a USC-ratified club, they shall be prohibited from further campaigning. Failure to adhere to this prohibition will be reported to the Clubs Governance Committee and may result in further sanctions.
  2. Individual students cannot be prohibited from further campaigning. However, students that continue to campaign after their group has been disqualified will not be reimbursed for any new campaign expenses.
  3. A disqualified group will not be reimbursed for the cost of any campaign materials that continue to be used after the group’s disqualification.
  4. A disqualified group may not refer to themselves as an “official registered interest party.”
  5. The disqualification of a registered interest party does not automatically mean that a referendum fails. The Committee must make a separate determination as to whether the referendum result is valid. In doing so, the Committee must consider the potential impact of the infractions on the result.
  6. The disqualification of the registered interest party campaigning on behalf of the status quo option (the option which would not result in change) never means that a referendum carries.
  1. USC-Sponsored Side
  1. Where the USC has an interest in the outcome of a referendum or plebiscite, or where it is felt that a side of an issue is not being adequately represented by a registered interest party, the Council has the option of campaigning or appointing someone to campaign on behalf of a particular side.
  1. Information-Based Campaign
  1. Where the Council supports the provision of information to the electorate, the USC, by a simple majority vote of Council, may provide financing for information-based campaign in accordance with the financing rules prescribed in Section 28.
  1. Information-based campaign funding can be allotted in addition to registered interest party campaign funding, or in place of registered interest party campaign funding.
  1. The Elections Governance Committee shall be responsible for administrating information-based campaigns by selecting an Ad-Hoc Committee for this express purpose.
  1. As a consequence, the Ad-Hoc Committee members shall be prohibited from sponsoring a side whenever an information-based campaign has been approved and shall refrain from participating in Committee discussions of referenda and plebiscites with regards to enforcement of campaign rules and violations proceedings.
  1. All information-based campaign materials must be reviewed and approved by the Committee before being posted or distributed.
  1. Finances
  1. Registered interest parties may apply to the Committee for the funding available for their official side.
  2. Each official side shall be entitled to funding up to 100% of the Presidential campaign limit as established, unless there is only one official side in which case the spending shall be at 50% of the Presidential campaign limit.

  1. The level of funding available to each official side may be altered at the Secretary Treasurer’s discretion provided that funding information is made available at the all-candidates meeting.
  1. All Information-Based Campaigns shall be entitled to funding as follows:
  1. 100% of the Presidential campaign limit, if there are no registered interest parties;
  2. 75% of the Presidential campaign limit, if interest parties are only registered for one official side; or
  3. 50% of the Presidential campaign limit, if interest parties are registered for two or more official sides.
  1. Registered interest parties shall be entitled to spend the equivalent of 20% of the official side’s allowable limit on non-campaign expenditures, which could include:
  1. Research material; and
  2. Administrative costs.
  1. If any registered interest party overspends their allowable limit, the surplus shall be applied to the official side’s spending in addition to an automatic fine of 100% of the surplus.
  2. All official sides and registered interest parties shall present a full financial statement to the CRO by 12:00pm on the last of balloting.
  3. Each official side will give the USC a $300.00 bond to be used for election fines.
  4. Interest parties are not eligible for any USC loans for either bonds or expenses.

  1. Appeals of Plebiscite or Referendum Results
  1. Any appeals of the validity of any referendum or plebiscite results shall be heard by the Appeals Board and governed by the procedures contained in the Appeals Board Policy.

  1. Notice and grounds for appeal shall be submitted in writing to the Appeals Board no later than 4:30PM, two (2) days after the Committee’s decision is released.
  1. Context and Enactment
  1. Documents Repealed – N/A
  2. Supporting/Related Documents – Elections Governance Committee Terms of Reference, Elections Governance Committee Campaign Finances Procedure, Elections Governance Committee Violations Procedure, Bylaw #1: Corporate Bylaw, Appeals Board Policy
  3. Date Passed – 17 January 2001
  4. All Previous Amendments – 29 November 2017, 25 November 2015, 11 November 2015, 25 February 2015, 29 October 2014, 29 November 2017

Bylaw #3 - Executive Bylaw

Authority: Council

Date Ratified:  March 10th 2019

Previous Amendments:  15 November 2015;

25 February 2015; 31 October 2018

Date Review:  February 2018

Next Review Date:  September 2021

Review Committee(s):

Governance & Finance Standing Committee, USC Council

Delegates:

Speaker of Council Associate Governance

Senior Manager, Government Services

  1. PURPOSE

    A bylaw to govern the duties and responsibilities of the President, Vice-President External Affairs, , Vice-President University Affairs , Vice-President Student Support and Programming, Vice-President Communications and Public Affairs, and Vice-President Governance and Finance (Secretary Treasurer).

