# Bylaw 100: Governance



# BYLAW 100: GOVERNANCE

#### **01. Legislation**

1. Students’ Union Legislation:
    
    
    1. Shall be enacted, amended or repealed following the legislative process outlined in [Regulation 100.01 - Legislative Process](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/regulation-10001-legislative-process); and
    2. Has different levels of authority and follows the following hierarchy:
        
        
        1. Articles
        2. Bylaws
        3. Regulation
        4. Standing Orders
        5. Political Policies
        6. Budgets
        7. General Orders
2. Students’ Union Articles:
    
    
    1. Shall be a means to group Students’ Union Bylaws and Regulations based on common themes important to the Students’ Union; and
    2. Shall include a high-level statement regarding the underlying principles behind the Bylaws and Regulations in the Articles.
    3. Shall be adopted, amended, or rescinded on two (2) simple majority votes or readings of Students’ Council held not less than seven (7) days apart.
3. Students’ Union Bylaws:
    
    
    1. Shall be directives requiring and/or prohibiting action from the Students’ Union; and
    2. Shall be adopted, amended, or rescinded on two (2) simple majority votes or readings of Students’ Council held not less than seven (7) days apart.
4. Students’ Union Regulations:
    
    
    1. Shall be directives requiring and/or prohibiting action from the Students’ Union;
    2. Shall be adopted, amended, or rescinded on two (2) simple majority votes or readings of Students’ Council held not less than seven (7) days apart; and
    3. Shall be suspended on one (1) simple majority vote or reading of Students’ Council under extenuating circumstances.
5. Students’ Union Political Policies:
    
    
    1. Shall direct the Executive Committee regarding Students’ Union advocacy efforts;
    2. Shall prohibit members of Students’ Council and Student Representative Associations from representing any opinion divergent from Students’ Union Political Policy as the opinion of the Students’ Union;
    3. Shall have a process for Student Representative Associations to deviate from them;
    4. Shall be adopted, amended, or rescinded on two (2) simple majority votes or readings of Students’ Council held not less than seven (7) days apart; and
    5. Shall expire every five (5) years, but may be renewed by a simple majority vote of Students’ Council.
6. Students Union Budgets:
    
    
    1. Shall be adopted by two (2) simple majority votes or readings of Students’ Council occurring not less than seven (7) days apart; and
    2. Shall be recommended by Finance Committee for first and second reading before being approved by Students’ Council.
    3. Shall be created annually. Should a budget not be created per annum, the preceding year’s budget shall be applied.
7. Standing Orders of Students’ Council:
    
    
    1. Shall be ongoing instructions to members of Students’ Council and Students’ Union staff respecting the manner of execution of Students’ Council logistics;
    2. Shall be adopted, amended, or rescinded on a simple majority vote of Students’ Council; and
    3. Shall not expire, but shall be reintroduced for ratification by the Speaker of Students’ Council at the first meeting of each year’s Students’ Council.
8. General Orders of Students’ Council:
    
    
    1. Shall be any non-procedural motions of Students’ Council that do not adopt, amend, or rescind other legislation; and
    2. Shall expire concurrently with the authority of the Students’ Council that adopted them unless otherwise specified in the motion.

#### **02. Student Representative Conduct**

1. All elected Students’ Union representatives shall be required to abide by the Student Governance Code of Conduct, as outlined in [Regulation 100.02 - Student Governance Code of Conduct](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/regulation-10002-student-governance-code-of-conduct).

#### **03. Conflict of Interest**

1. No person shall use a Students’ Union position they hold to further personal and/or business interests for themself or a Direct Associate.
2. No person may hold a Students’ Union position who:
    
    
    1. is a party to any contract or agreement with the Students’ Union, except contracts or agreements directly relating to that person’s employment by the Students’ Union; or
    2. has any interest in a contract or agreement with the Students’ Union, except contracts or agreements directly relating to that person’s employment by the Students’ Union.
3. The preceding section does not apply to any person by reason only:
    
    
    1. Of the receipt of any properly-approved honorarium, commission, grant, bursary, or allowance from the Students’ Union;
    2. Of being a member of any registered student group with any contract or agreement with the Students’ Union; or
    3. Of the sale of goods or services to the Students’ Union in the ordinary course of business, at competitive prices, and in accordance with Students’ Union procedures as outlined in Students’ Union Operating Policy.
4. No member of Students’ Council shall vote on a motion relating to a student group or organization of which they are a member unless that organization is a Faculty Association.
    
