COC Enforcement Mechanism
The NSUI Code of Conduct sets out the values and standards that should guide the conduct of members and office bearers of National Students Union of India. To ensure compliance with these values and standards, the Enforcement Mechanism given below shall be followed to deal with all kinds of disciplinary matters.
Disciplinary proceedings and actions should be guided by the principle of natural justice and fairness.
Section 1: Disciplinary structure
SECTION 2: Disciplinary Proceedings
2.1 Filing of Complaint:
2.1.1 All complaints have to be filed with the respective disciplinary committees according to their jurisdiction as mentioned in SECTION 1 above. Any complaint will have to clearly mention the alleged violation of code of conduct and should be furnished with documentary proofs etc. The complainant shall have to provide his/her complete name, address and phone number.
2.1.2 A Disciplinary Committee can take suo-moto cognizance of any violation of code of conduct by any member or office bearer under its jurisdiction and initiate disciplinary proceedings.
2.2. Show-cause Notice: The Chairman of the disciplinary committee shall register the complaint and issue a written notice to the member/office bearer against whom the complaint is made. It would be mandatory for the Member/Office Bearer to file the reply within 7 days from the date of receipt of notice.
2.3 Conducting Enquiry/Investigation: In case the Disciplinary Committee does not find the reply of show cause notice satisfactory or the reply of the show cause is not produced in stipulated time, the Disciplinary Committee will proceed further by conducting an enquiry/investigation in the matter and the accused member/office bearer shall be given an opportunity of being heard.
2.4 Decision of Disciplinary Committee: Disciplinary Committee shall pronounce final decision within six weeks from the date of issuing show cause notice.
2.5 RIGHT TO APPEAL
2.5.1 Any member or office bearer aggrieved from decision of Disciplinary Committee shall have the right to appeal against the decision within 15 days from the date of dispatch of the decision to him/her.
2.5.2 The appeal must be decided within 30days from the date of filing.
2.6 Record of Disciplinary Action: It shall be the responsibility of the respective Disciplinary Committee to communicate any disciplinary proceedings initiated or disciplinary action taken against any member or office bearer to the authority designated by the NSUI President for maintaining record of the same.
SECTION 3: PUNISHMENTS
Keeping in view the guiding principle, any of the following punishments can be given to a delinquent member or office bearer:
3.1 Warning: An official written expression of strong disapproval, rejection or condemnation of the act of indiscipline can be issued with a warning.
3.2 Performance of organizational tasks or community service: A delinquent member or office bearer may be required to perform certain organizational tasks or community work for a period of maximum 3 months to reform him/herself.
3.3 Temporary Debarment from Functional/Territorial Role: An office bearer can be temporarily debarred for a period maximum three months from functional or territorial role to reinforce the sense of duty and shared responsibility in the organization.
3.4 Forfeitures of Membership Rights: Membership rights can be forfeited in case of serious violation of discipline/code of conduct.
3.5 Suspension from Post: Suspension from a post can be done in cases where immediate action is required pending enquiry in the interest of the organization.
3.6 Expulsion: Expulsion is the highest degree of punishment, which can be given in the cases where the disciplinary authority finds that the delinquent member or office bearer must not be retained in the organization or he/she has caused irreparable loss/damage to the NSUI or parent party. Expulsion can be done with or without disqualification for contesting future organizational elections.
3.7 Any member or office bearer of NSUI who has been expelled from the organization shall not be eligible for the membership or office of any frontal organization of the party or the parent party itself. To ensure this copy of such order shall be sent to the heads of respective state and national heads of the frontal organizations and parent party with immediate effect.
3.8 In a case where the disciplinary authority finds that the punishment of expulsion is required to be given to a delinquent member/office bearer then instead of pronouncing the decision the case with findings shall be referred to the competent authority for expulsion as mentioned in clause 2.2 above. The competent authority may take additional evidences if required or personally hear the accused. The competent authority shall decide the case and may give the punishment of expulsion or remand the case back to the disciplinary authority for lesser punishment than expulsion.
3.9 The severity of the punishment must be based on the seriousness of the actual act and the damage caused to the organization. The frequency of violations or misconduct by an individual member or office bearer would further increase the severity of the punishment.