  1. DEFINITIONS AND INTERPRETATION
  1. Definitions
    In this Bylaw and all other Bylaws and resolutions of the Corporation, unless otherwise stated or the context requires otherwise:  
  1. “Act” means the Corporations Act, R.S.O. 1990, c. C.38, as amended from time to time, and every statute that may be substituted for it and, in the case of such substitution, any references in the Bylaw to provisions of the Act shall be read as references to the substituted provision in the new statute;

  1. "Executive" means the President, Vice-President External Affairs, Vice-President University Affairs Vice-President Student Services and Programming, Vice-President Communications and Public Affairs, and Vice-President Governance and Finance (Secretary Treasurer);
  2. “Board” or “Board of Directors” means the Board of Directors of the University Student’s Council;
  3. “Executive Branch” means the operations, initiatives, and activities of the portfolios that are managed by the Executive;
  4. “Chief Operating Officer” means the most senior member of the permanent administrative staff, reporting directly to the Executive Council and fulfilling duties as described in the Chief Operating Officer Policy;
  5. “Head of Executive Branch” means the President and CEO who shall manage the Chief Operating Officer day-to-day on behalf of the Board, who shall coordinate the affairs of the Executive Branch, and who shall represent the Executive Branch on the Council and the Board of Directors;  
  6. “Legislative Branch” means the Council and its standing committees;
  7. “Policies and Procedures” and "Policy" and "Procedure" include any document approved by the Council that regulates the transactions and affairs of the Corporation, excluding any Bylaws and Letters Patent; and  
  8. “Strategic Vision” means the Corporation’s long-term strategic vision, which may also be referred to as a long-term strategic plan.
  1.  Other Definitions
  1. The terms are defined in the context in which they appear and shall have their meanings therein indicated.

  1. AMENDMENT OF THE BYLAW
  1. The Bylaw shall be amended in compliance with the procedure for bylaw amendments provided for within Bylaw #1, and not contrary to the Act and the Letters Patent.


  1. ELECTIONS AND AUTHORITY  
  1. Elected by undergraduate students at large:  
  1. There shall be a President who shall be elected by undergraduate students at large in accordance with procedures established in Bylaw #2 and who shall carry out all of the duties and responsibilities as established within their Terms of Reference and the Bylaws; and
  2. The President shall be responsible for regularly reporting on the activities of the Executive Branch to the Legislative Branch and to students at large.

  1. Elected by Council:

  1. There shall be a Vice-President External Affairs and a Vice-President University Affairs who shall be elected by Council in accordance with procedures established within Bylaw #2 and who shall carry out all of the duties and responsibilities as established within their Terms of Reference and the Bylaws.
  1. Responsible to the Council:  
  1. The President and Vice-Presidents External and University Affairs shall be directly responsible to the Council; and
  2. The President and Vice-Presidents External and University Affairs shall hold office consistent with the Corporation’s Bylaws, contracts, policies and procedures, and legislated requirements.
  1. Acting President Contingency:
  1. Temporary Absence:  
  1. The President may appoint the Vice-President University Affairs as Acting President who shall act during absences of the President and shall have the authority to perform the duties of such office.  
  2. If the Vice-President University Affairs  is unable or unwilling to serve, ther Vice-President Student Support and Programming may be appointed as President.
  3. If the President becomes incapacitated or is unable to appoint an Acting President, the Vice-President shall assume the duties of the President. If the Vice-President is unwilling or unable to serve, the  Vice-President Student Support and Programming shall assume the duties of the President. If neither the Vice-President or the  Vice-President Student Support and Programming are willing or able to serve, the Acting President shall be appointed in a manner determined by the Council.
  4. The term of an Acting President may not exceed four (4) consecutive weeks without a resolution of the Council approved by a two-third (⅔) vote. Without a resolution to extend the term, the office shall be deemed vacant at the end of four (4) consecutive weeks.
  1. Vacancy  
  1. In the event that the position of President, Vice-President External/University Affairs, or  Vice-President Student Support and Programming becomes vacant, the position shall be filled in a manner determined by the Council and consistent with the Bylaws.  
  1. Head of the Executive Branch:
  1. This Bylaw delegates authority to the President to act as Chief Executive Officer of the corporation, provide day-to-day supervision of the Chief Operating Officer, facilitate team meetings of the Executive, provide leadership and guidance to the Vice-Presidents External and University Affairs, and, with the assistance of the Vice-President Governance and Finance (Secretary Treasurer), exercise general control of the financial and capital resources allocated to the Executive Branch.

