The Guarantees Tribunal in the Statutes

Article 143

The Guarantees Tribunal is commissioned by the University Senate to defend rights of members of the university community. It can, to that end, supervise activities of the university administration and report the same to the Senate. It shall exercise functions entrusted to it by these Statutes and the operating provisions.

Article 144

The Guarantees Tribunal shall have the power to admit any complaint or claim presented to it, wherein default of legality or any other damage of legitimate interest of the claimant/ complainant in his/her relations with the University of Vigo is stated, even though there may not have been a legal offence.

Article 145

  1. The Guarantees Tribunal, which is elected by the university Senate from amongst members of the university community, shall be comprised of nine members:
    • a) The university ombudsman shall preside over it and will be elected by the complete Senate.
    • b) Two members elected by representatives of the PhD civil servant teaching staff.
    • c) Two members elected by the representatives of the remaining teaching and research staff.
    • d) Two members elected by students representatives.
    • e) Two members elected by representatives of administrative & services staff.
  2. All members shall be elected by a two thirds majority vote amongst those present from the corresponding sectors, and in the case of the university ombudsman, such two thirds majority shall be amongst senate members who attend the session.
  3. Members of the Guarantees Tribunal shall not be subject to any external allegiance.
  4. Rules approved by the Senate shall dictate operations of the Tribunal, its material means and term, which shall not exceed a period of four years. The decisions of the Guarantees Tribunal shall be adopted by a majority vote amongst those attending the sessions and the presidents’ casting vote shall resolve any tie in votes.
  5. The university ombudsman shall provide an annual report to the Senate on the activities carried out by the Guarantees Tribunal.

Article 146

Members of the Guarantees Tribunal may cease to be a member for any of the following reasons:

  • a) At their own behest.
  • b) Upon expiry of term of office.
  • c) Due to relevant legal causes.
  • d) Due to loss of the necessary condition to be elected.
  • e) Due to revocation of all members of the Guarantee Tribunal, when the Senate so decides through an absolute majority vote.

Article 147

The Guarantees Tribunal, in the exercise of its duties, may:

  • a) Demand out of its own initiative or through petition from the interested party, any information that it may consider fit for fulfilling its objectives.
  • b) Send reports to the Senate and whenever pertinent, propose repercussion of estimated damages.
  • c) Handle, before the competent bodies, any correction of operating defects observed.
  • d) Demand compensation of the opportune legitimate interest from the competent university body.
  • e) Propose a censorship vote to the Senate against any individual body, who, despite demands, does not modify his/her legally unsound behaviour. Regulamento do Tribunal de Garantías

Chapter I: General provisions

Article 1

The Guarantees Tribunal is commissioned by the University Senate to defend the rights of members of the university community, and its fundamental purpose is to contribute to proper functioning of the University of Vigo. In order to exercise its functions, it shall be bound, by the general applicable legislation, by any specific provisions contained within the University of Vigo Statutes, and by the Regulations of the Senate and furthermore by the rules herein.

Chapter II: Competences and guarantees for exercising position

Article 2

Members of the tribunal shall not be subject to any external allegiance of any university authority nor will they receive instructions from any authority or governing body. No disciplinary action or sanction shall be applicable to any of its members for giving their opinion or for actions they perform during the exercise of their legitimate functions.

Article 3

The Tribunal, in the exercise of its functions, shall make suggestions, proposals or recommendations to the heads of the University's services, to the top management of the University and to the person/s involved, about the measures that need to be adopted in order to eliminate deficiencies or problems, and it shall likewise try to bring together the position of the parties to the conflict.

Article 4

Membership of the Guarantees Tribunal is incompatible with any other individual position as part of the University government.

Article 5

All Governing bodies and all members of the university community have the duty to collaborate with the Tribunal in the exercise of its functions, which for such effect shall be considered as an authority, and there can be no denial of access to any files or documentation related to the objective of the investigation, without prejudice to respect of rights and freedom of persons. The Tribunal shall guarantee maximum discretion in its actions.

Article 6

The Guarantees Tribunal may delegate powers to its president in order to carry out issues that they may deem proper, and the president shall then, in ordinary sessions, report to the Tribunal on all matters dealt with.

Chapter III: Procedures for mediation and conciliation actions

Article 7

  • 7.1. Any mediation petition shall be put forth in writing to the Guarantees Tribunal, where reason and scope of the matter will be clearly explained together with the names of the petitioner/s or university group that they represent.
  • 7.2. The president of the Guarantee Tribunal shall notify all sectors involved with the written petition within seven days of receipt of mediation request and shall draft a written reply to the same, expressly detailing whether or not the petition is accepted.
  • 7.3. If no negative reply is received from the Guarantee Tribunal within fifteen days after despatch of the written request, then such petition shall be construed as accepted.

