CUYC Constitution

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CUYC Constitution, Revision 3; adopted 8th March 2013, amended 3rd October 2023.

A. Name, Objects, & Governance

The Club shall be called "Cambridge University Yacht Club" (with the acronym of CUYC).
The Object of the Club shall be to provide a wide variety of safe and affordable yacht sailing and training to members of the University of Cambridge.
The Club shall be run in accordance with this Constitution, which shall take precedence over any other decision or policy made by the Committee.
In addition, Regulations shall exist to record policy and long term decisions supplementary to this Constitution made by the Committee. No Regulation may be made which is inconsistent with this Constitution.
This Constitution and any Regulations shall be published in an accessible means.
The Committee shall decide any question of the interpretation or validity of this Constitution or any Regulations.
This Constitution may be altered at a General Meeting, as prescribed in Section G.

B. Membership

Requirement for Membership

Membership must be held to stand for election, to vote at Elections or General Meetings or to participate in any Event organised by the Club (except social events).
Persons associated with the Club or attending social events without membership implicitly undertake to behave in a respectable manner.
Membership shall be obtained by the payment of a Membership Fee (defined in the Regulations). Membership shall be valid for one year from the date of the Event at which it is first used.
The Committee shall not refuse an application for membership on the grounds of race, sex, sexual orientation, religion or political views. It may, however, refuse membership for actual or anticipated behaviour likely to bring the Club into disrepute or compromise the safety of an event; this decision shall require a two-thirds majority vote of all Officers of the Committee. Any cases of uncertain eligibility shall be referred to the Committee for decision.

Classes of Membership

There shall be three classes of membership, Junior, Senior and Affiliate, as defined:
1. Junior Membership shall be open to anyone registered for an undergraduate or postgraduate qualification at the University of Cambridge or at an Associated Institution (as defined by the Regulations of the Club).
2. Senior Membership shall be open to:
  1. University of Cambridge academic, academic related and research staff,
  2. Cambridge college fellows,
  3. Alumni (anyone who was previously a Junior or Senior Member or who would have qualified as such had they joined the Club during their time at Cambridge).
3. Affiliate Membership shall be open to anyone who does not qualify for Junior or Senior Membership, including:
  1. University of Cambridge administrative staff,
  2. Cambridge college staff,
  3. Students at other universities,
  4. The general public.
At the discretion of the Committee, a person may in exceptional circumstances be granted a membership class that they would otherwise not qualify for.

Conduct of Members

Prior to participating in Club activities, every Member will undertake to comply with this Constitution and any Regulations, including:
1. If a member finds themselves with a complaint against a club member, committee member, or the club as a whole, they shall abide by the complaints procedures as specified in section I.
2. If a member is the subject of a disciplinary process specified in section J, they shall abide by the decisions made. This does not override their right to appeal.
No Member shall use their association with the Club as a means to private profit without the prior consent of the Committee.

C. Committee & Officers

The Committee shall consist of a Commodore, at least 3 Vice-Commodores, Officers, a Senior Treasurer, Skippers and Instructors. Commodore and Vice-Commodores shall be considered Officers of the Committee.
The Commodore, the Vice-Commodores and any other elected or co-opted Officers shall be the only voting members of the Committee.
The Committee shall approve a list of Skippers and Instructors, any amendments of which shall be approved and recorded in the minutes of the Committee Meeting.
The Commodore shall manage all aspects of the running of the Club. The delegated duties and responsibilities of the Vice-Commodores, all other Officers, Skippers and Instructors shall be published in the Regulations.
If the position of Commodore is vacant, then all references in this Constitution and in any Regulations to decisions and actions made by the Commodore shall instead be read as being made by that Vice-Commodore who has served as an Officer of the Committee for the longest time in total. The Committee can resolve to co-opt a Junior Member of the Committee as Commodore, or delegate the position of Commodore to all Vice-Commodores collectively, or to the Committee as a whole, until a suitable candidate is found. A new Commodore shall be elected at the earliest opportunity.
The Senior Treasurer shall be appointed by a two-thirds majority vote of all Officers of the Committee. The Senior Treasurer shall meet the requirements issued by the Proctors of the University of Cambridge, and shall act in accordance with their regulations.
If the Committee chooses by two-thirds majority of all its Officers to ask for the resignation of the Senior Treasurer or if the Senior Treasurer notifies the Committee of their intention to resign, the Committee shall appoint a new candidate and the existing candidate shall remain in the post until then, such that the Club is never without a Senior Treasurer.
For the avoidance of doubt, the Vice-Commodore for Operations shall act as the Junior Treasurer with regards to Club Accounts and either of the Vice-Commodores for Training or Sailing shall act as the Club Secretary (where the role is not solely fulfilled by another Officer).
The number of Officers shall not exceed 15% of the Junior Membership of the Club.

