Constitution

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CLUB CONSTITUTION
2022 / 2023
PURPOSE OF HAVING A CONSTITUTION
To provide the University of York University Students’ Union (YUSU) Clubs with a Constitution that outlines their duties, responsibilities and guidance which members are expected to abide by, and to provide YUSU with details about the club.
CONTENTS

Definitions
Name of the Club
Aims and Objectives
Membership
Code of Practice
Club’s Committee
Duties of the Club’s Committee
Data Protection
Club Finance

Meetings
Election of the Committee
Club Complaints Procedure
Dismissal and Resignation of Committee Members
Suspension and Exclusion of Members
Amendments to the Club Constitution
Dissolution
Declaration
Amendments

York University Sailing and Windsurfing Club

Constitution 2022/23

Definitions
1. The club in this document will be referred to as the ‘Club’.
2. Those chosen to collectively represent the ‘Club’, shall be referred to as the ‘Committee’.

Name of the Club
1. The Club’s name shall be [Question 1]. People can join the club for the cost of [Question 2].

Question 1: Club Name
York University Sailing and Windsurfing Club

Question 2: Club Membership Cost
Please note that all club memberships will be subject to a BLACK (£20) /GOLD (£10) AU Fee in addition to the membership cost. You can also set up multiple memberships (e.g. termly and yearly) - please provide all details. All 22/23 memberships will be available from 1st August 2022 unless otherwise requested.
Annual Membership: £25
Associate Membership: £25
Freshers Promotional Membership: £20
Single Term Membership: £10

Aims and Objectives
1. The aims and objectives of the Club are to promote the interests and act on behalf of the Club Members.
2. To provide an opportunity for members of the Club to meet and participate in the given activities together.
3. The Club’s specific aims shall be:

Question 3: Club Aims
What improvements, changes or differences the Club will make to students. These must not contravene the Union constitution or be the same as another Club.

Provide the opportunity for students to sail
Provide the opportunity for students to windsurf

The Club’s specific objectives shall be:

Question 4: Club Objectives
The areas of activity or overall practical steps the Club plans to accomplish its aims.

Teach Students to sail
Teach Students to windsurf
Build a community of like minded people

Membership
1. Membership of the Club will be open to all members of YUSU.
2. Membership of the Club, in addition to section 4.1, will be open to non-YUSU members who are not subject to disciplinary proceedings or consequent conditions of their membership. This includes students on a leave of absence.
3. Non-YUSU members must not exceed 20% of the overall Club membership.
4. The Club must have a core minimum membership of 15 YUSU members. If it does not reach this minimum, it will be required to submit proof of its regular activity to the Sports Coordinator upon request.

Code of Practice
1. No member should undertake any action that may bring the reputation of the Club, YUSU, or the University into disrepute.
2. A member must not participate in or omit to mention anything which might cause damage to themselves or others.
3. All members must adhere to the health and safety rules and procedures of YUSU, the Club, and the University.
4. No members should attend activities and/or meetings under the influence of alcohol and/or drugs.
5. Members must respect the different viewpoints of the Club’s members if they are different from their own.
6. Members must respect the property of the University, YUSU, the Club, and of other members.
7. Participant selection for Club activities should be free and fair.
8. Socials (and any related activity) must be opt-in only and have no effect on eligibility to hold membership of the Club or a committee position.
9. Drinking should not be the main purpose of any social events, and members should be able to participate in all Club activities without drinking alcohol, and without any coercion to drink.
10. The committee will ensure that members of the Club should not pressure or coerce any other member into any action with which they feel uncomfortable.
11. Any action taken by the members on behalf of or while representing the Club in any way will also be accountable to the YUSU Code of Conduct found in Bye-Law 12.
12. Breaches of this code of practice can result in Club, YUSU, or University disciplinary action.
13. Clubs must adhere to GDPR in order to protect their members’ data. They should make members aware of how their data will be used and be able to justify doing so.
14. Members must operate within the rules, including national guidelines or relevant student group constitutions and procedures which govern activity;
15. Members must not carry out initiation ceremonies as detailed below;
16. Members must not be unduly intoxicated at any event or activity where such behaviour could be deemed unacceptable or unprofessional; during social events, especially those involving the consumption of alcohol, members must be aware of behaviour and the impact on others, particularly members of the local community;
17. Members must not consume alcohol whilst being transported to or from any activity organised under the umbrella of the student group, YUSU or the UoY;
18. Members must not disclose any confidential material about the Union, other members or officers, unless prior permission has been granted by Officer Group;
19. Members must abide by the law at all times;
20. Members take responsibility for their own understanding of this Code of Conduct and the repercussions of any breaches and must seek further information or clarification if they are unsure about how it should be applied.
21. [Question 5]