  1. RESPONSIBILITIES AND GENERAL
  1.  Executive Branch Affairs:  
  1. The President shall coordinate with the Executive the annual plans and priorities of the Executive Branch in accordance with the Bylaws, the Long-Term Plan, the policies and procedures, and the annual budget and capital plan.
  2. The President shall monitor and regularly report on the results of Executive Branch activities to the Council and shall coordinate with the Secretary-Treasurer to report on the financial performance of the Executive Branch.
  1. Efficient Administration:
  1. The President shall be responsible for coordinating with the Executive to ensure the overall efficient operation of the Executive Branch.
  1. Executive Branch Skill Development and Morale:
  1. The President shall be responsible for motivating the development and skills of the Executive, their Associates, Coordinators, Interns, and volunteers to foster productivity, professionalism, and high morale.
  1. Coordinate and Communicate Executive Branch Plans, Programs, and Results:
  1. The President shall coordinate and facilitate the development of plans and programs with the Executive and shall communicate an annual plan for the Executive Branch to students and the Legislative Branch no later than the end of October. The President shall also provide a formal update on Executive Branch results during a State of the USC speech to occur no later than the end of March to the Legislative Branch and students.
  1. Coordinate Policy Implementation:
  1. The President shall coordinate the Executive to ensure the implementation of policy directives approved by the Legislative Branch.
  1. Recommendations to Council:
  1. The President shall organize, coordinate, and present to the Legislative Branch policy recommendations arising from Executive Branch operations which require approval of the Legislative Branch.
  1. Progress Reports and Information to Council:
  1. The President shall present to the Legislative Branch, in cooperation with the Executive, reports and information regarding progress, challenges, and accomplishments of programs and projects.

  1. Evaluate Systems and Structures:
  1. The President shall direct periodic reviews of the governance, structural, management, and internal communications systems of the Executive Branch, its structural, management, and internal communication; and is to report the outcome of those reviews and recommend action to the Legislative Branch for approval.
  1. Regular Meetings with Vice-Presidents and Officers:
  1. The President shall convene and conduct regular meetings of the Executive and other appropriate employees as required to facilitate the coordination of Executive Branch activities. The President shall also meet one on one with the Vice-Presidents External and University Affairs on a regular basis to facilitate collaboration and coordination of activities, and to identify resources and others supports that could assist the Vice-Presidents External and University Affairs in their work.
                    
  1. Resource Information and Executive Professional Development:

  1. The President shall work in collaboration with the Chief Operating Officer to plan and deliver upon Executive Branch professional development and skill development needs within defined budget and resource restrictions, including the planning of the annual Executive Branch transition program for the Executive and other volunteer staff.

  1. Terms of Reference and Job Description:
  1. The President and the Executive shall, without limiting the generality of the forgoing, perform the responsibilities and exercise the powers which are included in the President’s Terms of Reference and job description.
  1. Delegation of Executive Branch Duties:
  1. The President and the Executive may delegate appropriate duties and responsibilities that fall within their mandate to other Executive, staff, and volunteers; and, upon mutual agreement, the Executive may delegate duties to the President that fall within their Terms of Reference.

  1. PERSONNEL ADMINISTRATION
  1. Performance Management:
  1. The President shall adhere to their responsibilities within the Executive Accountability and Discipline Procedure and shall follow the guidelines within the procedure to address misconduct or work-related performance issues of the Vice-President; and
  2.  The Vice-Presidents External and University Affairs  shall adhere to their responsibilities within the Executive Accountability and Discipline Procedure and shall follow the guidelines within the procedure to address misconduct or work-related performance issues of the President.


