Content Warning: The content of this message may be upsetting to read, so please take care and read only when you have the emotional capacity to do so.  

This post will cover the student members' vote on the motion on Palestinian Solidarity and Academic Freedom in March, what the SU can and cannot do, as well as next steps. 

We know that our members may be directly impacted by and affected by the issues discussed in the motion and may feel disappointed that some of the requests made in the motion cannot be implemented by the SU.  You can access RCA support services on the Support Hub.  

All forms of racism, antisemitism, islamophobia, discrimination, or abuse have no place in our community.  If you or someone you know has experienced or witnessed any form of hate or has a safeguarding concern, we would urge you to report this to the RCA Report and Support (anonymously if you like) or the Students’ Union Advice Officer, both of which have trained advisors ready to provide support. 

At the Students’ Union Assembly on 20 March 2024, a motion on Palestinian Solidarity and Academic Freedom was passed with a majority. 

Between March and June, the Students' Union has held various discussions around the motion, and convened a Board Working Group.   

On 26 June 2024, the Board of Trustees of the SU noted (as a majority) that the motion was adopted as a “corporate conclusion” of RCASU’s students, and agreed to communicate it to RCA. 

However, they voted to override the effect of that motion on the basis that it cannot, in the Trustees’ view, be lawfully implemented in its current form. This decision was made due to concerns that implementing some parts of the motion could have put the SU in breach of charity law (and resulted in regulatory action against the SU by the Charity Commission).   

The Trustees did not take this decision lightly. A working group was set up to support the Trustees in considering the legality and risks of implementing the motion and detailed legal advice was commissioned from specialist charity lawyers. Following a thorough review, concerns still remained that there was significant risk to the SU if the motion was implemented. The SU has been meeting with the proposers of the motion and student groups related to the motion. We also met with the NUS, other Students' Union and have worked with legal partners. We will be setting up a new working group to talk through the issues raised in the motion and to discuss any follow-up steps the trustees may consider implementing separately.  

Please see the FAQs below for more information. 

Will the SU still implement the parts of the motion that don’t risk breaching charity law?

As the motion currently stands, we cannot implement the motion, however the RCASU will continue to work with the proposer and seconder of the motion and the RCASU affiliated Palestine Society to ensure that their views continue to be heard. The intention is to set up a working group with them, to discuss the different proposals in the motion. These particular issues will then be taken back to the Board of Trustees, so that they can decide whether to separately take steps to address them. We will keep you updated on these discussions and any follow-up steps that are agreed.

Why does the Board of Trustees have a power to override motions? 

The SU is a democratic organisation, which means that the Student Members play an important and valued role in the SU’s decision-making.  Part of this role is the Student Members’ right to debate and vote on policy, which is adopted as the policy of the SU.  

The SU is also an educational charity, which means that it must only take steps which further its (educational) purposes; and must comply with charity law. It is also expected to follow the guidance of the Charity Commission which regulates charities.  The Trustees of the SU also have specific legal duties that they must personally comply with, including a duty to make sure that the SU complies with the law.  

This means that the Trustees and the SU cannot implement policy adopted by the Student Members if this would breach the law.  For this reason, the SU’s Constitution (which is based on NUS Charity’s Model Constitution for Students’ Unions) gives the Board of Trustees a power to override policy which “the Trustees consider (in their absolute discretion)… is or may be in breach of, contrary to or otherwise inconsistent with charity or education law or any other legal requirements (including ultra vires)” (clause 31.3.2).

Why did the trustees decide that they had to override the effect of this motion? 

In law, the SU’s resources can only be used to further education. 

The law defines what “education” means in an SU context. It is considered that it includes taking action which affects students of RCA in their capacity as students.  This includes (for example) enhancing students’ education, welfare and overall experience at RCA, offering support and guidance on matters that affect their education, organising recreational activities related to their education, and fostering platforms for constructive dialogue and educational growth among students.  But because of legal restrictions on charities carrying out any activities with a political element, the SU has to be particularly careful with any activities that could be seen as an attempt to influence law and public policy (in any part of the world).  