Question 5: Additional Codes of Practice
Additional Codes of Practice for the club.
N/A

Club’s Committee
1. The Committee will be collectively responsible for the effective management and day to day running of the Club.
2. All of the Committee must be current YUSU members who are enrolled and studying on a University of York programme.
3. The Committee shall have the power to set Club rules, in accordance with the Clubs Constitution.
4. A new Committee must be democratically elected at least annually at the Annual General Meeting (AGM).
5. The democratically elected Committee must at minimum consist of:
  1. President / Chair
  2. Secretary
  3. Treasurer
  4. [Question 6]

Question 6: Other Committee Positions
Other positions on the club’s committee, if applicable.

In each committee only a maximum of two roles (apart from social secretary which is two roles) can have two people; Bosun and Beginners and Recreational officer

One person only for President, Vice President, Treasurer, Race Captain, Webmaster, Merchandise Officer, First Year Representative, Yachting Captain, Sponsorship Officer, Trip Organiser, Ordinary Member.

Windsurfing Captain if one other windsurfing position goes unfilled, can be filled by two people.

The Committee will ensure an up-to-date list of Committee members is provided to YUSU within one week of any election.

Duties of the Club’s Committee
1. The President/Chair is responsible for:
  1. Providing leadership for the Club.
  2. Club Data Protection - see Section 8.
  3. Being a spokesperson/figurehead and representing the Club to relevant external stakeholders.
  4. Ensuring that the Club adheres to the relevant policies and to this constitution.
  5. Ensuring the Club Committee contains officers listed in section 6.5.
  6. Completing Club Officer Training and attending any necessary York Sport Union meetings.
  7. Calling and chairing meetings of the Club Committee.
  8. Publicising the Club.
  9. Any other duties as mutually agreed by the Committee and the President/Chair [Question 7].

Question 7: Club-Specific Duties for the President/Chair

Maintaining committee enthusiasm
Organise and oversee the general running of YUSWC
Ensure the unity of the Sailing and Windsurfing elements of YUSWC
Chair and organise the Annual General Meeting (AGM)
Represent YUSWC at YORK SPORT General Meetings
Liaise with Beaver Sailing Club
Compile and update the Key List
Oversee the welfare of all club members along with the exec
To liaise with the Green Blue organisation to aim to become a more environmentally friendly and sustainable club.

The Secretary is responsible for:
1. Completing Club Officer Training
2. Taking care of Club admin
3. Arranging meetings and booking rooms or venues
4. Creating agendas and keeping minutes of meetings as necessary
5. Communicating regularly with members
6. Being aware of key dates for the Club throughout the year
7. Organising the AGM (Annual General Meeting)
8. Any other duties as agreed by the Committee [Question 8].

Question 8: Club-Specific Duties for the Secretary

Liaise with the Windsurf Captain and Sailing Race Captain to assist the President with the running of YUSWC
Promote YUSWC at the University of York and at YORK SPORT General Meetings
Take minutes at Committee meetings and distribute them to all officers by email before the next meeting

The Treasurer is responsible for:
1. Administering the Club’s finances in accordance with the Constitution, Laws and By-Laws of YUSU.
2. Completing Club Officer Training.
3. Learning and understanding the Students’ Union financial system.
4. Sourcing and applying for grant funding where necessary.
5. Keeping track of all income/expenditure.
6. Keeping the committee & members informed of the Club financial situation.
7. Organising fundraising or sponsorship for the Club.
8. Countersigning every claims form and transport form.
9. Creating a budget for each event.
10. Any other duties as agreed by the Committee [Question 9].