D. Appointment and Retirement of Officers

Officers shall be elected periodically, and shall not serve for more than three terms without re-election.
In the event of a position being vacant, the Committee may co-opt Junior Members to fill the position, by simple majority vote. They shall be co-opted until the next Election.
Co-opted Officers shall have the same voting rights and responsibilities as elected Officers.
Co-opted Officers may not make up more than one-third of the Committee.
The Commodore and Vice-Commodores must be elected from the Junior Membership. Other Officers shall normally be elected from the Junior Membership.
In cases where the Committee resolves by simple majority vote that specialist skills are needed for a position that cannot be satisfactorily found within the Junior Membership, the Officer for that position may be from the Senior Membership. However, at no time may the proportion of Senior Members acting as Officers of the Committee exceed a third.
Officers may resign by giving notice to the Committee.
If the Committee votes by a two-thirds majority of all its Officers that an Officer has not performed their responsibilities to a basic minimum level, the Officer will be required to resign. This may also be achieved by a simple majority vote of Junior Members present at a General Meeting of the Club.
A list of current Committee members shall be made available to Members in an accessible means.

E. Elections

Elections shall be free events open to all Members with Notice of Elections given seven days before by the Returning Officer.
Elections shall be administrated by the Commodore acting as the Returning Officer, except in cases where the current Commodore stands for re-election or election to another position, in which case they shall appoint another Member to act in their stead.
Nominations to stand for any position up for election shall be sent to the Returning Officer four days before the Election. The Returning Officer shall ensure all nominees are eligible to stand. Nominations received after this time may be accepted by a simple majority of the voting Junior Members at the Election. Notice of Candidates standing will be given three days prior to the Election.
Each Officer shall be elected by a simple majority vote of voting Junior Members. A Junior Member may cast their vote in person or by proxy (giving prior confirmed notification of their choice of proxy to the Returning Officer). A Proxy must be a Junior Member and the Returning Officer may be used as a proxy.
Elections shall be ratified as fair, correct and quorate by a two-thirds majority of all Officers of the Outgoing Committee. Any objections to the Elections from Members shall be considered by the Returning Officer who shall have the option to re-run the election, call an Extraordinary General Meeting or allow the Outgoing Committee to ratify the Election. Objecting Members may call an Extraordinary General Meeting themselves through the mechanisms described in this Constitution.
If Elections are not ratified by the Outgoing Committee, then they shall be re-run within 7 days.
Election Results shall be communicated to the membership at the first opportunity by the Returning Officer.

F. Trust Deed & Trustees

Any Yacht purchased for the use of the Club shall be held by Trustees under the direction of a Trust Deed signed by the Commodore at the time that the trust is formed.
Trustees shall have the right to attend any Committee Meeting and offer advice there. Furthermore, they shall have access to all documentation pertaining to the finances and state of the assets they hold on trust for the Club.
Any changes to the wording of the Trust Deed or the retirement/appointment of Trustees shall be voted upon by two-thirds majority of all Officers of the Committee and receive the written approval of the current Trustees.
Trustees may be removed from their posts by a simple majority vote of Junior Members present at a General Meeting.
If at any point there are less than four Trustees, new Trustees shall be appointed as soon as possible.
The Trustees shall in all respects act, in regard to the Club Yachts or other property of the Club they hold on trust, in accordance with the directions of the Committee and shall have power to sell, lease, or pledge any such Club property so held for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Committee's directions.
The Trustees shall be indemnified by the assets of the Club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or in relation to any Yacht or other property of the Club vested in them, or in relation to any legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee.

G. General Meetings

Each academic year there shall be a meeting of the Club in Cambridge to be called the Annual General Meeting. This shall be free to all Members and notice of the meeting shall be given at least fourteen days in advance by the Commodore, who will chair the meeting.
The Committee shall present to the Annual General Meeting the report and accounts for the Club from the preceding year.
The Committee can at any time convene an Extraordinary General Meeting, and must do so if called upon by at least ten Junior Members, the Senior Treasurer or the majority of the Trustees. The Extraordinary General Meeting shall be held at the first possible opportunity, with no less than seven days' notice given by the Commodore. An Annual General Meeting can serve as an Extraordinary General Meeting.
Elections may be run following a General Meeting.
Motions are passed by a simple majority vote of Junior Members present, save motions which shall require a two-thirds majority or specified quorum as prescribed elsewhere in this Constitution.
Any Junior Member may propose a change to this Constitution at least ten days before a General Meeting, seconded by another Junior Member. The proposed changes shall be communicated to Members by the Commodore at least seven days in advance of the General Meeting. The proposed changes shall be adopted if passed by one tenth of all Junior Members of the Club and by a two-thirds majority of Junior Members present at the General Meeting.
An Officer appointed by the Committee shall keep a full record of proceedings at every General Meeting of the Club.