Article 8

When all parties involved accept their mediation, the Guarantees Tribunal shall begin any investigation or action that could lead to a solution to the disagreement or confrontation produced between the different sectors of the university community.

Article 9

  • 9.1. The president of the Guarantees Tribunal shall send in a written communication to the sectors involved, who shall have a maximum of fifteen days to reply to the communication with their arguments and supporting documents.
  • 9.2. Upon expiry of validity period, the president of the Guarantees Tribunal shall convene the involved sectors for a meeting wherein he/she shall try to reconcile the parties, inform and reason about the allegations presented and propose transaction formulae to solve the controversial issues.
  • 9.3. Any conclusions and agreements arising from the conciliation session shall be drafted into the minutes of the meeting, which shall be signed by the Guarantees Tribunal and the sectors involved, and it shall be binding on all parties.

Chapter IV: Procedures for processing complaints and claims

Article 10

The actions of the Tribunal could start either out of its own initiative, on whatever university issue it considers fit, or through petition from an interested party. Complaints made by both individuals and groups shall be in writing within a maximum period of two months from knowledge of facts that resulted in putting in a request for intervention.

Article 11

Any complaints or claims shall be addressed to the president of the Tribunal and must be presented at the pertinent registry, which shall be set up on the premises of the Tribunal or in any of the registries of the University of Vigo. These shall contain any prior steps taken before the university administration, and any documentation needed to process complaint or claim shall likewise be handed in. They shall also contain personal data, signature and ID number and address for notification of the interested party/ parties.

Article 12

  • 12.1. The Guarantees Tribunal shall, within a maximum period of 15 days, reply stating whether or not the claim/ complaint is upheld. All complaints/ claims made anonymously, those without any fundament (after seeking report from legal consultancy services), those that have already been subject to legal authorities and those that are pending administrative sanction, shall be rejected. In any case, interested party/parties shall be notified of any inadmissibility motives. The above shall not prevent any investigation to be carried out on the general problem that gave rise to the complaint.
  • 12.2. Whenever actions carried out were a result of a complaint of abuse, arbitrariness, discrimination, error, negligence or omission by a member of the university community or of a collegial body, then the Tribunal shall present a report to the Vice-Chancellor so that he/she can take the necessary measures to put right such wrong.
  • 12.3. The Guarantees Tribunal shall communicate any positive or negative recommendations to the pertinent academic bodies, and request their acceptance or dismissal of such recommendation within 15 days of receipt of the same.

Chapter V: Appointments and terminations

Article 13

The Tribunal shall be convened by its president at least 72 hours before any meeting and may give even shorter notice if there were urgent reasons for justifying the same.

Article 14

The Tribunal shall be established with the presence of absolute majority of its members and the president and the secretary or their proxies shall always be present during meetings.
Decisions of the said body shall be adopted through a majority vote from members present at the meeting and the casting vote of the president shall be used to decide in case of any tie in votes.
 

Article 15

The Tribunal shall appoint a Vice-president and a secretary from amongst its members.

Article 16

Members of the Tribunal shall be elected for a period of four years, save for student representatives, who shall be elected for a two year term. In both cases, there can only be one consecutive re-election of members to the Tribunal.

Article 17

Should any member of the Tribunal ceased to be a member prior to expiry of his/her term of office, then such vacancy shall be filled by the Senate as soon as possible through a new election held as established in the Statutes.

Chapter VI: Institutional support for exercising position

Article 18

The Guarantees Tribunal shall have its office at a place which is different from that where the Vice-Chancellor's team has its offices. A registry shall be established in the Tribunal’s office for presenting complaints and claims. In any case, such office shall not be located in any centre or department.

Article 19

The University should provide the Guarantees Tribunal with administrative and material support so that it can carry out its duties properly.

Article 20

The necessary economic budget for operations of the Tribunal shall be included within the budget of the University of Vigo.

Article 21

The position of president of the Guarantees Tribunal shall be comparable for economic, protocol and teaching duty exemption purposes with that of the Deputy Vice-Chancellors.

Chapter VII: Final provisions

Article 22

Decisions and proposals of the Tribunal are final and cannot be appealed.

Article 23

The initiative for reforming the present regulations shall need a majority vote of the members of the Guarantees Tribunal or that of the Governing Body or that of the Senate. Approval of the same shall correspond to the Senate.

Article 24

This regulation shall come into effect on the day after it is approved by the Senate and all rules that oppose the present regulation shall become repealed.

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