Add safeguard rules

Author: Laurin-Notemann

statute/README.md

@@ -10,10 +10,11 @@ This repository shall serve as the interface for discussions around future amend
 Therefore, Amendments to the Statute can be directly suggested via this platform. Follow the Contributing Guidelines further below to start partcipating here or learn about alternative ways to suggest changes.
 
 ## Latest Version
-* **[v1.3 (Latest)](statute.md)**
+* **[v1.4 (Latest)](statute.md)**
 
 
 ## Archive
+* [v1.3](archive/v1.3.md)
 * [v1.2](archive/v1.2.md)
 * [v1.1](archive/v1.1.md)
 * [v1.0 (Initial)](archive/v1.0.md)

statute/archive/v1.3.md

@@ -144,7 +144,7 @@ Each ballot for Academic Senate and Study Program Council includes both a main s
 (1) The Student General Assembly elects representatives for the Student Council.
 
 (2) Student representatives to the Academic Senate and to the Study Program Councils are elected in accordance with the University's Election Regulations (one student seat and one deputy per study program in each body). All candidates for Student Council portfolios are automatically nominated for these elections in their respective study programs. The Student General Assembly may host candidate statements and Q&A.
-Additional nominations from each study program remain open under the University's Election Regulations. Candidates may opt out of being listed on AS/SPC ballots.
+Additional nominations from each study program remain open under the University’s Election Regulations. Candidates may opt out of being listed on AS/SPC ballots.
 
 (3) The Student General Assembly meets at
 
@@ -173,7 +173,7 @@ The Student General Assembly shall adopt its own rules of procedure.
 
 (2) If the Student General Assembly is convened again after an absence of a quorum to deal with the same matter, it shall in any case be quorate if this is indicated in the invitation.
 
-(3) "Present" includes both physical and online presence, e.g. participation in person or via an online voting/attendance system.
+(3) “Present” includes both physical and online presence, e.g. participation in person or via an online voting/attendance system.
 
 
 # III Student Council
@@ -253,5 +253,4 @@ The Student Council meets on
 
 (1) The Student Council makes decisions according to the principles of majority voting.
 
-(2) In the situation of a tie the vote goes in favour of the chairperson.
-
+(2) In the situation of a tie the vote goes in favour of the chairperson.

statute/statute.md

@@ -55,20 +55,58 @@ If members of the student body are not present, they may use an electronic votin
 
 (3) The Student General Assembly elects, in separate ballots and in this order:
 1. the President,
-2.–8. the seven portfolio leads named in § 3(4) (Alumni Relations; Admissions & Study Experience; Community Builder; Marketing; Entrepreneurship; Partnerships; Representation & Equity)
+2.–8. the seven portfolio leads named in § 3(3) (Alumni Relations; Admissions & Study Experience; Community Builder; Marketing; Entrepreneurship; Partnerships; Representation & Equity)
 
 Candidates for Student Council portfolio roles are automatically listed on the ballots for their own study program's Academic Senate and Study Program Council elections, in accordance with the University's Election Regulations.
 Each ballot for Academic Senate and Study Program Council includes both a main seat and a deputy seat. The candidate with the highest votes becomes the main member, and the runner-up becomes the deputy.
 
-(4) Elections follow majority voting as in § 4(6)–(8). With the exception of the Representation & Equity portfolio, all roles are open to all students, irrespective of gender and age. Diversity and equal opportunity are to be fostered in candidate outreach and nomination. The Representation & Equity portfolio must be held by a FLINTA+ student (women, lesbians, intersex, non-binary, trans, and agender persons).
+(4) All portfolio roles are open to all students, irrespective of gender and age. Diversity and equal opportunity are to be fostered in candidate outreach and nomination.
 
-(5) The members of the organs are elected according to the principles of majority voting. The person with the most votes, but at least 50% + 1 votes gets elected. If no candidate manages to achieve this majority a final ballot between the person with the most votes and the runner up is held. The person with the most votes in the final ballot is elected.
+(5) Gender equity safeguard. To ensure equitable representation, the Student Council composition must reflect gender diversity as follows:
 
-(6) In a majority election, the voting person has as many votes as there are positions to be filled.
+a) The underrepresented gender at CODE (determined by enrollment statistics, currently women) must hold at least the greater of:
+   - The percentage of that gender in the student body (rounded to nearest whole number), OR
+   - 25% of Council seats (minimum 2 of 8 portfolios)
 
-(7) Only one vote per person can be cast.
+b) Calculation method: The required number of seats is calculated by multiplying the Council size by the underrepresented gender percentage, then rounding to the nearest whole number (0.5 and above rounds up). However, the minimum requirement is always 2 seats regardless of the calculated percentage.
+   
+   Example: With 8 Council seats and 20% women in the student body:
+   - Calculation: 8 × 0.20 = 1.6 → rounds up to 2
+   - Applied requirement: 2 seats
+   
+   Example: With 8 Council seats and 35% women in the student body:
+   - Calculation: 8 × 0.35 = 2.8 → rounds up to 3
+   - Applied requirement: 3 seats
+   
+   Example: With 8 Council seats and 15% women in the student body:
+   - Calculation: 8 × 0.15 = 1.2 → rounds down to 1
+   - Applied minimum: 2 seats (the 25% minimum applies)
 