H. Committee Meetings

The Committee shall meet at least once every academic term.
The voting quorum for Committee Meetings shall be half the voting members of the Committee. More than half of the quorum for any Committee Meeting cannot come from the Senior Membership of the Club.
Voting shall be by a simple majority vote by the Officers present unless prescribed elsewhere in this Constitution.
Electronic voting shall be allowed at the discretion of the Commodore. The quorum of respondents shall be the same as for a Committee Meeting. No issue requiring a two-thirds majority by this Constitution may be decided by electronic voting; otherwise, motions are passed by a simple majority of voting officers in favour or against the motion. A record of electronic discussion on the matter together with the results of the vote shall be recorded with the other minutes of Committee Meetings by the Commodore or delegated officer. If a third of voting officers register objections to the use of electronic voting, then the issue cannot be decided by this method.

I. Complaints Processes

Prior to submitting a written complaint members should, where possible and appropriate, first discuss any concerns that they may have in relation to club activities with a member of the Committee so that a suitable informal resolution may be considered. If not possible or appropriate, or an informal resolution cannot be agreed, then the member should follow the complaints process identified in the remainder of this section I.
Prior to submitting a written complaint, members should refer to the relevant University Sports Service complaints procedures. Advice on the appropriate procedures may be sought, in confidence, from the Club Welfare Officer(s) or relevant University staff. Contact details for relevant University staff and direction to University Sports Service complaints procedures shall be advertised by the club in a publicly accessible manner.
Where a club level complaint is indicated, this must be submitted in writing to the Commodore in an expedient manner. Complaints should be treated confidentially and must not be distributed publicly.
1. The Commodore will acknowledge receipt of any written complaint within 7 days.
2. The Commodore and Club Welfare officer(s) will meet to review the complaint within 21 days of receipt to determine what information, response or action is required. They will also agree an appropriate timescale for the process to be completed. This will be communicated to the complainant within 7 days of the meeting taking place.
3. When indicated by the University Sports Service complaints procedures, or when agreed by the Commodore as the appropriate course of action following their meeting, the complaint will be referred to the Senior Treasurer who will conduct an investigation.
Complaints against either the Commodore or Welfare Officer may be lodged with the Senior Treasurer, or, where a further conflict of interest arises, with the University Sports Service who will advise on the appropriate procedures depending on the nature of the complaint.
The Commodore or Welfare Officer may also trigger the complaints process in the event of an observed or alleged breach of the Club Code of Conduct.

J. Disciplinary Processes

Subject to the remainder of this section, the Commodore, in consultation with the Senior Treasurer, shall have the authority to temporarily suspend a member or members whose actions are felt to be such as to bring the Club into disrepute, or materially harm or present a risk of material harm to the interests of its members. The suspension may run for 28 days or until the next Committee Meeting, whichever is sooner.
The Committee, in consultation with the Senior Treasurer, and with a two-thirds majority vote, may also take other disciplinary action in respect of a member of the Club, commensurate with the seriousness of the offence.
In line with section I, written notice of any investigation by the Senior Treasurer will be provided within 28 days of a complaint being received. In the case of serious misconduct, the Committee, in consultation with the Senior Treasurer, may suspend a member pending the outcome of the investigation.
The member against whom a complaint has been made will be given an opportunity to make written or oral representations, following the conclusion of any investigation, before a decision is taken regarding expulsion. The expulsion of a member can only be implemented following a two-thirds majority vote of all Committee members.
In the event of an expulsion, the excluded member is required to return all equipment, documents and finances belonging to the Club within 7 days. They will not be entitled to any full or partial refund of annual subscriptions.
If a member who has been excluded, suspended or subject to other disciplinary action pursuant to this clause wishes to appeal the decision, that appeal should be made to the Secretary of the University Sports Committee who will convene a Review Group from members of the Sports Committee/Sub-Committees. The Review Group will consider the investigation process and the facts of the case and their decision will be final.

K. Dissolution

If the Committee decides that it is necessary or advisable to dissolve the Club it will call an Extraordinary General Meeting. Any motion to dissolve the Club will require a quorum of two-thirds of all Junior Members of the Club and a two-thirds majority vote of the Junior Members of the Club present at the General Meeting. If this motion is passed, the Committee shall distribute the assets of the Club to other clubs and societies of the University of Cambridge.