    
    1. Membership in an organization shall be defined as 
        1. Regular attendance, voting and/or speaking privileges at meetings; or
        2. Holding office within that organization.
5. If any voting member of Students’ Council has a conflict of interest and votes on a motion in Students’ Council or any one of its committees
    
    
    1. they shall report that immediately to the Speaker of Students’ Council.
    2. if unreported, any member of Students’ Council may send a petition to the DIE Board within four (4) months or before the conclusion of the session of Students’ Council, whichever is longer. Petitions made are subject to [Bylaw 140.](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-140-student-judiciary)
6. In extraordinary circumstances a member of Students’ Council should be allowed to retroactively change their vote to an abstention in the case of a conflict of interest. This would be done through a motion to Students’ Council. Any member of Students’ Council shall have the option to petition the DIE Board on the narrow issue of what constitutes extraordinary circumstances.
7. Neither any member of the Students’ Union Executive Committee nor the Chief Returning Officer of the Students’ Union shall apply for a remunerated position with the Students’ Union unless the selection of that position is ratified by Students’ Council.
8. Violation of this Bylaw's conflict of interest provisions constitutes Professional Misconduct under [Regulation 100.02 - Student Governance Code of Conduct](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/regulation-10002-student-governance-code-of-conduct).

#### **04. Nomination to University Bodies**

1. The Students’ Union shall nominate four (4) individuals to the University of Alberta Senate:
    
    
    1. The Students’ Union Vice President (External), and
    2. Three (3) members of the Students’ Union, selected by Students’ Council, after receipt from the recommendation of the Council Administration Committee.
2. The Students’ Union shall nominate two (2) individuals as ex-officio representatives to the University of Alberta General Faculties Council:
    
    
    1. The Students’ Union Vice President (Academic), and
    2. The Students’ Union Vice President (Student Life).
3. The Students' Union shall conduct the apportionment and election of the additional appointed undergraduate seat to the University of Alberta General Faculties Council. 
    1. The term of office for appointed undergraduate General Faculties Council representatives shall be from July 1 to June 30 of the following year.
    2. The allocation of seats shall: 
        1. Ensure a minimum of one student seat per faculty;
        2. Be generally based on undergraduate enrolment by Faculty; and
        3. Include Open Studies as a Faculty for the purposes of allocation.
    3. Further rules respecting apportionment, distribution, reserved seats, vacancies and replenishment shall be prescribed in Regulation 110.07.
4. The two (2) individuals nominated by Students’ Council to the University of Alberta Board of Governors shall be 
    1. The Students’ Union President, and
    2. The Undergraduate Board of Governors Representative.
5. One (1) Undergraduate Board of Governors Representative shall be elected at the same time and in the same fashion as the Students’ Union President and Vice Presidents.
6. The Undergraduate Board of Governors Representative shall have access to sufficient administrative resources for the discharge of their duties.

#### **05. No Force or Effect**

1. Any decision or legislation of Students’ Council or its committees that conflicts with federal or provincial statutes, with Common Law, or a pre-existing legal agreement of the Students' Union is of no force or effect.

#### **06. Petition for Impeachment**

1. Students’ Council has the authority to remove the President, a Vice President, or the Undergraduate Board of Governors Representative through a motion to impeach.
2. A petition is required for impeachment proceedings to occur and requires the signatures of at least one-third of the voting members of Students’ Council. The necessary steps for a petition for impeachment are outlined in [Bylaw 110](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-110-students-council)
3. Preamble - The petition shall contain the following filled out as applicable to the circumstances:
    
    
    1. The individual has committed a significant breach or multiple lesser breaches of Students’ Union Bylaw or Political Policy.
    2. There are charges levied against the individual for violating the [University of Alberta Code of Student Behaviour](https://www.ualberta.ca/governance/resources/policies-standards-and-codes-of-conduct/code-of-student-behaviour.html), provincial or federal law.
    3. The individual performs without the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
    4. This motion to petition indicates that we, the elected representatives of the student body serving on Students’ Council, do not feel the current \[insert position name\] of the \[insert year\] Students’ Union Executive is fit to remain occupying the position due to one or more of the following reasons:
4. Additional Documentation: The submitted petition shall include a document agreed to by all signatories indicating why they, as representatives, feel that the Executive or Board of Governors Representative in question violates one or more of the principles of [Bylaw 110.](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-110-students-council)
5. Once an impeachment petition is submitted and deemed by the Speaker to be valid, the following motion shall be added to the agenda of the next meeting of Students’ Council and filled out accordingly:
    
    
    1. \[MOVER/SECONDER\] MOVE THAT the current \[insert position name\] of the \[insert year\] Students’ Union Executive be impeached from the position of \[insert position name\] and their post as an officer in the first reading.

#### **07. Acknowledgement of Traditional Territory**

1. The Acknowledgement of Traditional Territory shall be included in writing at the beginning of every agenda package, including the agendas of all Standing Committees of Students’ Council.
2. The Acknowledgement of Traditional Territory shall be read as outlined in [Regulation 100.07 - Students’ Council Acknowledgement of Traditional Territory](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/regulation-10007-students-council-acknowledgement-of-traditional-territory).

#### **08. Definitions**

1. All definitions throughout Students’ Union Legislation Articles I - IV can be found in [Regulation 100.08 - Definitions.](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/regulation-10008-definitions)

# Regulation 100.01: Legislative Process

#### **01. Legislative Process for Bylaws**

1. First Reading of Bylaws:
1. The motion is placed on the Order Paper;
2. The motion is presented in the following format:
1. The principle and/or objectives are listed, and
2. Specific wording of legislation is not permitted;

4. Debate is limited to general principles and objectives; and
5. If approved, the motion is referred to the Bylaw Committee.