Having taken legal advice, the Trustees are concerned that parts of the motion ask the SU to use its resources on issues that would not be regarded, in law, as affecting ‘students as students’.  This means that there is a significant legal and regulatory risk to the SU if it uses its resources to implement the motion.  

Does this mean the Board of Trustees does not agree with the issues raised in the motion?

No, the decision to override the effect of the motion is not a reflection on the Trustees’ personal views on the subject of the motion  The decision was taken solely on the basis of the trustees’ understanding of their legal duties and the educational purposes of the Union.

What is a ‘students as students’ issue and what isn’t?  

NUS commissioned an opinion from barristers in 2016 which explained the difference.  The types of issues that the barristers identified as ‘students as students’ issues were street lighting near the campus, more public transport to the educational institution at night, nursery places for the children of students and the imposition of tuition fees or other national issues affecting students as students.  The types of issues that the barrister identified as not ‘students as students’ issues were industrial disputes in other sectors, general environmental matters, the treatment of political prisoners in a foreign country and the Middle East peace process.  The trustees will continue to keep the law and legal analysis under review.

Doesn’t the passing of a democratic policy prove this is an issue that affects students as students? 

We completely appreciate that the issues covered in the motion will be personally very important and significant to many of our students, for a range of different reasons. The trustees carefully considered the position and the Union’s charitable purposes. Based on current interpretation and understanding of the law, it was considered that it was appropriate to override the effect of the motion. This does not mean that the SU doesn’t recognise the significance of these issues to its students on a personal level, it is simply a reflection of the legal restrictions that the SU must operate within.

Does this mean we can never discuss or pass motions about political issues?

No, this is not the case.  The SU is allowed to form a ‘corporate conclusion’ (a view set and shared by Student Members) on any topic.  The SU is also allowed to share this corporate conclusion with the student body and inform the RCA of the outcome (for this reason, the motion has been shared with students and with the RCA).  In addition, the SU can facilitate debates amongst students on political issues, including those relating to the policies of other countries and the types of issues covered in the motion.  The reason there are difficulties with this motion is because it goes further than just reaching a corporate conclusion – it also calls on the SU to use its resources implementing the motion on issues that go beyond those considered to be ‘students as students’ issues. 

How does this affect SU societies that carry out campaigning?

The SU is dedicated to supporting student groups and societies which have political objectives (subject to charity law) and they are free to access the full range of SU support to further their campaigning activity.  There is some helpful guidance available from the NUS here which sets out the types of campaigning activity that the SU can (and cannot) support.

How can we make sure that the effect of future motions are not overridden?

It is very important to us that students have confidence in how to use the democratic processes available to them in a way that achieves the best possible outcomes.  We have identified through this process that students would benefit from the provision of greater support, training and reference materials.  These would explain the restrictions faced by the trustees in the use of the SU’s funds for particular causes, and provide helpful hints and tips as to how the wording of motions can be tailored, to help avoid some of the legal challenges experienced this time.  We want to make sure that students are equipped with all the knowledge and information they need in future to put forward an effective motion and we will update you on progress with these as soon as possible.

Does the SU have to be a charity? 

Most SUs are charitable, which carries a number of advantages. The funding received by the Union is received on the basis that it is applied for charitable educational purposes; and the current assets held by the SU would in any event be held for charitable purposes if it ceased to be a charity. 

Even if it was not a charity, it would still have educational purposes in its constitution and the trustees would still need to apply its resources solely for those purposes. 

Where can I go for support?

We know that our members may be directly impacted by and affected by the issues discussed in the motion and may feel disappointed that some of the requests made in the motion cannot be implemented by the SU.  You can access RCA support services on the Support Hub.  

All forms of racism, antisemitism, islamophobia, discrimination, or abuse have no place in our community.  If you or someone you know has experienced or witnessed any form of hate or has a safeguarding concern, we would urge you to report this to the RCA Report and Support (anonymously if you like) or the Students’ Union Advice Officer, both of which have trained advisors ready to provide support.