Question 9: Club-Specific Duties for the Treasurer

Liaise with YORK SPORT and York University Students' Union (YUSU) about the YUSWC Annual Budget
Compile and submit the YUSWC's Annual Budget to YORK SPORT
Ensure collection of all YUSWC money (from events and competitions; merchandise; Recreational Days; kit; etc)
Collect YUSWC membership money and maintain a list of YUSWC membership
Organise reimbursement to YUSWC members for YUSWC purchases
Organise transport reimbursement for drivers
Present a breakdown of the YUSWC Annual Budget at the AGM

[Question 10]

Question 10: Duties of other committee members

The club Sailing Race Captain is responsible for:
1. Liaise with the Windsurfing Captain to assist the President with the running of YUSWC
2. Promote Team Racing and Sailing Events and Competitions at the University of York
3. Select teams to race in Sailing Events and Competitions
4. Organise race-training and coaching sessions for the Sailing Teams and for other members
5. Organise all attendance to Sailing Events and Competitions, including transport and accommodation
6. Captain YUSWC teams at Sailing Events and Competitions, promoting a united team spirit between all YUSWC teams
7. Liaise with the PPSA Officer to organise and coordinate an Alumni event during the summer term
8. Have good knowledge of Team Racing

The club Sailing Beginners and Recreational Officer is responsible for:
1. Organise and coordinate YUSWC Recreational Sailing Days, including transport, people and dates
2. Organise instruction for Recreational Days if required
3. Organise food for Recreational Days (in particular organising BBQs in the summer term)
4. Promote YUSWC Recreational Days at the University of York
5. Encourage Beginners to attend these days
6. Ensure that Recreational Days are run in a friendly and safe manner
7. Liaise with the Bosun to ensure the correct equipment is available for Recreational Days
8. Represent the concerns of Beginners and other Recreational Sailors to YUSWC Committee

The club Windsurf Captain is responsible for:
1. Liaise with the Sailing Race Captain to assist the President with the running of YUSWC
2. Promote Windsurfing at the University of York and at YORK SPORT General Meetings
3. Promote YUSWC within the Student Windsurf Association (SWA)
4. Ensure that YUSWC is kept up to date with the activities of the SWA

The club Windsurfing Beginners and Recreational Officer is responsible for:
1. Organise and coordinate YUSWC Recreational Windsurfing Days, including transport, people and dates
2. Organise instruction for Recreational Days if required
3. Organise food for Recreational Days (in particular organising BBQs in the summer term)
4. Promote YUSWC Recreational Days at the University of York
5. Encourage Beginners to attend these days
6. Ensure that Recreational Days are run in a friendly and safe manner
7. Liaise with the Windsurfing Events and Kit Officer to ensure the correct equipment is available for Recreational Days
8. Represent the concerns of Beginners and other Recreational Windsurfers to YUSWC Committee

The club Windsurfing Kit Officer is responsible for:
1. Organise the general maintenance of all Windsurfing equipment
2. Repair, or arrange to be repaired, any damage Windsurfing equipment
3. Order new Windsurfing equipment (and sell the old if applicable), in consultation with YUSWC Committee
4. Ensure that all Windsurfing equipment is stowed away correctly after use
5. Maintain the insurance of all Windsurfing equipment
6. Maintain an inventory of all Windsurfing equipment, including its current value and storage location
7. Liaise with the Bosun to ensure the Lock-Up is kept tidy
8. Liaise with the Bosun to ensure the maintenance of all YUSWC wetsuits, drysuits and B.A.s
9. Liaise with the Recreational Officer about the Windsurfing equipment necessary for Recreational Days if required
10. Organise YUSWC equipment and its transport for Windsurfing Events

The club Yachting Captain is responsible for:
1. Organise the club's yachting sessions, including arranging transport to and from Scarborough Yacht Club

The club Social Secretaries are responsible for:
1. Organise social events for all YUSWC members
2. Organise end of term meals for all YUSWC members
3. The outgoing Social Secretary is responsible for organising the Handover ceremony for the new Committee in the summer term
4. The post of Social Secretary may be held by up to two people