  1. FINANCIAL ADMINISTRATION
  1.  Financial Results Administration:
  1. The President shall ensure that the Executive Branch financial results, in cooperation with the Vice-President Governance and Finance (Secretary Treasurer)and any appropriate members of the Administrative staff, are administered in a sound and efficient manner within the guidelines set by the Legislative Branch and Executive Council and shall be deemed to include:
  1. Establishment of annual estimates of current revenues and expenditures of the Executive Branch; and
  2. Financial control over the approved Executive Branch budget appropriations.
  1. Authorized Purchases, According to Policy:
  1. The President, in cooperation with the Vice-President Governance and Finance (Secretary Treasurer), shall ensure that no Executive or agent of an Executive shall make any purchase, except for a purpose and within the sum authorized in the budget, conforming at all times to any prevailing purchasing policies as approved by the Board of Directors.


  1. ORGANIZATIONAL AND MANAGEMENT POLICY DEVELOPMENT
  1. Reorganization of Executive Branch portfolios:
  1. The President shall submit, on behalf of the Executive Branch, periodic recommendations to the Legislative Branch for approval to create and re-organize such portfolios as may be considered necessary to accomplish the plans of the Executive Branch.
  1. Mandates of Executive Branch portfolios:

The President shall submit, on behalf of the Executive Branch, periodic recommendations to the Legislative Branch for approval concerning the mandate of Executive Branch portfolios.

Clubs Governance Committee Terms of Reference

Authority: Council

Date Ratified:  March 10th 2019

Previous Amendments: 31 October 2018; 4 April 2018; 26 October 2016; 8 October 2015

Date Review:  September 2018

Next Review Date:  September 2021

Review Committee(s):

Governance & Finance Standing Committee, USC Council

Delegates:


Speaker of Council
Associate Governance

Senior Manager, Government Services

                                        

  1. OBJECTIVE

To govern the clubs’ community on campus by enforcing and overseeing policies and procedures that ensure fairness in the clubs’ culture.


  1. MANDATE
  1. To create a community that supports leadership development amongst students and welcomes the wide range of interests within the Clubs Community.

  1. To adhere to all the documents of the Clubs Policy to determine reasonable limits to be placed on student organizations in order to comply with USC policy as well as University policy.

  1. To set strategic long-term goals for the Clubs Community in order to facilitate future growth and development of both clubs and their student leaders.


  1. COMPOSITION

  1. The Clubs Governance Committee (CGC) shall be composed of:

  1. Clubs Policy Coordinator, ex-officio, chair, non-voting;

  1. Associate Clubs, ex-officio, vice-chair, non-voting;

  1. Clubs Finance Coordinator, ex-officio, non-voting;

  1. Seven (7) undergraduate students-at-large who are not Members of Council, voting;

  1. Student Organizations Advisor, ex-officio, non-voting;

  1. Secretary-Treasurer, ex-officio, non-voting; and

  1. Associate Governance, ex-officio, non-voting.

  1. The USC Executive and other USC staff shall be available as a resource to the CGC should the committee request their presence.

  1. A CGC member shall not be a current member of any club executive.

  1. There shall be two sub-committees of the CGC:
  1. Club Policy Review Committee; and

  1. Clubs Support Committee.

  1. DUTIES OF THE OFFICERS
  1. The Chair of the Clubs Governance Committee shall:

  1. Set the agenda for each scheduled meeting;

  1. Ensure all CGC documents are filed with the Student Organizations Advisor and the appropriate USC staff members;

  1. Ensure CGC meetings are carried out in a fair and equitable manner;

  1. Ensure that the CGC has relevant information and documentation provided to it prior to any meeting and in accordance with any deadlines provided in this policy;

  1. Ensure quorum is maintained and otherwise adjourn the meeting;

  1. Be given the right to extend invitations to any persons who could offer supplementary information relevant to the decisions made by the CGC; and

  1. Ensure the appropriate procedure has been followed prior to making any decisions.

  1. The Vice-Chair of the Clubs Governance Committee shall:

  1. Assist the Chair in the member selection of the CGC;

  1. Absorb the role of the Chair in their absence;

  1. Ensure all pertinent issues are brought before the CGC;

  1. Advise the CGC of any immediate actions taken in accordance with the Clubs Policy, and the reasons for taking such actions;

