Regulation 9: Election and nomination regulations

9.1 Status, approval and review of the election regulations
9.2 Principles and definitions
9.3 Returning officer
9.4 Eligibility to stand and vote
9.5 Timing of elections
9.6 Nominations procedure
9.7 Voting period and campaign
9.8 Ballot procedure and count
9.9 Results
9.10 Complaints
9.11 Appeal
9.12 Election and nomination of undergraduate and postgraduate student members to Senate
9.13 Resignation of elected members

 

 

 

9.1 Status, approval and review of the election regulations

9.1.1 The election regulations were reviewed in February 2023. Revisions to the election regulations are proposed by the University Secretary to the Council and the Senate as the approving bodies for these regulations.

9.1.2 The regulations encompass elections to the Council and the Senate for University-level elections of staff members to these two bodies (ie where the electorate is a substantial body of staff such as the academic staff from a faculty in the case of Senate elections or the entire professional support staff in the case of the Council elections). These regulations do not cover arrangements for elections which are by and from the members of Senate to Council. The requirements in the regulations apply in common to elections held for both the Council and the Senate, unless differences between the election arrangements for each are specified.

9.1.3 There may be occasions when the specific arrangements and timescales identified in these regulations require variation for the benefit of candidates and voters or because certain practical, logistical or technical matters need to be resolved for the smooth running of the election process. In the event of such changes, upholding the fairness of the election process will remain paramount. Notice of any material changes to the election process will be announced to candidates and voters using the University's main communication channels to announce elections.

9.1.4 A copy of these election regulations shall be published on the University website as a regulation of the University. They should be read in conjunction with paragraphs 9.16-9.24 of University Ordinance 9 (Standing Orders of Senior University Committees).

9.2 Principles and definitions

9.2.1 Elections to the Council and the Senate are an important part of democratic engagement in the governance of the University. The fairness, equity, impartiality and transparency of the election process is paramount at all times, as reflected in the election arrangements and the conduct of candidates and voters.

9.2.2 As required under University Statute 4.1.c there shall be not more than two members of the professional support staff elected to the Council. The staff elected shall be members for a term of three years, normally starting on the first day of August in the year in which they are elected or on a later date if it is pragmatic to vary the start date as set out in paragraph 9.22 of University Ordinance 9. The staff elected shall not be eligible for re-election until one year has elapsed from the end of their term of office.

9.2.3 As required in the constituency approved by Senate in July 2022 (Senate M21-22/100 refers) there shall be up to 18 members of the permanent and fixed-term academic staff elected to the Senate (with no distinction between the permanent and fixed-term categories). The 18 positions shall be divided equally between the three faculties, ie six elected members from each faculty. The staff elected shall be members of the Senate for a term of three years, normally starting on the first day of August in the year in which they are elected or on a later date if it is pragmatic to vary the start date as set out in paragraph 9.22 of University Ordinance 9. The staff elected shall not be eligible for re-election until one year has elapsed from the end of their term of office.

9.2.4 As required in the constituency approved by Senate in July 2022 (Senate M21-22/100 refers) there shall be one member of permanent or fixed-term academic staff from a unit not aligned to any of the three Faculties elected to serve on the Senate. The individual elected shall be a member of the Senate for a term of three years, normally starting on the first day of August in the year in which they are elected or on a later date if the Senate has made a decision to adjust the normal election timetable. The individual elected shall not be eligible for re-election until one year has elapsed from the end of their term of office.

Nominated members

9.2.5 In addition to the members of Senate elected under this Regulation, the Senate has approved a number of nominated staff membership positions as follows:

1. Fifteen Heads of Department/School nominated by the Faculty Executive Boards (five from each)
2. One academic staff member nominated by the staff race equality forum
3. One academic staff member nominated by the LGBTI+ matters network
4. One academic staff member nominated by the Include network

9.2.6 The nominated members above will be members for a term of three years, normally starting on the first day of August in the year in which they are nominated or on a later date if the Senate has made a decision to adjust the normal nomination timetable. The nominating bodies may consider re-nominating the same members but only after one year has elapsed, as with the elected members of Senate. The nominating bodies may also decide to nominate members to serve for a period of less than three years, acknowledging that in the case of Heads of Department/School their term in that role is normally four years (so their nomination to serve on Senate might not run in parallel with their term as a Head of Department/School). While periods of membership shorter than three years are acceptable for Heads of Department, where a Head of Department has less than one academic year remaining in that role and an extension is not a likely outcome, the nominating Faculty Executive Boards should reflect on whether it is more appropriate to select an alternative nominee to minimise frequent changes in the membership of Senate.