3. Committee Stage for Bylaws:
1. The Bylaw Committee identifies the relevant legislation that requires amendment and/or drafts new legislation on the basis of the principles passed in first reading.
2. The Bylaw Committee shall not recommend to Students’ Council draft legislation that is outside the scope of the principles approved in first reading.
3. As part of its report, the Bylaw Committee may recommend that Students’ Council reconsider the motion and request that bill “be amended and resubmitted for First Reading,” if there are principles relevant to the bill that were not considered on first reading that:
1. If omitted, would defeat or impair the purpose of the bill, and/or
2. shall detrimentally impact the Students’ Union.


5. Second Reading of Bylaws:
1. The motion shall be presented in the following format:
1. The entire bylaw(s) shall be presented (may be waived by the Speaker),
2. Deletions to the existing bylaw(s) shall be shown by using a strikethrough font,
3. Additions to the existing bylaw(s) shall be shown by using an underline font and red colouration, and
4. A recommendation, if made by the Committee, to reconsider the motion that “be amended and resubmitted for First Reading” with the principles considered to make the reconsideration necessary;

3. Debate is confined to the technical merits of whether the Bylaw Committee properly interpreted the principles passed in first reading, except when debating a recommendation to reconsider the motion that “be amended and resubmitted for First Reading,” where debate shall be limited to the suggested principles put forward by the Bylaw Committee to support a return to first reading and the propriety of adopting such a motion.
4. Typographical or grammatical errors shall also be considered.

7. Coming Into Force: Unless otherwise specified, the new or revised bylaw shall take effect upon adjournment of the meeting at which it was approved in Second Reading.

#### **02. Legislative Process for Regulations**

1. Creation or Amendment of Regulations:
1. Creation and Amendment of Regulations shall be done via a single motion at one meeting of Students’ Council.
2. The motion is placed on the Order Paper;
3. The motion is presented in the following format:
1. The principle and/or objectives of the new or amended regulation are listed, and
2. The specific wording of the Regulation is provided. In the case of the Amendment of an existing Regulation, the Amendment shall be formatted such that deletions to the existing Regulation shall be shown by using a strikethrough font and additions to the existing Regulation shall be shown by using an underlined red font.

5. The new or amended Regulation shall take effect upon adjournment of the meeting in which it was approved.

3. Suspension of a Regulation
1. Any Regulation may be suspended temporarily by a motion of Students’ Council.
2. Suspension of any regulation requires a two-thirds majority vote of Students’ Council.
3. A motion to suspend a Regulation must:
1. Include a limitation to the suspension, either temporal or circumstantial;
2. Provide the reason for the suspension of the Regulation; and
3. Neither contradict the Bylaws of the Students’ Union nor cause harm to the Students’ Union.



#### **03. Legislative Process for Political Policies**

1. First Reading of Political Policy: The procedural requirements for passage of Political Policy on first reading are the same as those for the passage of Bylaw on first reading, except that the Political Policy shall then be referred to the Policy Committee.
2. Committee Stage for Political Policy
1. The Policy Committee selects and assigns a principal author to draft a new policy on the basis of the principles passed in first reading, with the assistance of the Department of Research and Political Affairs; and
2. The Committee shall not recommend to Students’ Council draft legislation that is outside the scope of the principles approved in first reading.

4. Second Reading of Political Policy
1. The motion shall be presented in the following format:
1. The entire Political Policy shall be shown,
2. Deletions to existing Political Policy shall be indicated using a strike-through, and
3. Additions to existing Political Policy shall be indicated using underlined red font.

3. Debate is confined to the technical merits of whether the Policy Committee properly interpreted the principles passed in first reading.
4. Typographical or grammatical errors shall also be considered.

6. Upon expiration, a Political Policy shall be reviewed by the Policy Committee and can be forwarded to Students’ Council as a recommendation to renew.

#### **04. Legislative Process for Budget**

1. The Vice President (Operations & Finance) shall submit or cause to be submitted a proposed set of Budget Principles to the Finance Committee no later than January 15.
2. The Finance Committee shall recommend a set of Budget Principles to Students’ Council no later than February 15.
3. Students’ Council shall approve a set of Budget Principles no later than March 15.
4. The Executive Committee shall submit a final Operating and Capital Budget, reflecting the set of Budget Principles approved by Students’ Council, to the Finance Committee no later than March 31.
5. The Finance Committee shall recommend a final Operating and Capital Budget to Students’ Council.
6. Second Reading of Budget in Council
1. Students’ Council shall approve a final Operating and Capital Budget;
2. The Budget shall be presented in a three-part document consisting of:
1. The Budget Principles passed on first reading,
2. An estimated numerical breakdown of the budget, and
3. Additional written instruction providing further direction on how money within budget categories is to be spent.

4. Debate is confined to the technical merits of whether the Finance Committee properly interpreted the principles passed in first reading.
5. Typographical or grammatical errors shall also be considered.