  1. Provide the CGC with any relevant information pertaining to the functioning of the clubs’ community;

  1. Provide any relevant information or documentation necessary to assist the CGC with arriving at an informed decision;

  1. Represent the CGC in front of the Appeals Board if necessary;

  1. Submit an annual report by January 31st to the Student Experience Standing Committee; and

  1. Vote in the instance of a tie.

  1. The Student Organizations Advisor shall:

  1. Take, or appoint an individual to take, minutes for each CGC meeting;

  1. Report to the CGC on any club issues having to do with USC or Western University policy;

  1. Provide any relevant information or documentation necessary to assist the CGC with arriving at an informed decision;

  1. Provide context and institutional memory with respect to specific events/activities of clubs, past CGC decisions, and USC and University policies; and

  1. Provide explanations to committee members regarding policies enforced by the USC and University in relation to student organizations, risk management, event management, insurance, sponsorship policies, budget procedures, alcohol policy, university policy, community standards policy, public safety issues, venue issues, etc.
  1. RESPONSIBILITIES OF THE COMMITTEE
  1. The responsibilities of the CGC shall be to:

  1. Ratify qualified organizations as USC club;

  1. Uphold and enforce all USC By-laws and club policies and procedures;

  1. Seek and consider recommendations made by subcommittees of the CGC;

  1. Approve club constitutional changes or provide clubs with recommendations to assist the club with receiving the approval of the CGC;

  1. Task the Associate Clubs with conducting an investigation, or to designate an individual or individuals with conducting further investigations, where the CGC believes it has insufficient information before it in order to come to an informed decision;

  1. Determine whether or not a club has violated the Clubs Policy or any other governing document of the USC, or the University of Western Ontario by extension, and impose sanctions where appropriate;

  1. Undertake any further actions or decisions necessary to ensure that all clubs abide by the Clubs Policy;

  1. Task sub-committees of the CGC with reviewing specific clubs, group of clubs, or all clubs under the purview of the USC; and

  1. Receive reports and recommendations from the sub-committees of the CGC in order to deliberate and enact them.

  1. Committee members shall abide by the USC’s Conflict of Interest Policy. Conflicts of interest must be reported to the Associate Clubs and filed with the Student Organizations Advisor.

  1. All CGC members shall abide by the following attendance requirements:

  1. Attend all meetings set by the Chair; and

  1. Be absent for no more than two (2) meetings in either semester.

  1. A CGC member shall not be considered absent from a meeting where an absence is the result of:

  1. A death or family emergency;

  1. An unavoidable medical appointment; or

  1. An unavoidable academic requirement (i.e. exam).

  1. A CGC member may be removed from the Clubs Governance Committee through a motion of Council passed with a simple majority.

  1. The CGC shall have the capacity to amend its subcommittee’s terms of reference.


Community Standards Policy

Authority: Council

Date Ratified: November 27th 2019

Previous Amendments: November 30th 2018, February 27, 2019

                                        

PREAMBLE

The University Students’ Council seeks to create a community that welcomes creative

expression and constructive discussion, while recognizing that reasonable limits must be put in place. In attempting to reach these goals, this policy is twofold. First, the  Policy is to ensure that community space within the University Community Centre (UCC) is safe for all members of the University community. Second, the Policy is to ensure that designates of the USC, or student organizations recognized by the USC respect the rights of all members of the University and surrounding community to live and work in an environment that is free from harassment and discrimination. This Policy; therefore, applies to students involved in the USC and affiliated organizations and persons booking space through the USC Reservations Office.

1.00 DEFINITIONS

1.01 “Act” or “Act of Expression” include but are not limited to:

(1) Posting, or causing any person to post, textual or graphical displays or displays that combine both text and graphics; and,

(2) Using speech or other forms of communication or causing any person to speak or use other forms of communication.

1.02 “Community space” means any area that is open for public use, including the atrium in the UCC;

1.03 “Group” means an association of persons including USC clubs;

1.04 “Infringer” means a person in violation of, or accused of violating, this Policy;

1.05 “Person” means any individual or corporate entity.

2.00 APPLICATION

2.01 This Policy shall apply to:

(1) All persons and groups that use, or attempt to use, community space within the UCC for the purpose of acts of expression;

(2) Conduct that occurs on the premises of Western or its affiliated colleges; and,

(3) Off-campus acts when the individual is acting as a designated representative of the USC or a student organization recognized by the USC or when the individual holds out that she is a representative of the USC or a representative member of a student group or organization of the USC.