9.2.7 When nominating Heads of Department, the Faculty Executive Boards should also consider equality, diversity and inclusion (EDI) factors (in particular as regards gender and ethnicity) as well as disciplinary mix and length of experience as a Head of Department. On receipt of nominations, the University Secretary may ask the Faculty Executive Boards to revisit their nominations if the collective impact on the Senate membership across the three faculties would result in an overall gender imbalance and under-representation for other EDI characteristics which could reasonably be rectified. In the event of disagreement within the Faculty Executive Board, the Faculty Dean will take final decision.

9.2.8 While there is no centrally issued form or candidate statement as part of the nomination process, the nominating bodies should maintain a record of their final decision and email this to governance@york.ac.uk. In the case of Head of Department nominations, the Faculty Executive Boards should also provide for reference the start- and end-dates of each nominee’s current term as a Head of Department.

9.3 Returning officer

9.3.1 The Returning Officer for elections to both the Council and the Senate will be the University Secretary in their statutory capacity as Secretary to both the Council and the Senate.

9.3.2 The Returning Officer is responsible for the administration and good conduct of elections and has the sole right to interpret the meaning of the election regulations and ensuring that the elections are run in accordance with these.

9.3.3 The Returning Officer will appoint a Deputy Returning Officer based in the Governance and Assurance Office to manage the day-to-day running of the election.

9.3.4 The ruling of the Returning Officer can only be challenged by an appeal to the Vice-Chancellor in line with Section 9.11 of these regulations.

9.4 Eligibility to stand and vote

9.4.1 Staff meeting the following criteria shall be eligible to vote in and stand for election:

Election of members to Senate from the University's Academic Staff

(a) All members of permanent and fixed-term academic staff appointed to full- or part-time posts, in post and having commenced employment no later than the start of the election period. This definition of academic staff includes those on the following academic contracts: SM (Senior Management), TR (Teaching and Research), RL (Research Only) and TS (Teaching and Scholarship). Associate Lecturers/Professors are also eligible if they hold one of these contract types in the University’s academic staff database. These eligibility criteria apply to both the academic staff elected by and from the three Faculties and to the one individual elected by and from non-Faculty aligned units.

(b) Academic Staff holding honorary titles of the University (including Emeritus Professor, Emeritus Reader, Honorary Professor, Honorary Fellow, Honorary Visiting Professor or Honorary Visiting Fellow) are not eligible to stand for or vote in the election.

Election of members to Council from the University's Professional Services Staff

(c) All members of Professional Services staff appointed to full-time or part-time posts on either a permanent or fixed-term contract (including temporarily varied hours or an unpaid career break) are entitled to stand and vote in this election, provided that they are in post and having commenced employment no later than the start of the election process as set out in this Regulation.

9.5 Timing of elections

9.5.1 The Returning Officer shall ensure that elections take place near to the end of the current term of office of the incumbent member(s), seeking to avoid an extended period where there are vacancies in the position(s) in question.

9.5.2 The Returning Officer reserves the right to pause and restart published timescales during the nomination or voting process where key elements of the timetable fall during exceptionally busy periods in the academic calendar or during vacation/closure periods.

9.5.3 The election timetable shall be made available to all eligible staff at the commencement of the election period using the University's main communication channels to announce elections.

9.6 Nominations procedure

9.6.1 Notice of the election and a call for nominations will be made to all eligible staff no less than four weeks before the commencement of the voting period using the University's main communication channels to announce elections. In the case of the professional support services staff election to Council, the notice of election and call for nominations will be circulated in hardcopy to those support staff identified in the HR staff database as not being computer users (ie those who do not have an IT Services username/email address).

9.6.2 The notice will include a link to further details relating to the election on the University website and will invite nominations from those wishing to stand as candidates. In the case of the Senate election, the notice will also specify the number of elected members required to maintain equal balance across the three faculties.