#### **05. Legislative Process for Standing Orders**

1. Creation or Amendment of a Standing Order:
1. The proposed change to standing orders is added to the Council Administration Committee agenda.
2. The motion is presented in the following format:
1. The principle and/or objectives of the new or amended standing order is listed, and
2. The specific wording of the standing order is provided. In the case of the Amendment of an existing standing order, the Amendment shall be formatted such that deletions to the existing Regulation shall be shown by using a strikethrough font and additions to the existing Regulation shall be shown by using an underlined red font.

4. The Council Administration Committee can choose whether or not to recommend the proposed change to Council.
5. Should the change be recommended, it is added to the next Order Paper of Council.
6. Upon passing by Council, the new/amended Standing Order takes effect immediately.

3. Suspension of Standing Orders
1. Any Councilor may at any point during a Council meeting make a motion to suspend standing orders.
2. They shall explain to the speaker what they intend to accomplish through the suspension of standing orders.
3. A simple majority of Council is required to suspend the relevant standing orders.


#### **06. Legislative Process for Minor Amendments**

1. Grammatical and typographical amendments shall be permitted by UASU Governance Staff to ensure ongoing coherence of legislation without legislative approval.
2. The UASU Governance Team, once identifying errors as outlined in Section 06.1, shall make the necessary corrections and get approval from Bylaw Committee.
3. A copy of the grammatical and typographical amendments shall be given to Students’ Council as an information item.

# Regulation 100.02: Student Governance Code of Conduct

#### **01. Overview**

1. The Student Governance Code of Conduct (hereafter referred to as the “Code of Conduct”) is a regulatory document for all actions and proceedings related to student representatives of the University of Alberta Students’ Union (hereafter referred to as “the UASU”).
2. Student representative(s) shall refer to members of Students’ Council and Student Representative Associations and outline the roles and responsibilities of student representatives at different levels of governance.
3. This code of conduct exists to create, enforce and protect equitable practices and spaces in UASU governance.

#### **02. Purpose** 

1. This Code of Conduct is meant to guide and enhance the performance of student representatives in a positive and productive way. It provides consistent answers to common questions about appropriate decision-making by student representatives.
2. The Code of Conduct outlines firm standards of behaviour as statements of principle where necessary. It establishes that student representatives are accountable to themselves, the Students’ Council, any constituency that elected them, any other officials representing their constituency, and the entire UASU membership.

#### **03. Roles & Responsibilities of Student Representatives**

1. Students’ Council
1. Advocate for the interests of your faculty and also the entire student body.
2. Attend bi-weekly council meetings and be prepared to contribute to the discussion.
3. Have Respectful Conduct in UASU governance spaces.
4. Consult regularly with your constituents, Faculty Association and other Student Representative Association(s) when necessary, on matters affecting them.
5. Stay informed of issues affecting your constituents.
6. Disclose any Conflict of Interest and Conflict of Duty to the Speaker of Students’ Council.
7. Uphold the Confidentiality of in-camera meetings.
8. Hold the UASU executives accountable to the student body.
9. Collaborate with Councilors and executives to work towards the UASU Strategic Plan.
10. Work with Council to ensure a Students’ Council presence at student and University events.
11. Familiarize yourself with the committees of the Students’ Council and the work that they do.
12. Actively participate in the Students’ Council and on its standing committees.
13. Manage your council workload and ask for support when needed.

3. Student Representative Associations
1. Advocate for the interests of your constituents.
2. Adhere to all UASU Bylaws and Political Policies.
3. Hold the UASU executives and Students’ Council accountable to the student body.
4. Have Respectful Conduct in UASU governance spaces.
5. Consult regularly with constituents on matters affecting them.
6. Responsibly deliver programs and services to your constituents.
7. Consult regularly with Student Representative Associations of overlapping constituencies on how to collaboratively advocate for issues affecting these students.
8. Hold the Student Representative Association and their fellow elected representatives accountable for their actions.


#### **04. Representing the University of Alberta Students’ Union**

1. Student representatives represent the UASU when carrying out roles and responsibilities, including:
1. Meeting formally or informally with University staff, faculty, or government officials;
2. Attending or officiating at any formal event or meeting of the UASU;
3. Attending any university committee or governing body, as either a visitor or member;
4. Attending any UASU committee that makes them privy to confidential information;
5. Making financial decisions within the purview of their official role;
6. Interacting with Active Members in a way required by their official role;
7. Communicating with the media in their role as a student representative;
8. Participating in student club events in their role as a student representative;
9. Attending a social or professional function or meeting by virtue of their position;
10. When their action or inaction may reasonably be perceived to bring UASU membership into disrepute;
11. When interacting with UASU members in a way that could reasonably be perceived as relevant to their official role; or
12. As determined case-by-case with a two-thirds majority vote of the Students’ Council.


#### **05. Conflict of Interest**

1. A student representative has a Conflict of Interest (as defined in [Bylaw 100, Section 03](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-100-governance)) when they are in a position to influence a UASU or University decision that may result in real or perceived private benefit to themselves or a Direct Associate.

