The revised CUC Code firmly rejects the notion of student and staff board members as constituency representatives. All board members, including those who are also students or staff, share the same fiduciary duties and the same primary obligation to act in the interests of the institution. The presence of student and staff governors must not be treated as a substitute for broader stakeholder engagement

How the 2020 Code addressed student and staff board membership

The 2020 Code included student and staff members on governing bodies and addressed their role, but the language around their status as full board members, rather than representatives of constituencies, is less explicit. The distinction between their board membership and the need for separate, broader stakeholder engagement is also not clearly drawn.

Parity of duty: Student and staff members as full board members, not constituency representatives

The revised Code firmly rejects the notion of student and staff Board members as constituency representatives. As staff and student governors are board members, rather than representatives, their presence must not be considered sufficient to act as broader engagement with these critical stakeholder groups.

All board members, including those who are also students or staff, share the same responsibilities. A member's primary duty is to act in the interests of the institution, which includes respecting confidentiality. Board members should not be excluded from discussions simply because they are students or staff.

Student and staff governors also need to be aware of the personal duties and potential personal liabilities that their role entails. They should actively enquire about training opportunities in any areas that they are less familiar with and not shy away from asking pertinent questions.

How should boards distinguish board membership from stakeholder engagement?

Higher education boards will need to review both how they structure Board membership and how they undertake stakeholder engagement, ensuring the two are treated as distinct obligations. Student and staff governors have the same fiduciary duties as independent members and must not be excluded from discussions or treated as delegates. The anti-exclusion provision is a clear statement that boards should reflect in their practice and their Code of Conduct.