9.6.3 The nomination period will last four weeks and those seeking to stand for election will be required to submit a downloadable nomination form by the final deadline given. The nomination form will require completion of a personal statement of no more than 300 words in support of the candidacy, seconded by one other person eligible to vote in the election. The supporting statement should be restricted to specifying why the candidate considers themselves suitable for election in the context of the role and remit of the body in question and the generic role description for its members as published on the University website.

9.6.4 Completed nomination forms must be submitted to the Returning Officer via email no later than midday on the final day of the published nomination period.

9.7 Voting period and campaign

9.7.1 Ahead of the voting period, candidates standing for election will be asked to confirm that they have read and understood the election regulations and will have an opportunity in the intervening period between the close of nominations and the start of voting to clarify any matters with the Returning Officer or Assistant Returning Officer.

9.7.2 The voting period shall last for four weeks to ensure that all members of the electorate have reasonable access and opportunity to vote by the required deadlines, no matter their location or contracted working hours.

9.7.3 On the start-date of the election period a list of the nominated candidates shall be circulated to all those entitled to vote using the University's main communication channels to announce elections. In the case of the support staff election to Council, the ballot paper will be circulated in hardcopy to those support staff identified in the HR staff database as not being computer users (ie do not have an IT Services user-name/email address). Eligible staff may vote for as many candidates as will be required to fill the forthcoming vacancies for members and, in the case of the Senate election, to maintain equal balance across the three faculties. Academic staff voting in the Senate election can vote for candidates from all three Faculties (i.e. not just their own Faculty).

9.7.4 If the number of candidates nominated for election is lower than or equal to the number of vacancies, no election will be required and those nominated shall be declared elected unopposed.

9.7.5 Candidates are not allowed to use the branding, identity or endorsement of any representative or membership group, society or body, including recognised trade unions, at any stage during the Senate or Council elections, or to state or imply that they are standing for election on behalf of any such group, society or body. The Returning Officer reserves the right to withdraw or amend of any election statements or other material during the course of the election which breaches the terms of this paragraph. Candidates are expected to act in a responsible, ethical and collegial way at all times during the election and are prohibited from making any explicit or implied references to other candidates as part of their campaigning which may reasonably be deemed to discredit or undermine the credibility of other candidates. Candidates are expected to ensure, as far as is reasonable, that any individuals or groups who are to be judged as supporting or representing them also abide by these principles.

9.7.6 In the course of the campaign candidates may choose to communicate with the electorate through reasonable and proportionate means and channels, including election statements, posters, flyers, email, personal (not University or departmental) social media accounts, and meetings in line with normal room-booking and events procedures, providing that these do not cause an obstruction/damage or breach health and safety, public order, freedom of speech or environmental regulations.

9.7.7 Any perceived or actual breaches of the election regulations by candidates, or those reasonably judged to be acting on a candidate's behalf during the voting and campaign period, should be brought to the attention of the Returning Officer sufficiently ahead of the conclusion of the election period. The Returning Officer will investigate and suspend the election process, should this be required, in order to satisfactorily resolve a potential or known breach of the regulations.

9.7.8 A breach of the election regulations may result in a sanction for a candidate, including direction to amend, modify or remove material used for campaigning purposes during the election period or in extreme cases disqualification from the election for wilful breaching of the regulations in a manner reasonably judged by the Returning Officer to undermine the integrity of the election process, including giving undue advantage to their own candidacy or undermining that of others. A disqualification decision would be made on the recommendation of the Returning Officer to the Vice-Chancellor and President.

9.8 Ballot procedure and count

9.8.1 The candidates for whom the greatest number of votes have been cast after the voting period has closed will be declared elected to fill the forthcoming vacancies up to the number specified in the original notice of election. If any two or more candidates receive an equal number of votes, the Vice-Chancellor as Chair of the Senate, or the Chair of Council will give such casting votes as may be necessary to decide who will become staff members of the Senate and the Council respectively.

9.8.2 Determining the outcome of the election will involve the downloading and checking by the Returning Officer of online data from the University's online voting system in combination with any physical ballot papers returned during the election.