#### **06. Conflict of Duty**

1. A student representative has a Conflict of Duty when their responsibilities conflict with duties to other organizations.
2. A member of Students’ Council shall disclose any real or perceived Conflict of Duty to the Speaker or Chair of their Standing Committee and the other organization(s) in question in a prompt and forthcoming manner.
3. Should a Students’ Council representative disclose a potential Conflict of Duty, Students’ Council shall decide by a two-thirds majority vote whether the official has a Conflict of Duty sufficient to prevent participation in a discussion or decision.
1. Representatives may, at their discretion, join and participate in organizations that help them fulfill their core roles and responsibilities.
2. Representatives do not automatically suffer from a Conflict of Duty by serving in General Faculties Council, student groups, or Student Representative Associations.
3. A real or perceived Conflict of Duty may constitute Professional Misconduct, particularly if it brings the UASU into disrepute.

5. In the interests of the welfare and reputation of UASU members, representatives should make every effort to serve all positions in or outside the UASU faithfully. Nevertheless, if a representative holds multiple representative positions, the responsibilities held as a Student Councilor take the highest priority.

#### **07. Respectful Conduct**

1. Student representatives shall maintain the highest standards of behaviour when they could reasonably be considered to represent the UASU. Within their roles and responsibilities, student representatives shall:
1. keep an appropriate standard of language regarding subject matter, profanity, and respect for all parties, and shall not engage in harmful gossip or slander;
2. represent the diverse needs of their constituents;
3. not unreasonably delay or impede official meetings and functions of the UASU or the University, such as by nuisance motions; and
4. be aware of and abide by all applicable UASU Bylaws and Political Policies.

3. Engaging in discrimination, harassment, or retaliation as defined in the University’s Code of Student Behaviour constitutes Professional Misconduct under the Code of Conduct

#### **08. Confidentiality**

1. In keeping with the highest standards of integrity, student representatives shall respect the confidentiality of Students’ Council or a Student Representative Association by:
1. Safeguarding sensitive legal, strategic, or personal information disclosed in confidence or accidentally;
2. Respecting the privacy of in-camera meetings;
3. Protecting information that affects the well-being of the UASU members;
4. Refraining from discussing details of contracts and business arrangements, including donations or terms of employment;
5. Safeguarding details of decisions, processes, investigations, or policy changes that have not yet been finalized or made public;
6. Not using confidential information in ways that may constitute Private Interest or Benefit; and
7. Properly disposing of confidential information.

3. Students’ Council is the highest governing body of the Students’ Union and acts in the best interests of the entire organization and the UASU membership. Therefore, if a student representative holds positions as a Student Councilor and an SRA Executive, the confidentiality of Student Council business supersedes any requirements imposed by a Councilor's role with any other student organization, including SRAs.
4. Complex questions of confidentiality, such as when personal safety or Conflict of Duty are involved, should be discussed with the Speaker of the Students' Council or the Chair of the Student Group Committee as appropriate.
5. A breach of confidentiality may constitute Professional Misconduct if it brings the UASU into disrepute or can be proven to be deliberate.

#### **09. Compliance**

1. General Principles
1. Student representatives charged under the Code of Conduct hold rights protected by natural justice, including but not limited to:
1. The right to be presumed innocent;
2. The right to prepare a full and fair defence;
3. The right to know the full details of the accusation;
4. The right to know their accuser's identity if the complaint requires further action under section 09.2.1;
5. The right to a complete, proper, and fair investigation; and
6. The right to a proportionate penalty.

3. Individuals who raise complaints under the Code of Conduct hold rights protected by natural justice, including but not limited to:
1. The right to know the outcome of their complaint and the reasons for that outcome;
2. The right to have their complaint investigated impartially;
3. The right to privacy except as required for the fairness of the process;
4. The right to appeal decisions through mechanisms outlined in this Code of Conduct and UASU Bylaws; and
5. The right to be free from retaliation, e.g. through exaggerated or baseless complaints.


3. Complaint Process
1. Any student representative who wishes to bring forward a suspected violation of the Code of Conduct must follow the following process:
1. Fill out the UASU Complaint Procedure Form (Appendix I), and submit the form to the Speaker.
2. Complaints against the Speaker shall be sent to the Chair of the Council Administration Committee, who shall follow the same procedures, acting in place of the Speaker in the process.

3. Upon receipt of the form, the Speaker shall evaluate whether the complaint requires further action. Any frivolous, vexatious, trivial, or vindictive accusations may require no further action at the discretion of the Speaker. Unprovable complaints do not constitute frivolous accusations.
4. The decision of the Speaker is appealable to Students’ Council within ten (10) business days of the decision.
1. If a decision is appealed, the complainant or respondent shall respond to the Speaker via email requesting an appeal.
2. The Speaker shall then forward the complaint to the Council Administration Committee Chair to be added to the Students’ Council agenda for review.

6. The Speaker shall refer the Complaint to the Student Group Committee if it solely involves a Student Representative Association.
1. It is recommended that the Student Group Committee refer the situation to the SRA Specialist or SGS Staff member to conduct an Informal Resolution process (Section 10).
2. If an Informal Resolution cannot be reached, the matter shall be referred back to the Student Group Committee to start a Formal Resolution (Section 11) or alternative solution.