3.00 PROHIBITED CONDUCT

3.01 Acts of expression within community space, including within the UCC, are strictly

prohibited if such acts:

(1) Are deemed objectionable. Without limiting the generality of the foregoing, the following list sets out specific examples of objectionable acts of expression. This list is illustrative only and is not intended to define objectionable acts in exhaustive or exclusive terms.

i. Willfully promote hatred against any identifiable groups including but not limited to those groups outlined within the Ontario Human Rights Code;

        

a. The Ontario Human Rights Code currently identifies race, ancestry,  place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation,  gender orientation, gender identity, gender expression, age, marital status, family status or disability;

b. This will be taken to include any hate that falls under the International Holocaust Remembrance Alliance definition of antisemitism;

ii. Breach the USC Discrimination Harassment and Violence Prevention

Policy, or the equivalent Western policy or policies where the USC Policy

is no longer effective;

iii. Causes a disruption: and act that disrupts or obstructs any person or group to carrying out of her or its legitimate activities, or to speak to or associate with others.

iv. Misconduct against persons and dangerous activity:

a. Any assault, harassment, intimidation, threats or coercion;

b. Conduct that threatens or endangers the health or safety of any

person or group;

c. Knowingly (which includes when one should reasonably have

known) creating a condition that endangers the health, safety, or

well-being of any person;

d. Coercing, enticing or inciting a person to commit an act that is

humiliating or degrading to that person or to others.

v. Furnishing false information to any person or group;

vi. Violates published University policies, rules or regulations;

vii. Aiding or encouraging others in the commission of an act prohibited under this Policy or attempting to commit an act prohibited under this Policy;

viii. Failure to comply with any sanctions imposed by the Executive Council or Clubs Governance committee for infringing this Policy;

ix. Any other act that has, or might reasonably be seen to have, an adverse effect on the reputation or the proper functioning of the USC, or the health, safety or rights of other persons or groups.

4.00 ACTS OF EXPRESSION BY CLUBS

4.01 During an Act:

(1) Immediate Authority: The USC General Manager, the Vice-President Governance and Finance (Secretary-Treasurer), and the Vice-President Communications and Public Affairs have the authority to decide whether an act of expression infringes this policy and to terminate the act immediately.

(2) Disciplinary Authority: All decisions to terminate an act will come before the

Clubs Governance Committee within two weeks to allow the Committee to decide whether to take further disciplinary action.

i. The Clubs Governance Commissioner shall make a recommendation to the Clubs Governance Committee on what further disciplinary action should be taken based on the following:

a. Those who exercise immediate authority shall, collectively, provide a written report of the incident to the Clubs Governance Commissioner; and,

b. The infringer shall provide a written statement to the Clubs

Governance Commissioner.

ii. The Clubs Governance Committee shall make its decision in accordance with the Clubs Policy.

iii. Where appropriate, the Clubs Governance Committee may consult with other resources available at Western, including Equity Services, in order to make more informed decisions.

4.02 After an Act:

(1) Any person or group may file a complaint under this Policy with the Clubs

Governance Commissioner.

i. A complaint must include:

a. An outline of the circumstances of the alleged contravention of this Policy;

b. The name of the infringer; and,

c. The name and signature of the complainant and the date.

(2) The Clubs Governance Commissioner shall inform the infringer that a complaint has been issued against and that a hearing will be conducted by the Clubs Governance Committee.

(3) The Clubs Governance Commissioner must bring the complaint before the Clubs Governance Committee for discussion and to decide the appropriate course of action.

i. The Clubs Governance Committee shall conduct a hearing in accordance with the Clubs Policy.

ii. Where appropriate, the Clubs Governance Committee may consult with

other resources available at Western, including Equity Services, in order to make more informed decisions.

5.00 ACTS OF EXPRESSION NOT BY CLUBS

5.01 During an Act:

(1) Immediate Authority: The USC General Manager, the Senior Manager Promotions and Commercial Partnerships, and the USC Vice-President Communications and Public Affairs have the authority to decide whether an event infringes this policy and to terminate the act of expression immediately.

(2) Disciplinary Authority: All decisions to terminate an act will come before the

Executive Council within two weeks to allow the Executive Council to decide

whether to take further disciplinary action:

i. The Executive Council shall inform the infringer that a hearing is being

held to decide whether further action shall be taken.

ii. All those involved in the incident, including the infringer, may submit a

written statement to the Executive Council.

iii. Where appropriate, the Executive Council may consult with other

resources available at Western, including Equity Services, in order to make more informed decisions.

iv. The Executive Council shall provide a writ