Debate

 

This page does not go into the nature of the doctrine of precedent, or how Judgements from complaints are binding to the society. To view more information about this, please visit here.

Every single member of the Debate Society, including the President Speaker, are bound by the rules and constitution of the society. Where a member breaks a rule, then they will often have to go through a disciplinary process. The stages of this are outlined below:

  1. Stage One - Informal Discussion: Where a minor offence has taken place, then an appropriate committee member will have a private discussion with the offending member to discuss their actions and next steps. This may be referred to as an informal warning but this won't be recorded unless the member decides to appeal.
  2. Stage Two - Formal Hearing: Where a more serious offence has taken place (but the action isn't criminal or of a liable nature) then the offending member will be subject to a disciplinary hearing. This hearing is held in private, though recordings may take place, and is often done by the Vice President Speaker. The hearing follows guidance set out by ACAS which you can find here. All hearings will result in a report which includes names (unless anonymity is needed), reasons for the complaint, witness statements and evidence, the verdict and any decisions/recommendations that have been made. Where the complaint is against the VPS, then the President Speaker will hear the case.
     
  3. Stage Three - Appeal Panel of the Committee
    When a disciplinary hearing under Stage Two has taken place, either the complainant or the defendant may wish to appeal the decision to the Appeal Panel of the Committee which includes the President Speaker of the Debate Society and the next most senior member of the Committee. Appeals to the Panel can only be done if the decision in Stage Two was: Unfounded without evidence and fact, unlawful, not in line with the constitution or if the disciplinary was improper, unfair and biased.

    The Panel, if they find an appeal can be made, can then uphold the original decision, partially reject the decision or reject and replace the whole decision. As with Stage Two, the Panel must then submit a report.
     
  4. Stage Four - The Union of Students or University
    If a party is still unhappy, despite appealing to the Appeal Panel, then they may wish to elevate it to the Union of Students VP Activities. More information can be found here. If the Vice President Speaker or the President Speaker are subject to a Stage Two disciplinary may appeal directly to the Union of Students.

    If the adjudicators on Stage Two or Stage Three realise that the complaint is especially serious then they may elevate it to the Union of Students and the University of Derby, and in severe cases to the police and other organisations

If you are subject to a disciplinary hearing, you will be given several rights including the right to have a representative, a copy of all evidence and an advanced warning of one week of any hearings and investigations.

Please note, the adjudicator for Stage Two is limited in what punishments they can enforce unilaterally, this includes permanent dismissal. Where the adjudicator is unable to apply a punishment, they may make a recommendation to the Committee or the Union of Students to apply the punishment instead.

The Debate Society's Constitution gives everyone the right to challenge the committee, a PPG or a member's actions if any of them act against the constitution. Members do not need to have advanced knowledge of the constitution, but they must have evidence to support their complaints.

The complaint process follows the same procedure as the Complaints System, however, members have the right to complain directly to the Union of Students' VP Activities should they want an independent review. 

To make a complaint to either the disciplinary or the constitutional complaint process, you can submit your complaint in three ways:

  1. You can submit a form here.
  2. You can raise the issues privately with the Vice President or President Speaker
  3. You can raise the issue anonymously with the Union of Students Societies Coordinator who can act as a messenger.