8. If the complaint requires further action, the Speaker shall notify all affected parties and initiate an Informal Resolution process (Section 10). This process shall be mediated by the Speaker or a delegated staff member.
9. If an Informal Resolution cannot be reached that all parties agree to, then the Speaker shall deal with the matter in the following way:
1. If the transgressing party accused of violation is a Student Councilor, the Speaker shall refer the matter to Students’ Council. After a discussion at Students’ Council, Students’ Council must determine a course of action that aligns with Section 11 (11.1).
2. If the transgressing party accused of violation is a UASU Executive, the process shall align with [Bylaw 100, Section 5](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-100-governance).
3. If the transgressing party accused of violation is a Student Representative Association member, the matter shall be referred to the Student Group Committee and the process shall align with [Bylaw 220](https://docs.su.ualberta.ca/books/bylaw-article-ii-operations/page/bylaw-220-student-groupst), Sections 6 and 8 and Section 11 (11.2).



#### **10. Timeline**

1. All parties shall adhere to the following timeline:
2. The Speaker shall acknowledge receipt of a complaint within three (3) business days by responding to the complainant who submitted the UASU Complaint Procedure Form.
3. If the Speaker decides that a complaint requires further action, the Speaker shall notify all affected parties within two (2) weeks of receiving the complaint and coordinate a meeting for Informal Resolution (Section 10).
4. If all parties are in agreement, then the two (2) week timeline can be extended to meet the needs of all parties.
5. If further measures are required, the Speaker shall proceed to Formal Resolution (Section 12).

#### **11. Informal Resolution**

1. Restorative justice practice shall be the default method for resolving a violation under the code of conduct. This process shall focus on the following principles:
1. The people most affected by the violation should be able to participate in its resolution.
2. Repair harm caused by the violation and reduce future harm through preventative actions.
3. The transgressing party must take responsibility for their actions and the harm they caused.
4. We must remedy or set right the negative impact of the transgressing party and reintegrate all parties back within the community, if this is possible without causing further harm.
5. A cooperative effort by the complainant, transgressor, and mediator is necessary.
6. The UASU has a responsibility to maintain order and of student representatives to build peace.


#### **12. Formal Resolution**

1. Student representatives may be subject to the following processes for failing to respect this Code of Conduct and upholding the principles of restorative justice as outlined in the informal resolution process.
2. Students’ Council
1. Students’ Union Councilors who violate the Code of Conduct and fail to adhere to the principles of informal resolution shall be subject to disciplinary action, including:
2. Temporary or permanent revocation of an individual’s powers or privileges.

4. Student Representative Associations
1. Student Representative Associations and their respective members who violate the Code of Conduct and fail to adhere to the principles of informal resolution shall be subject to disciplinary action, including:
1. A non-binding recommendation that the Student Representative Association reprimand the individual;
2. Disassociation between the UASU and the individual;
3. Probation under [Bylaw 8100](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-150-student-representative-associations), Section 7; or
4. Derecognition under [Bylaw 8100](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-150-student-representative-associations), Section 7.


6. Without restricting Students' Council right to consider probation or derecognition under [Bylaw 8100](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-150-student-representative-associations), in the context of the Code of Conduct Students' Council would consider probation or derecognition in serious circumstances that undermine the principles of the Code of Conduct, including but not limited to:
1. If multiple leaders of the Student Representative Association, separately or jointly, break the Code of Conduct in ways that require formal resolution under section 9.2.1 (7);
2. If individual leaders of the Student Representative Association repeatedly break the Code of Conduct in ways that require formal resolution under section 9.2.1 (7);
3. If, after receiving a formal recommendation under section 11.3.1 (1), the Student Representative Association neglects to consider the recommendation and to inform Students' Council of its decision.


#### **13. Review and Appeals** 

1. As per [Bylaw 140](https://docs.su.ualberta.ca/books/bylaw-article-i-governance/page/bylaw-140-student-judiciary), all formal resolutions under the code of conduct may be appealed to the DIE Board.
2. Student representatives shall not conceal or interfere with any party’s right to appeal to the DIE Board on any justiciable issue of the UASU.
3. Unless otherwise specified in UASU Bylaw, a student representative may not attempt to influence a UASU or University decision regarding the consequences of their action, including but not limited to:
1. When that action or inaction is material to an investigation under the UASU Complaint Procedure; or
2. When that action is material to a case before the DIE Board.

5. Student representatives shall cooperate fully with any UASU or University process which involves the consequences of their actions.
6. Any attempt to influence the process or decisions of the DIE Board constitutes Professional Misconduct under the Code of Conduct.

# Regulation 100.07: Students' Council Acknowledgement of Traditional Territory

The University of Alberta and the University of Alberta Students’ Union occupy Indigenous land in Amiskwacîswâskahikan (Beaver Hills House), on Treaty 6 territory. From time immemorial, the banks along the river valley have been known as the Pehonan, a meeting place for the nêhiyawak (Cree), the Niitsítapi (Blackfoot), Métis, Dënesųłiné (Dene), Ojibway/Saulteaux/Anishinaabe, Haudenosaunee and others. The University, the Students’ Union and much of the city are located on the unlawfully stolen land of the forcibly removed Papaschase Cree.  
  
