11 October 2013

University of Sydney 2013 Senate Elections

What is the University’s Senate?
The Senate is the governing authority of the University of Sydney and oversees all major decisions concerning the conduct of the University, including staff appointments and welfare, student welfare and discipline, financial matters and the physical and academic development of the University. It awards all degrees and diplomas and is responsible to the Parliament of NSW.

The senate is made up of 22 Fellows, some who are appointed by the Government and others elected by members of the University community such as graduates, staff and students.

Who is Unify?
Unify is a group of Alumni who have combined to run for Senate together under the same core policies, which include fighting for a fully independent and viable USU.

Unify is made up of: Jane Spring (CEO NSWIS), Bruce McWilliam (Commercial Director, Seven Network), Peter FitzSimons (writer and columnist), Verity Firth (former Minister for Education) and Peter King (former UNESCO Chairman).

Jane Spring and Peter Fitzsimons are current Fellows seeking re-election.

Who is USUAF?
The USU Alumni and Friends association (USUAF) is one of the University’s 40 alumni chapters and was founded in the 1990’s specifically to help us prepare to fight against VSU (which, the first time round when we won). Subsequently, the USUAF has provided invaluable assistance over a range of issues including fundraising and lobbying, particularly in relation to VSU and SSAF.

USUAF are supporting Unify in their campaign.

Why was a Unify Member Mail sent on Wednesday (9 Oct) afternoon?
The USUAF sent an email to create awareness about the Unify ticket and its strong support for an ongoing independent and viable USU. Unify has also expressed strong support for the ongoing independence and viability of the SRC, SUPRA, CSG and SUSF.

Who can vote in the Senate election?
Only graduates of the University of Sydney can vote in the Senate elections. Undergraduates are not able to vote. We apologise for the confusion caused as a result of the special Member Mail sent on Wednesday.

How can I vote in the Senate Election?
If you are a graduate you should receive your ballot papers in the mail, which were posted on Wednesday 9 Oct. To ensure your details are up to date, you should contact the Alumni Office.

Where do I get more information about the candidates?

This information and more is available on the University’s website.

03 October 2013

Special Meeting of the Board- Date Change


As the USU Board wishes to ensure due processes are followed, and recognises the importance of ensuring all Board Directors can attend the meeting, the date of the Special Meeting of the Board has been changed to-

Friday, 11 October, 1pm
Withdrawing Room, Holme Building

Due notice has been issued of the meeting to all Directors, with the motion on notice being:


That by special resolution, Vice President Tom Raue is found guilty of serious misconduct and shall cease to hold office. 



01 October 2013

Further information concerning the Motion being put to Board this Friday


In light of the recent online discussion surrounding the motion being put to the Board this Friday, here is a statement clarifying the rationale behind proposing this motion:


Why is this motion being proposed?



This motion is being proposed because it is the opinion of the remainder of the Executive that Tom has breached the USU's Regulations and Directors Duties by deliberately disclosing confidential information to Honi Soit.  We consider Tom to have breached his fiduciary duty to the USU as well as made an improper use of information, both of which are serious breaches of the duties he is bound by as a Director of the USU.

 


Why is Tom Raue not being censured again?

 

The USU's Regulations state:



3.1.3. Failure to adhere to the Constitution, Regulations and/or Duty Statements may be acknowledged by a motion, carried, censuring the Director in question. Further failure by a Board Director to adhere to the Duty Statements may be brought before the Board provided the breach contemplated is clearly ascertainable and evidence thereto is supplied before the Board.



3.1.4 Upon satisfaction of clause 3.1.3, the Board may then decide:
(a) by Special Resolution only, that the Director in question is guilty of misconduct and shall cease to hold office. This shall apply in the case of a serious breach to the Constitution, Regulations and/or Duty Statements, such as a breach of fiduciary duty, abuse of corporate opportunity, disclosure of in camera proceedings, or systemic failure to attend meetings.



Tom was previously censured by the Board in August 2012. The Executive considers that in this instance, Tom's failure to adhere to the USU's Regulations and Duty Statements is of a serious enough nature that warrants the enactment of section 3.1.4 (a).





What was the nature of the confidential information Tom leaked, and why was it confidential?



The information Tom leaked was from a confidential report compiled by the USU's Director of Human Resources investigating a grievance raised by a USU staff member. Tom leaked a quote from a USU staff member that was made during an interview with the Human Resources Director. This report was an internal USU Human Resources document. 

The USU has a Handling of Grievances policy that outlines the processes surrounding workplace complaints. This policy exists to ensure that staff feel safe making workplace complaints and that their privacy is protected.

Section 2.1.3 states:



2.1.3. Everyone involved in the resolution of the complaint (including the complainant, the respondent, support people and witnesses) are required to keep the matter confidential. Breaches of this requirement may result in further disciplinary action being taken.



Tom was involved in the resolution of this complaint and was required by this policy to keep the report confidential. 


This breach of confidentiality directly undermines the assurance of strict confidence and confidentiality given by the Human Resources Director to the staff member whose quote Tom provided to Honi Soit.


Was Tom made aware that the information was confidential?



Yes, he was. Before releasing this information Tom contacted the President stating his intention to send it to Honi Soit, and the President requested that he first speak to the USU's Human Resources Director to discuss issues of confidentiality. Tom was made aware by the Human Resources Director of the confidentiality of this report, and he was also made aware of this by the remainder of the Executive. 




What section of the Regulations and Directors Duty Statements is Tom alleged to have breached?



Tom is alleged to have breached-



Regulations:


3.1.1. All Board Directors shall act in accordance with the Duty Statements for Board Directors



Duty Statements:


1.a. Directors shall comply with their roles and responsibilities as prescribed by the law and as outlined in the Institute of Company Directors Publication “Duties and Responsibilities of Company Directors” viz:

(a) Fiduciary duty to the USU and its members

(d) A duty not to make improper use of information



Fiduciary duties are not expressly defined in the Regulations, however under common law in Australia, fiduciary duties for Directors include:



Duty to act bona fide (in good faith) in the interests of the 
organisation as a whole

Duty not to act for an improper purpose

Duties of care and diligence

Duty to retain discretion

Duty to avoid conflicts of interest

Duty not to abuse corporate opportunities



Fiduciary duty to the USU includes complying with USU's Constitution, Regulations, Duty Statements, policies and processes, which are deemed to be in the best interests of the USU as an organisation. This would also include the Handling of Grievances Policy. 

Improper use of information involves using the information for a purpose outside of which it was intended. In this instance, Tom Raue was provided this report by the Human Resources Department to assist in the resolution of an USU staff member grievance.


 


What is the decision the Board will be making on Friday?



The Board will be determining whether Tom's deliberate disclosure of confidential information, in accordance with section 3.1.4(a) of the Regulations, finds that he is- "guilty of misconduct and shall cease to hold office. This shall apply in the case of a serious breach to the Constitution, Regulations and/or Duty Statements, such as a breach of fiduciary duty, abuse of corporate opportunity, disclosure of in camera proceedings, or systemic failure to attend meetings."


For the remainder of the Executive, bringing this motion to the Board is a decision that has not been taken lightly. The USU Board is committed to ensuring a fair workplace where policies and procedures ensuring staff privacy are respected by all, especially Board Directors. Tom's disclosure of confidential information has undermined this. 


Hannah Morris
President

UA-5126621-7