9.9 Results

9.9.1 When the count has been concluded and an outcome determined, the results of an election will be declared by the Returning Officer using the University's main communication channels to report on elections, normally within two working days following the advertised voting deadline. Further University-wide announcements may also be used with the prior approval and clearance of the Internal Communications team, including the University website and/or the Staff Digest newsletter.

9.9.2 Any complaint that has not been resolved, or has been elevated to an appeal shall delay the declaration of the result until the complaint/appeal in question has been resolved (see Section 9.10 below).

9.9.3 Any casual vacancy occurring during the academic year shall automatically be filled by the person with the next highest number of votes after the members elected at the previous election, except that in the case of a vacancy arising on a date less than three months before the next election, the vacancy shall be filled at that election. If the previous second-placed candidate has left the University or no longer wishes to become a member, the vacancy shall be filled by the person with the next highest number of votes after that person. If no previous candidates wish to become a member, the casual vacancy will be filled at the next election.

9.10 Complaints

9.10.1 Complaints during the course of the election should be submitted to the Returning Officer and may fall into two categories:

(1) against a candidate or anyone reasonably judged to be representing or supporting a candidate;
(2) against the administration and good conduct of the election.

9.10.2 Evidence, including supporting statements and witness accounts, should be submitted to the Returning Officer with the complaint, which should specify clearly which aspect of the regulations have allegedly been breached.

9.10.3 In determining a resolution to a complaint, if the Returning Officer is satisfied that the complaint be upheld after hearing the evidence they may:

(1) suspend an election;
(2) recommend changes to the election process (including the timetable) or to the campaigning activities/material produced by candidates;
(3) in extreme circumstances, disqualify a candidate or candidates.

9.10.4 Complaints which are brought to light after the declaration of an election outcome will be considered by the Returning Officer in cases where there appears to be a serious and substantial basis for the integrity or good conduct of the election process to have been undermined. In exceptional circumstances, this may require the re-running of an election. In deciding whether an election should be re-run the Returning Officer will consider quantitative factors (e.g. the number of votes affected) as well as qualitative criteria (e.g. the effect on the outcome). As a general rule, for an election to be re-run the irregularities identified must be of a magnitude that affects the result and impossible to rectify by other means.

9.10.5 The ruling of the Returning Officer is final. However, there shall be a right of appeal by a complainant if they believe the Returning Officer has acted in an improper, biased or partisan manner (see Section 9.11 below).

9.11 Appeal

9.11.1 In the event that a complaint made under Section 10 is not upheld by the Returning Officer, there shall be a right of appeal as follows:

(1) to the Vice-Chancellor for appeals relating to elections to the Senate;
(2) to the Chair of Council for appeals relating to elections to the Council.

9.11.2 In the case of appeals to the Vice-Chancellor, a member of the University Executive Board will be appointed as soon as possible to review the appeal, ensuring that no conflicts of interest exist between the appointed reviewer and any of the candidates.

9.11.3 An appeal to the Chair of Council will be conducted by a designated nominee (other than the Returning Officer or Deputy Returning Officer).

9.11.4 The appeal will take account of relevant factors, including whether the Returning Officer's decision was:

(1) compliant with, or reasonable in, its interpretation of the election regulations;
(2) based on the full set of evidence submitted;
(3) fair, proper and impartial.

9.11.5 The decision of the Vice-Chancellor or Chair of Council, as appropriate for the appeal route, will be final.

9.12 Election and nomination of undergraduate and postgraduate student members to Senate

9.12.1 It is the responsibility of the Students' Union (YUSU) to ensure that one undergraduate student from each faculty is fairly elected each academic year. These faculty representatives will be elected by and from the students within each faculty. On completion of the electoral process the YUSU President (or nominated sabbatical officer or staff member) will inform the University Secretary of the names and contact details of the newly elected undergraduate faculty representatives.

9.12.2 It will be the responsibility of the Graduate Students' Association (GSA) to nominate one Postgraduate Research (PGR) and one Postgraduate Taught (PGT) student to serve on Senate each academic year. On completion of the nomination process the GSA President (or nominated sabbatical officer or staff member) will inform the University Secretary of the names and contact details of the two nominated postgraduate representatives for that academic year.

9.13 Resignation of elected members

9.13.1 Any elected member of the Council or the Senate may resign at any time in writing addressed to the University Secretary and the resulting vacancy shall be filled in accordance with these regulations.