The club Bosun is responsible for:
1. Organise the general maintenance of all Boats and Sailing equipment
2. Repair, or arrange to be repaired, any damaged Boats or Sailing equipment
3. Order new Boats and Sailing equipment (and sell the old if applicable), in consultation with YUSWC Committee
4. Ensure that all Boats and Sailing equipment are stowed away correctly and safely after use
5. Maintain the insurance of all Boats and Sailing equipment
6. Maintain an inventory of all Boats and Sailing equipment, including its current value and storage location
7. Liaise with the Windsurfing Events and Kit Officer to ensure the Lock-Up is kept tidy
8. Liaise with the Windsurfing Events and Kit Officer to ensure the maintenance of all YUSWC wetsuits, drysuits and B.A.s
9. Liaise with the Sailing Beginners and Recreational Officer about the Boats And Sailing equipment necessary for Recreational Days if required

The club Communications & Alumni Officer is responsible for:
1. Design and maintain YUSWC website
2. Update YUSWC email system with new members and changes in details
3. Ensure YUSWC email account is kept tidy and coherent
4. Design, produce and organise distribution of posters as publicity for YUSWC at the University of York
5. Liaise with the University of York press to maximise publicity for YUSWC, especially concerning Recreational Days or events
6. Organise and coordinate an Alumni newsletter every term
7. Manage the YUSWC Alumni Facebook group
8. Maintain links with and contact details of Alumni
9. Represent Alumni concerns to YUSWC Committee
10. Liaise with the Sailing Race Captain to organise and coordinate an Alumni event during the summer term
11. Maintain the social media image across all platforms, including (but not limited to) Facebook, Twitter, Instagram and email

The club Merchandise Officer is responsible for:
1. Organise the design, ordering, delivery, pricing and exchange on all lines of YUSWC merchandise
2. Provide a variety of different lines of YUSWC merchandise (including any Sailing specific or Windsurfing specific requirements if applicable.
3. Ensure any sponsorship obligations affecting Merchandise are fulfilled

The club Sponsorship Officer is responsible for:
1. Seek further sponsorship opportunities
2. Organise existing and further YUSWC sponsorship
3. Maintain and build relationships between YUSWC sponsors

The club Ordinary Member is responsible for:
1. Sit on the Committee
2. Assist the Committee with the general running of YUSWC.
3. Clause: The ordinary member position is only available if one or more positions go unfilled at the AGM. If a position does not get filled then an ordinary member position becomes available up to a maximum of one ordinary member position.

The club Trip Organiser is responsible for:
1. Organise recreational trips for the club.
2. The post of Trip Organiser may be held by up to two people
3. The post of Trip Organiser will be held from bi-election to bi-election.

The club First Year Rep. is responsible for:
1. Sit on the Committee
2. Assist the Committee with the general running of YUSWC.
3. Liaise with Scarborough Yacht Club with regards to running sessions
4. Advertise yachting sessions within the club
5. Act as the face of YUSWC at Scarborough Yacht Club, and ensure that relations between the clubs are maintained

No Committee member should be responsible for case work e.g. giving support and advice to any individual student. If and when these cases present they must be referred promptly to the Sports Coordinator Coordinator who can ensure the proper support is made available.

Data Protection
1. All membership personal data is subject to the UK General Data Protection Regulations (GDPR), the Data Protection Act 2018, related legislation and YUSU procedures.
2. The President/Chair is responsible for the safety and security of all membership personal data held outside of YUSU software and systems and must take all reasonable steps to ensure access to YUSU software and systems is not shared without YUSU consent.
3. The President/Chair is required to successfully undertake GDPR online awareness and compliance training supplied by YUSU.
4. The President/Chair must advise YUSU of any breaches of data protection as soon as they are made aware of any such breach.
5. The President/Chair can formally nominate a Data Protection Officer who is responsible for overseeing the club’s compliance to GDPR and YUSU procedures. Key responsibilities include:
  1. Ensuring membership personal data including email addresses are private and confidential and is only used for club membership purposes and contact that would be reasonably expected as part of the membership offer.
  2. Ensuring that all communications are sent via the SUMS Communications platform wherever possible, and not from email accounts. Where this is inconvenient or not possible, the club must ensure all bulk or emails must only be sent via blind-copy (“bcc”).
  3. Obtaining the necessary consent from members to hold and process personal data in relation to membership. Given that a contractual relationship exists when a membership is purchased (whether or not cash changes hands), there is no need for explicit consent to be sought by sports club provided they are only using the personal details of members in relation to reasonable membership activities / communications.
  4. Not sharing membership personal data with any other club, university department or external organisation without the prior written consent of the data subject or YUSU.
  5. Advising YUSU of any breaches of data protection as soon as they are made aware of the breach.
6. Failure to follow YUSU’s data protection guidance and procedures will constitute grounds for de-ratification and/or disciplinary procedures.

