Memorandum of Understanding Federation of Students Societies Agreement

The Federation of Students, University of Waterloo herein referred to as the “Federation" and the Undergraduate Student Societies herein referred to as "Societies” enjoy a rich tradition of supporting and advocating for undergraduate students at the University of Waterloo. The Federation, and its constituent Societies, exist to empower, represent and serve all of the University’s full-time undergraduate students. It is with the best interests of all of these stakeholders that the Societies and the Federation undertake the following memorandum of understanding; in order to better establish a relationship that can continue to be increasingly more fruitful and beneficial to all undergraduate students.

Whenever the expression day or days or weeks is used in this Agreement, unless it is stated to be a business day or business week, Saturdays, Sundays, and Statutory Holidays are included in counting the days or weeks. In the event that the expression business day or business week is used, Saturdays, Sundays or Statutory Holidays are excluded.

This memorandum of understanding made the 11th day of April, 2016 between the Federation of Students and the Societies referred to below:

  1. Applied Health Sciences Undergraduate Members
  2. Arts Student Union
  3. Environment Students Society
  4. Mathematics Society
  5. Waterloo Engineering Society A
  6. Waterloo Engineering Society B
  7. Science Society
  8. Waterloo Architecture Students’ Association
  9. Society of Pharmacy Students
  10. University of Waterloo Optometry Students' Society

Whereas the Federation is the sole legal representative of undergraduates of the University of Waterloo, and

Whereas the Federation and the Societies recognize the existence of the Societies under the auspices of the Federation as entities having independent financing and sponsoring activities for the benefit of their particular constituencies, and being responsible to said constituencies, and

Whereas the unique nature of the relationship between the Federation and the Societies requires set parameters for governance, communication and coordination

It is agreed between the parties as follows:

  1. Committee of Presidents
    1. The committee of Presidents exists as a formally constituted committee in the Federation’s Board Procedures.
    2. All members of the Committee of Presidents must be active undergraduate students at the University of Waterloo enrolled in the faculty or school of their respective constituency
    3. The Committee of Presidents shall meet at least once per term to be scheduled by the Federation’s Vice President Internal
    4. The Federation's Vice President Internal shall be responsible for setting the agenda for each meeting and putting out a call for agenda items
    5. A review of the Societies Agreement shall be on the agenda every three years
  2. Finances
    1. General
      1. The Societies shall abide by the Canada Revenue Agency’s not—for profit guidelines, the statute under which the Federation is incorporated, and Canadian Generally Accepted Accounting Principles.
      2. The Federation shall review all finances of the Societies on a termly basis to ensure the Societies are falling within these requirements.
      3. The Federation reserves the right to withhold Society funds at the discretion of the Federation's Board of Directors if the requirements outlined in this document are not met.
      4. Societies, and all clubs funded by the society, may keep reserve funding in their net assets to a maximum of one term's worth of fees (adjusted for any applicable changes to enrollment and fee amount). Societies shall not exceed this amount without approval from the Federation’s Vice President Operations & Finance.
    2. Student Fees
      1. The Society fee shall be an amount determined by each Society subject to approval from their constituents through a formal referendum procedure or as otherwise defined in the Society’s constitution
      2. The Federation shall petition the University’s Board of Governors on behalf of a Society if it wishes to adjust the amount collected per student.
      3. The Federation shall turn over 40 percent of the anticipated Societies student fees for the term to the appropriate Society within 10 business days of receiving the budget package for the term as outlined below. This amount will be based on the actual enrollment figures as provided by the University of Waterloo and may be back-adjusted as necessary.
      4. The remaining 60 percent of the fees shall be turned over as soon as possible to a maximum of 10 business days of the Federation receiving the Society’s funds from the University of Waterloo and the approval of the Budget Package by the Federation’s Vice President Operations and Finance.
    3. Budget package
      1. Each Society shall submit a budget package within 30 days of the beginning of term to the Federation’s Vice President Operations & Finance. The budget package shall be approved as per the Society’s constitution and include the following items for all Society funds:
        1. Budget for the upcoming term
        2. Most recent bank statement
        3. Income statement and comparison of budgets to actuals for the prior term
      2. An extension may be permitted through consultation with the Federation’s Vice President Operations & Finance.
      3. If the Federation’s Vice President Operations & Finance does not receive a complete and accurate budget package as outlined in this section, the Federation may withhold the second installment fees from the Society until the necessary documentation has been provided.
      4. The Federation shall notify the Society within 15 business days of receiving the budget package of any deficiencies within the budget package
    4. Audits
      1. All Societies shall be part of the Federation‘s annual general audit
      2. The Federation’s Board of Directors shall approve individual Societies for in-depth audit every year and shall notify the Societies to be audited 30 days before the arrival of the auditors.
      3. Additionally, the Federation's Board of Directors reserves the tight to investigate, or have an external auditor investigate, the Societies' finances, having provided at least fourteen days’ notice to the respective Society.
      4. Bach Society shall comply with the Federation’s Board of Directors’ direction regarding recommendations coming from such an audit.
    5. Collapse
      1. A collapse of a Society shall be determined as defined by the Society’s constitution.
      2. In the case of the potential collapse of a society that represents students in an accredited program, the Federation shall consult with the Dean or Director of the applicable program or faculty.
        1.  
        2. The focus of the consultation shall be to discuss potential implications to the accreditation of the program
      3. In the event of a collapse of a Society, the Committee of Presidents shall inform the Federation’s Board of Directors.
      4. In the event of a collapse the Federation’s Board of Directors shall have the sole discretion to review the Society and shall request the withholding of funds collected and the reversion of funds at the Society’s disposal to a fund separate from the Federation’s general account.
      5. The seized funds shall be kept in reserve pending reconstitution of the Society or the creation of a new Student society serving the same constituents.
      6. If the Society remains collapsed and if a new Society is not created by the following term, the Federation’s Board may allocate seized funds to support activities for the students of the constituency with direction from the following groups:
        1. The Dean or Director of the program or faculty
        2. Students’ Council of the Federation
      7. In the event of a collapse, the Society student fee shall be discontinued pending reconstitution of the Society
      8. The Federation’s Board of Directors shall review at the beginning of every following academic term, or upon receipt of a request from the previous Society President whether said Society has been reconstituted.
  3. Withholding of Fees
    1. The Federation may withhold fees from a Society, for the reasons specified in this document, subject to two—thirds vote of the Federation’s Board of Directors. The respective Society President will be invited to the Federation’s Board of Directors meeting in which the vote is on the agenda to present their case and shall be given at least seven days’ notice.
    2. If a Society’s fees are withheld, the Federation’s Board of Directors shall review the decision at least once per month, with new information, or at the request of the Society President until the withholding of the fee has been terminated. To present their case, the Society President will be invited to the Federation’s Board of Directors meeting when the decision is reviewed and shall be given' at least seven days’ notice.
    3. When fees are withheld, the Federation shall use the withheld fee to continue to pay the wages of any full time or part time staff employed by the Society. If the fees of the Society are withheld for more than one term, the Board shall approve the wage payment every term for all subsequent terms the fee is withheld.
  4. Society Events and Services
    1. Liability
      1. Recognizing the necessity of protecting individual officers of the individual Societies and the Societies themselves the Federation shall arrange for coverage for all Society activities under Its liability insurance policy to the extent that coverage is available at a reasonable cost.