We acknowledge that sharing this land gives each of us the responsibility to research the historic contexts of Treaty 6, to reflect on our personal relationships to the land, the Nations we’ve named, and to our roles in upholding justice on this territory. Since they began, the Students’ Union and the University have benefited from historic and ongoing dispossession of land and resources from Indigenous Peoples. As a result, it is our responsibility to seek the restitution of this land and its resources. Finally, we seek to do better by working to make our learning, research, and governance align with the histories, languages, teachings, and cultures of First Nations, Métis, and Inuit Peoples in the land presently occupied by the Canadian state.  
  
We encourage critical reflection by asking the following question. In relation to the territory on which you are situated, what role do you play in strengthening the resistance and resurgence of Indigenous students within your communities?

# Regulation 100.08: Definitions

1. “Aboriginal” means:  
     A self-identified First Nation, Metis, or Inuit undergraduate student.  
     A student group, Student Representative Association, or collective whose mandate is Aboriginal-specific and includes undergraduate students;
2. "Academic Year” shall be from May 1st to the following April 31st;
3. “ARRC” means the Aboriginal Relations and Reconciliation Committee, a standing committee of Students’ Council;
4. “Balance of probabilities” is the burden of proof that a fact or situation is substantially more probable than improbable;
5. “Banner” shall be any Campaign Material composed of paper, cloth, or similar material of a total area greater than four (4) square feet;
6. "Business Day(s)” shall be any and all hours occurring between 09:00 and 17:00 between Monday to Friday local Edmonton time;
7. “By-Election” shall refer to any election called by the Chief Returning Officer in addition to the Winter General, Winter Council or Fall Council Elections;
8. “CAC” shall be the Council Administration Committee;
9. “Campaign” shall be the period of time during which Campaign activities are permitted;
10. “Campaign Activity” shall be any act, planned or organized by or on behalf of any Candidate that is calculated to convince Members to vote in a given way;
11. “Campaign Expense” shall be any and all expenditures incurred in engaging in Campaign activities;
12. “Campaign Materials” shall be any physical or electronic media produced or distributed as part of Campaign activities;
13. “Campaign Period” shall refer to the length of time between the conclusion of the Pre-Campaign Period and the conclusion of voting;
14. "Candidate" shall be any Member whose nomination is accepted under this bylaw;
15. “Commencement Meeting” or “Candidates Meeting” shall refer to the initial mandatory meeting held to review elections rules or regulations and answer Candidate questions;
16. “Conclusionary Meeting” shall be the final mandatory meeting held to address last-minute issues and delegate campus cleanup assignments;
17. “Confidential information” shall be any record, document, or file created by the Students’ Union that is not  
    publicly available and is only available to a limited list of people.
18. “Consultation” is the act of exchanging information and opinions about something in order to reach a better understanding of it or to make a decision, or a meeting for this purpose. Consultation with FNMI students and student groups may include,
    
     Advertising (radio/website/e-mail) the Students’ Union’s intention to begin the process prior to its start;  
     Installing and advertising appropriate facilities and methods, such as a centralized e-mail or online feedback form, for the ongoing gathering and updated dissemination of information between the Students’ Union and the public;  
     Soliciting e-mail addresses for automatic updates regarding information changes and/or upcoming events;  
     Attendance at other community events to promote the consultation process;  
     Use of newsletters and surveys; and  
     Holding and advertising public open houses;
19. “Compensation” is providing a person with some form of appreciation for services provided.
20. “Constituency” shall refer to the membership of an Association;
21. "Council" shall be either be Students' Council or General Faculties Council (GFC) as the context requires;
22. "Councilor" shall be a student representing a specific faculty and the student body as a whole, on Students' Council or General Faculties Council (GFC) as the context requires;
23. "Council Member" shall refer to all members of Students' Council;
24. “CPI” shall refer to the Consumer Price Index for the Province of Alberta;
25. "CRO” shall be the Chief Returning Officer of the Students’ Union;
26. “Dedicated Fee Unit” and “DFU” shall refer to any fee collected through the Students’ Union in accordance with Bylaw 160;
27. “DIE Board” shall be the Discipline, Interpretation, and Enforcement Board of the Students’ Union;
28. “Direct Associate” shall be a person or entity whose interests are closely connected with a Councilor's personal interests, including but not limited to: a partner or family member; a business partially or wholly owned by the Councilor; an employer or employee; or a business partner;
29. “Directives” are formal instructions that oblige the Students’ Union and its representatives to take, or avoid specific action. Directives are intended to govern and influence the University of Alberta Students’ Union and its representatives in how it engages and consults with FNMI students and student groups;
30. “DRO(s)” shall be the Deputy Returning Officer(s) of the Students’ Union;
31. “Election Period” shall refer to the length of time between the nomination deadline and the announcement of unofficial results;
32. “Elections Staff” or “Elections Office” shall refer to the CRO and DRO(s);
33. “Executive Committee” is the duly elected representatives of the Students’ Union and includes:  
     President,  
     Vice President Academic,  
     Vice President External,  
     Vice President Student Life,
    