Club Finance
1. All club income and expenditure shall be conducted through the YUSU Finance Office. Holding funds externally will constitute grounds for de-ratification and/or disciplinary procedures.
2. The President/Chair, Secretary and Treasurer shall automatically be signatories to the Club accounts, once YUSU has received an up-to-date committee list during the (re-)ratification process.
3. Two of these signatories shall be required for each expense claim and for any contract or undertaking, financial or otherwise, on behalf of the Club; one of which must be the Treasurer unless the Treasurer is making the claim.
4. The Club accounts shall be available for inspection at any reasonable time by YUSU staff and through the SUMS Member Dashboard.
5. An annual membership fee is required from all club members, including the Committee unless the club states otherwise and agrees not to be eligible for a YUSU grant. The Committee is responsible for determining both this fee and its collection.
6. YUSU members shall receive no remuneration from the club, except in legitimate expenses incurred in connection with the club business.

Meetings
1. The primary decision-making bodies of the club are Committee meetings, Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs).
2. All General Meetings must be open and advertised to all members.
3. Minutes should be taken at each meeting and published to all members. A copy of the minutes must also be made available to YUSU staff upon request.
4. The Committee shall give at least 7 days notice of any General Meeting.
5. The quorum of a General Meeting shall be 20% of YUSU members of the club or 10 YUSU members of the club, whichever is greater.
6. An EGM can be called by the Committee of the Club, York Sport Union Committee, or a petition signed by a petition of 25% of YUSU members of the clubor 10 YUSU members of the Club, whichever is greater.

Election of the Committee
1. Only current paid-up members of the Club are allowed to stand for election.
2. The Committee must be elected by the Club at an AGM (see section 10), which must be held at least once in every 12 month period, in the time period provided by the Sport Coordinator unless otherwise agreed.
3. All members should be made aware of their ability to stand for election and vote.
4. Only paid-up Club members who are also full members of YUSU shall be entitled to vote.
5. The Committee must be democratically elected in a free and fair election.
  1. All Club members must have the chance to question candidates and submit a vote in private.
  2. Votes may be counted using either First Past The Post or the Alternative Vote/Single Transferable Vote system.
  3. If desired, YUSU can provide assistance in the running of any election to ensure fairness or to count votes where necessary.
  4. If any vacancies occur in the Committee during the academic year, they shall be democratically filled as soon as is convenient via an EGM (Extraordinary General Meeting).

Club Complaints Procedure
1. This procedure allows members to raise complaints about any issues relating to the Club, including (but not limited to):
  1. The safety of activities.
  2. The standards of instruction.
  3. The standard of equipment used for the activities.
  4. Bullying and harassment.
  5. Disregard for operational policies of YUSU including the Equal Opportunities and Safe Space policies.
2. Complaints should first be addressed in writing to the Club President/Chair. When a complaint is made, the President/Chair must consult YUSU for advice.
3. If this initial process does not provide a satisfactory outcome, a Formal Complaint should be made to the Sports President in writing, triggering the use of YUSU’s Code of Conduct (Bye-Law 12) which will be followed in addressing Formal Complaints.
4. In serious or unresolved cases, the member will be supported by YUSU in progressing the complaint through the University's Code of Practice on Harassment and/or Complaints Procedure.

Dismissal and Resignation of Committee Members
1. No committee member shall be deemed to be dismissed unless they have received during their term of office a vote of ‘no confidence’ from their members.
2. Before a vote of ‘no confidence’ can be considered against a committee member, the complainant must have attempted to settle the matter informally. One of the committee members named in section 6.5 will be responsible for overseeing this informal process, and acting as a mediator when and where they deem necessary.
3. Any incident which cannot be satisfactorily resolved in this way must be referred to the Sports Coordinator, who will facilitate a vote of ‘no confidence’. This request must be accompanied by a petition of 25% of YUSU members of the Club or 10 YUSU members of the Club, whichever is greater.
4. If a ‘no confidence’ motion is called then a Club EGM (see section 10) must be held, and in order for a vote of ‘no confidence’ motion to be carried it must be supported by two-thirds of those voting.
5. If the no confidence motion is successful or a Committee member resigns, then a Committee member must inform YUSU immediately. The Club will then need to hold another EGM to re-elect a new person to the position (see section 10).
6. If the no confidence motion is unsuccessful:
  1. YUSU will facilitate support with the Committee to resolve any outstanding issues.
  2. Further ‘no confidence’ motions must be on different grounds and not within one calendar month of the general meeting at which the last ‘no confidence’ motion against that Committee member was heard.