-(8) Every elected representative can be released from their duties at any point according to the principles of majority voting described in §4(6).
+c) The Representation & Equity portfolio must be held by a member of the underrepresented gender at CODE.
+
+d) For the purpose of this provision, gender is determined based on available enrollment data (male/female). Students who identify as non-binary, trans, agender, or other gender identities are considered part of the underrepresented group and may hold any portfolio including those designated for the underrepresented gender.
+
+(6) Quota validation and appointment process:
+
+a) After all portfolio elections are completed, the Council composition is validated against the requirements in § 4(5).
+
+b) If the quota is not met through regular elections:
+   1. The next-highest voted candidate(s) from the underrepresented gender shall be appointed to fulfill the quota.
+   2. Appointed candidates shall be assigned to portfolios in order of their vote count, in coordination with already-elected members to avoid conflicts.
+   3. If necessary, the lowest-voted elected candidate from the overrepresented gender may be replaced to make room for quota fulfillment.
+
+c) If insufficient candidates from the underrepresented gender participated in the election to meet the quota, the Council shall:
+   1. Actively recruit candidates from the underrepresented gender within 14 days,
+   2. Hold a special election for the remaining seats reserved for the underrepresented gender,
+   3. If recruitment is unsuccessful, the Council may operate with vacant seats until the quota can be fulfilled.
+
+(7) The members of the organs are elected according to the principles of majority voting. The person with the most votes, but at least 50% + 1 votes gets elected. If no candidate manages to achieve this majority a final ballot between the person with the most votes and the runner up is held. The person with the most votes in the final ballot is elected.
+
+(8) In a majority election, the voting person has as many votes as there are positions to be filled.
+
+(9) Only one vote per person can be cast.
+
+(10) Every elected representative can be released from their duties at any point according to the principles of majority voting described in §4(7).
 
 
 ## 5 - Terms of office, rotation
@@ -101,6 +139,8 @@ Each ballot for Academic Senate and Study Program Council includes both a main s
 
 (4) If a portfolio role becomes vacant, the Student General Assembly may hold a by-election at the next regular or extraordinary meeting. Vacancies in Academic Senate or Study Program Council seats are filled by program-specific by-elections. Until then, the President may assign interim coverage to another Council member.
 
+(5) If a vacancy affects the gender quota as defined in § 4(5), the by-election must prioritize candidates from the underrepresented gender to maintain quota compliance.
+
 
 ## 7 - Convening
 
@@ -145,7 +185,7 @@ Each ballot for Academic Senate and Study Program Council includes both a main s
 (1) The Student General Assembly elects representatives for the Student Council.
 
 (2) Student representatives to the Academic Senate and to the Study Program Councils are elected in accordance with the University's Election Regulations (one student seat and one deputy per study program in each body). All candidates for Student Council portfolios are automatically nominated for these elections in their respective study programs. The Student General Assembly may host candidate statements and Q&A.
-Additional nominations from each study program remain open under the University’s Election Regulations. Candidates may opt out of being listed on AS/SPC ballots.
+Additional nominations from each study program remain open under the University's Election Regulations. Candidates may opt out of being listed on AS/SPC ballots.
 
 (3) The Student General Assembly meets at
 
@@ -174,7 +214,7 @@ The Student General Assembly shall adopt its own rules of procedure.
 
 (2) If the Student General Assembly is convened again after an absence of a quorum to deal with the same matter, it shall in any case be quorate if this is indicated in the invitation.
 
-(3) “Present” includes both physical and online presence, e.g. participation in person or via an online voting/attendance system.
+(3) "Present" includes both physical and online presence, e.g. participation in person or via an online voting/attendance system.
 
 
 # III Student Council
@@ -186,7 +226,7 @@ The Student General Assembly shall adopt its own rules of procedure.
 1. convene Student General Assemblies,
 2. coordinate with the Academic Senate, the Study Program Councils and the university committees through their elected student representatives,
 3. gather and synthesize feedback,
-4. own and drive portfolio-specific initiatives (see §18a),
+4. own and drive portfolio-specific initiatives (see §15a),
 5. invite guests for specific topics.
 
 (2) The Student Council represents the student body in the different organs of the university.
@@ -214,7 +254,9 @@ The Student General Assembly shall adopt its own rules of procedure.
 
 (7) Partnerships. Intake and triage of external requests (investors, student initiatives, events/partners); escalates MoUs to the University where required.
 
-(8) Representation & Equity. Ensures diversity, inclusion, and equitable representation within all council activities; acts as a point of contact for underrepresented groups; reviews council initiatives through an equity lens; monitors election and appointment processes for fairness. This portfolio must be held by a FLINTA+ student.
+(8) Representation & Equity. Ensures diversity, inclusion, and equitable representation within all council activities; acts as a point of contact for underrepresented groups; reviews council initiatives through an equity lens; monitors election and appointment processes for fairness. This portfolio must be held by a member of the underrepresented gender at CODE.
+
+(9) Portfolios may form working groups; non-members can be recruited as volunteers.
 
 ## 15b - Committee representation