      2. If the Federation incurs a debt or obligation as result of a Society activity, the Society shall make an agreement to repay the full amount within a timeline approved by the Federation’s Board of Directors.
    2. Events
      1. Societies shall submit event forms to the Federation's Vice President Internal and Campus Life Director for approval prior to all official events and those of any affiliated clubs or student groups recognized by the Society.
      2. The Federation shall not approve events that violate Federal, Provincial, and/or Municipal laws, and/or the policies, procedures, by—laws, or other rules of the University of Waterloo or the Federation.
      3. The Federation shall distribute all event booking rules and procedures to the Societies at the beginning of the term.
      4. The Vice President Internal or the Director of Campus Life shall notify the respective Society President within three business days of receiving the event form regarding any concerns.
      5. A Society may appeal the decision by submitting a formal memo to the Vice President Internal. The Federation shall deliberate and respond within four business days of the appeal submission.
      6. Event forms that are submitted less than 14 days prior to the event waive the right to appeal any decision made by the Vice President Internal or Campus Life Director
      7. In the event that a Society runs an event that has not been approved, the Vice-President internal shall issue a written warning to the Society
      8. Failure to comply with the warning will result in a withholding of a portion of the Society fees, up to a maximum of 30%, at the discretion of the Federation’s Board of Directors
      9. Subsequent failures to receive event approval on a continual basis may result in the withholding of the Society fee for that term at the discretion of the Federation’s Board of Directors.
      10. Should a Society’s fees be withheld for failure to receive approval for events, the Society must submit a list of all subsequently intended events for the remainder of the term, as well as a list of intended events for the Society’s next active term.
      11. Once this list has been received, the Federation shall review it and provide comments within one business week.
      12. Upon approval of this list, events listed within it will be reinstated.
      13. No events outside of the list provided and approved will be permitted
      14. Should a decision to withhold a Society fee be made later in a term after all of the fees for that term have already been transferred to the Society, a portion of the following term's fees, up to a maximum of 30% will be withheld, at the discretion of the Federation’s Board of Directors
      15. The Federation shall release all the withheld fee by the last day of classes of the term that follows the term in which the fee was withheld, provided the Society complies with event approval procedure for the entire term. If the Society has not complied by the first Monday of the last month of classes a formal memo will be issued by the Vice President Internal outfitting the steps the Society must take to comply with the policy.
  1. Society Responsibility:
    1. Societies must abide by all policies, procedures, bylaws, or other rules of the University of Waterloo. Violation of any university policy may result in a written warning from the Vice President Internal. Repeat violations shall be addressed by the Federation’s Board of Directors with consultation from the Dean of the respective Faculty.
    2. Any Society Executive found to be committing any illegal act on behalf of the Society may be cause for fees to be withheld, at the discretion of the Federation’s Board of Directors, until said issue is resolved and/or the Executive is removed from their position.
    3. The Society Executives shall be responsible for overseeing any part time or full time staff employed by the Society except in cases where the Society’s constitution requires staff to report to a faculty or to the Federation.
  1. External Relationships
    1. The Federation is responsible for representing the entire student body. Societies will not become involved with representing the entire student body to any internal or external organization unless it has first sought and obtained approval in writing from the Federation.
    2. The approval outlined above does not preclude Societies from representing the interests of their specific constituents on university—wide bodies, but applies specifically to circumstances where the representation is to be on behalf of students at large.
    3. Each Society is responsible for representing solely their constituency of undergraduate students.
    4. In cases where the Federation is required to speak on behalf of a Society’s constituency, the Federation shall make every effort to consult with the Society before doing so.
      1. In cases where prior approval is not possible the Federation shall notify the Society immediately after making the statement.
    5. The approval outlined in this section may be withdrawn at any time
  1. Agreement review and awareness
    1. This agreement must be reviewed by the Federation’s Board of Directors and the Committee of Presidents at a minimum every three years
    2. The Federation’s Executive and outgoing Society Executives shall proactively work towards ensuring that incoming Society Executives and Federation Executives are aware of the existence of the Societies Agreement.
    3. Any amendments shall require a unanimous approval of all members of the Committee of Presidents within 5 business days of being notified of a proposed amendment. The amendment will be subject to approval by the Federation's Board of Directors
      1. The Federation's Vice President Internal shall be responsible for notifying all members of the Committee of Presidents, within a reasonable time period, if any member proposes an amendment.
  1. Termination
    1. This agreement can be terminated by a unanimous decision by the Committee of Presidents, subject to approval by the Federation’s Board of Directors.
    2. If an Executive or a staff member of the Federation is found to be in breach of any responsibility outlined in this document, a member of the Committee of Presidents may allege a breach to the Chair of the Federation‘s Board of Directors. The Federation’s Board of Directors may then take steps, which may include but are not limited to tasking the Federation's Executive, to ensure the breach is resolved.

We, the undersigned, hereby agree to the terms and conditions listed and provide our signature on behalf of our representative societies in witness thereof:

Signature President, Applied Health Sciences Undergraduate Members  Signature President, University of Waterloo Optometry Students' Society

Signature President, Engineering Society "A”  Signature Chair, Waterloo Architecture students Associate

Signature President, Engineering Society "B”  Signature Maaz Yasin - Vice President internal, Federation of Student

Signature President, Mathematics Society    Signature Carly McCready – Vice President Operations and Finance, Federation of Students

Signature President, Environment Students Society  Signature Chris Lolas – President, Federation of Students

Signature Brandon Rad - President, Arts Student Union

Signature Luc Charlebois – President, Society of Pharmacy Students

Signature President, Science Society