
Q. Our SU elections are held during the week of the walkout - what can we do?
A. Many students’ unions whose elections fall during the week of action and walkout are worried that students will stay away from campus and will not vote in students’ union elections. In fact, your elections coinciding with the week of action is a huge opportunity to both increase voter turnout, and involve more students in the Come Clean campaign.
To ensure that students participate in the action and still exercise their democratic rights in SU elections you can:
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Declare 14 March an official campaigning day and strongly encourage all candidates to get out and campaign – both for themselves and Come Clean.
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Encourage questions about the Come Clean campaign at candidates’ hustings
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Ensure that students have the opportunity to vote in their halls of residence on 14 March
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Ensure there are plenty of ballot boxes and staff to cope with the influx of students in the students’ union
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Consider extending the voting period for an extra day
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Ensure all candidates are aware of the walkout and encourage them to inform voters of the importance of the action as well as the need to vote.
Q. Our SU is in college buildings - how can it be the campaign headquarters?
A. If you’re concerned that the SU isn’t big enough to allow students to use it as a campaign headquarters, or you’re worried that because it’s in university/college buildings they may be tempted to go to lectures, you could:
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Ask for permission to use a larger space within the institution
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Identify and get permission to use a venue near the institution as the campaign HQ, e.g. a local community hall.
Q. What are the legal implications of picketing?
A. In order to be effective on the day of the walkout you need to be aware of certain facts of law. We would encourage SUs to organise groups of students to peacefully explain the reasons for the walkout. However there are limits to this:
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Students should not attempt to physically prevent entry to buildings or rooms. Any physical restraint is likely to lead to, or itself constitute, a breach of the peace or a public order offence. Physically blocking access is also likely to constitute a civil wrong for which participants could be sued in the civil courts.
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Students should not try and stop lecturers and other institutional staff entering buildings, and lecture halls, even by non-physical means. If they did, they would be inducing them to breach their employment contracts, which is a civil wrong. Industrial relations law grants immunity to certain participants in lawful industrial action from being sued in the civil courts. However, this immunity only extends to employees (at the place being picketed) and their trade union representatives.
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Participating students should not carry offensive weapons.
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Participants should not use threatening, abusive or insulting words or behaviour which are likely to provide a breach of the peace. The Public Order Act 1986 s5 makes it a criminal offence to use `threatening, abusive or insulting words or behaviour or disorderly behaviour’ or to display `any writing, sign or other visible representation which is threatening or abusive or insulting’ where someone present is `likely to be caused harassment, alarm or distress thereby’. However, if the words or behaviour are reasonable in the circumstances then they will be acceptable. On the whole, as long as participants stick to political statements rather than personal abuse, they should not fall foul of the Act.
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It is unlikely the police would feel the need to get involved, but if they did then it is an offence to obstruct a police officer in the course of his/her duty.
Any further questions please contact campaigns@nus.org.uk