     Vice President Operations and Finance, and  
     General Manager (Unelected, non-voting member).
34. “General application” means any law, policy, or other legislative instruments which result in effects that  
    apply to all students equally;
35. “Faculty” shall be any entity defined by the University of Alberta General Faculties Council as either a faculty or a school and in which Members are registered and shall include Open Studies;
36. “Fall Election” shall refer to all elections occurring in the fall term;
37. "Fiduciary Responsibility" shall refer to a Councilor's or Executive's duty to safeguard the welfare and long-term sustainability of the UASU.
38. “Forum” shall be any event organized by an entity other than the Students’ Union, a Candidate, side, or a Volunteer acting on behalf of a Candidate or side at which Campaign activities are facilitated;
39. “General Election” shall be the General Election of the Executive Committee and the Undergraduate Board of Governors or the General Election of Faculty Councilors;
40. “Introductory Meeting” shall refer to the first meeting in April in which Members-Elect dispose of any procedural matters for the upcoming year, but prior to the Installation Ceremony and term of office beginning.
41. “Joke Candidate” shall be any Candidate who chooses to use a name of their choice and discloses that they are a joke Candidate, with the knowledge that they cannot hold office;
42. “Legislation” means:  
     Students’ Union bylaws;  
     Students’ Union political policies;  
     Students’ Union standing orders; and  
     General orders of Students’ Council;
43. “Member” shall be anyone who is an undergraduate student currently enrolled in at least one course for credit at the University of Alberta;
44. “Plebiscite” shall be a vote, open to all Members, held on a given question but whose result is not legally binding upon the Students’ Union;
45. “Poster” shall be any Campaign Material composed of paper, cloth, or similar material, of a total area of under four (4) square feet that is designed to be posted on a wall or similar place;
46. “Pre-Campaign Period” shall refer to the length of time between the declaration of a nominee as a Candidate and the commencement of the Campaign Period where Campaign activities are prohibited;
47. “Preferred Name” shall be the name which an individual consistently uses to identify themselves in their day to day life in place of their given name;
48. “Primary Volunteer” shall be a person registered as part of a Candidate’s Campaign who that Candidate has selected to serve as a primary Volunteer for the purposes of this bylaw;
49. “Principles” are the set of operational and/or technical measures, procedures, or practices for Students’ Union-wide use. Principles are the guiding tenants detailing how the Students’ Union and its representatives are expected to conduct certain aspects of their duties as they relate to FNMI students and student groups at the University of Alberta;
50. “Professional Misconduct” shall be action or inaction that violates a Councilor's or Executive's fiduciary responsibilities or fundamental ethical standards;
51. “Public information” shall be any record, document, or file created by the Students’ Union that is available  
    to any member of the Students’ Union.
52. “Referendum” shall be a vote, open to all Members, held on a given question and whose result is legally binding upon the Students’ Union;
53. “Registered Student Group” shall refer to a student group at the University of Alberta that has successfully registered as a Students’ Union student group with Student Group Services;
54. “Satisfactory attendance” is defined as being present for at least 50% of roll calls per trimester.
55. “Side” shall be any person or group of people who have their registration as a plebiscite or referendum side accepted under this bylaw;
56. “Side Manager” shall be a person registered as part of a plebiscite or referendum side who those Members of that side have selected to serve as side manager;
57. “Students’ Council” means the highest governing body of the University of Alberta Students’ Union, as constituted by the statute of the province of Alberta;
58. “Student Representative Association” and “SRA” shall refer to any association of undergraduate students that represents a definable and enumerable constituency, to which Students’ Council exclusively delegates its representative authority;
59. “Student Representative Association Membership Fee” shall refer to any fee collected through the Students’ Union on behalf of a Student Representative Association in accordance with Bylaw 160;
60. “Students’ Union” means the University of Alberta Students’ Union, as incorporated by the statute of the province of Alberta;
61. “Uncontested Election” shall refer to any race where the number of nominees is equal to or less than the number of seats available;
62. “Update Meeting” shall be any meeting called by the Chief Returning Officer during the election period to address issues of importance that arise during the election;
63. “University” shall be the University of Alberta;
64. “Unsatisfactory attendance” shall be defined as being present for less than 50% of roll calls per trimester.
65. “Volunteer” shall be any individual who assists in Campaign activities;
66. “Voter” shall be any Member who exercises their entitlement to vote;
67. “Voting Period” shall refer to the length of time when ballots may be submitted by electors;
68. “Winter Council Election” shall refer to the University of Alberta Students’ Union Students’ Council and University of Alberta General Faculties Council elections occurring in the winter term; and
69. “Winter General Election” shall refer to the University of Alberta Students’ Union Executive Committee and University of Alberta Undergraduate Board of Governors Representative elections occurring in the winter term;