Suspension and Exclusion of Members
1. No member shall be deemed to be suspended or excluded without a formal process involving YUSU. This is to ensure fairness and transparency of processes.
2. Any matter which may be considered grounds for suspension or exclusion must be referred as a matter of urgency to YUSU who will instigate the process for an investigation.
3. If an imminent risk is identified a Club member may be suspended immediately for a period of up to 14 days.
  1. Any assessment of risk must be carried out by YUSU at the earliest opportunity.
  2. If no process is initiated within these 14 days to permanently exclude the member then the suspension will be lifted and considered resolved once 14 days have passed.
4. Exclusion of a member is a penalty that can only be considered in exceptional circumstances and subject to the below procedure.
5. Any member facing exclusion from a sports club must have a fair hearing at which they have the right to speak in their defence, have a supporter present and have been advised of the allegations made, and supporting evidence disclosed at least 7 clear days in advance.
  1. The panel for the hearing will be chaired by the York Sport President (or the Activities Officer if there is a conflict of interest) with the following additional members: a member of York Sport Union Committee (who is not a member of the club involved in the hearing) and a member of societies committee whom should not have previous knowledge of the nature of the allegations, and a YUSU Staff member who will minute the meeting.
  2. Any decision to exclude a member requires a majority vote from the panel and must be communicated in writing, with a statement of reasons, to the excluded member within 7 days.
6. A member may appeal against any decision to suspend or exclude them on the grounds of lack of adherence to process, provision of further evidence or evidence that the decision was biased or prejudiced. The member must communicate their intention to appeal in writing to YUSU.
7. Any appeal of a decision to suspend or exclude a member must be heard by a panel who were not involved with the original decision, have no prior knowledge of the case and will be chaired by a Full Time Officer. Ideally this panel will also consist of one more member each from the York Sport Union Committee. However the panel will primarily be constituted with a view to fairness and elimination of conflict of interest.
8. An appeals panel only has the power to uphold or overturn a decision by the initial panel. They may not suggest alternative sanctions.

Amendments to the Club Constitution
1. The Constitution may be amended by two thirds of the members present at an AGM or EGM.
2. If amended, the constitution shall be re-ratified by the Sports Coordindator before coming into effect.

Dissolution
1. The Club may be dissolved if deemed necessary by the members in a simple majority vote at an AGM or EGM. Any assets or remaining funds after debts have been paid shall revert to YUSU, in line with charity law requirements.
2. In exceptional circumstances, the Club may also be dissolved by the York Sport Union Committee if deemed necessary and subject to the approval of the York Sport President.

Declaration
1. As a Club Committee Member I agree to abide by, enforce and operate in accordance with this Constitution, YUSU’s Constitution, YUSU’s Policies and guidelines in the Resource Hub.

Question 11: Declaration
Please state the name and position of each committee member who has agreed to this declaration. All committee members must sign this declaration before the constitution is submitted to YUSU for ratification.

Name
Position

Emma Robinson
President

Jake Vallow
Vice-President

Joely Roberts
Treasurer

Ollie Hughes
Race Captain

James Goodliffe
Windsurf Captain

Charlotte Jones
Yachting Captain

Emma Skillett
Social Secretary

Tom Owen
Social Secretary

Kat Topal
Beginners and Recreation Officer

Jack Paton
Beginners and Recreation Officer

George Lewis
Bosun
Windsurfing Beginners and Recreation Officer

Katie Rathbone
Social Media and Alumni Officer

Luca Carroll
Windsurf Kit Officer

Chiara Calcagnini
Trip Organiser

Trace Laskey
Trip Organiser

James Edwards
Sponsorship Officer

Meg McMorris
Merchandise Officer

Hannah Trevalyan-Shipp
First Year Rep
Ordinary Member