Mission Statement, Bye Laws, Code of Ethical Conduct and Disciplinary Procedures MEI Ltd Mission Statement The aim of Marketing English in Ireland (MEI) Ltd is to be a significant presence in the area of International Education by consistently promoting the standards and quality of programmes offered to English Language students in Ireland. The company aims to do this by: Raising the awareness of the quality of the teachers and the ELT programmes offered by member schools in Ireland. Assisting member schools abroad by engaging in a wide range of marketing activities. Accepting only members who are currently approved by ACELS/QQI or British Council* Continuously seeking to facilitate the on-going development of and improvements to the services offered by its members. Promoting awareness of the significance of the ELT sector across a range of Government Departments and Agencies with a view to raising awareness of both the quality and the significant value of the service provided by the sector. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 1
1. Interpretation In these bye-laws words and expressions defined in the Articles of Association of the Company shall bear the same meaning herein. 2 Bye Laws Entrance Fee, Annual Subscription and other Charges a. Applicants will be charged a joining fee which will be decided by the Board of Directors from year to year. The fee will include a non-refundable administration amount. b. Members shall pay an annual subscription and all other charges as determined by the Board of Directors, and following ratification by a General Meeting, from time to time, pursuant to the articles of association. c. All payments due to the Company shall be made within 30 days of date of invoice. d. Failure to pay the annual subscription within 30 days of the date of invoice will result in a penalty at the rate of 5% per month. Failure to pay the amount due by 60 days from the invoice date will result in removal from the Company s website and, if the annual subscription is 60 days overdue at the time of the printing of the Company s brochure, non-inclusion in the brochure until the subsequent re-printing e. Members must pay in advance for their participation in any MEI-organised event. Failure to pay at least 5 working days in advance of such an event will mean that the Member cannot attend the event. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 2
2.2 Procedure on Application for Entry into the Company 2.2.1 A new Member a. The location of the membership shall be the Board of the Company. On request the office of the Company will furnish the applicant with a form of application, Articles of Association, Memorandum of Association, Bye Laws, details of fee structure and any other relevant documentation. The Board shall have full discretion in deciding if an applicant is to be admitted to membership and shall not be obliged to give any reasons to the applicant for its decision b. Applications for membership, must be accompanied by a letter from the school s auditor/accountant verifying the school s good financial standing and confirming the turnover level which is used to determine the fees due to the Company. The turnover must include tuition fees and accommodation charges. c. Confirmation of Public Liability Insurance from the applicant s Insurance company. d. Applicants for membership shall furnish the Board of Directors such information as the Board of Directors may require to enable them to consider the application. e. All information submitted by the applicants and all proceedings in connection with the application shall be treated as confidential. f. A member or applicant must be recognised by ACELS/QQI or *British Council as an English Language School for the purpose of teaching of English as a Foreign Language and must include a copy of a current official Certificate of Recognition/Accreditation. g. Applicants must complete the application form in full, including nominating three other MEI members (one of which must be a board member, an academic manager and school director) to carry out site visits of single or multiple centres. None of these three member schools should have a common directorship or financial affiliation with the applicant school. *British Council accreditation is only relevant to members who are based, operating and registered in Northern Ireland. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 3
Upon receipt of application MEI will send a report template and accompanying guidelines to the schools nominated to carry out the site visit. Any cost associated with the site visit should be borne by the Applicant school. Areas for consideration in the report may include, but not be limited to, the following : Premises Ownership Personnel Curriculum Resources Business model Marketing and Promotion Management Practices Applications will only be considered if all required supporting documentation is made available to the Board of MEI. A membership application should include 2 copies of all promotional material used by the school A statement of financial, familial or other links to schools and businesses. The information contained in the written report is confidential and will only be disclosed to members of the Board of MEI. h. Applicants must sign a declaration stating the school will abide by the Association s Bye Laws, code of ethical conduct, marketing and recruitment, conduct at marketing events, conduct with MEI administration, conduct with public bodies and organisations, special provisions & disciplinary procedures. i. Members providing certified ELT Teacher Training courses must deliver a QQI approved Teacher Training course, the equivalent or higher. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 4
2.2.2 Renewal of Membership Membership is renewed on an annual basis at the beginning of each year. A renewal form should be completed and submitted with the following documents: A copy of a current official Certificate of Recognition/Accreditation from ACELS/QQI. Confirmation of adequate Public Liability Insurance from school s insurance company. A letter from the school s auditor/accountant verifying the school s good financial standing and confirming the turnover level (list turnover inclusions) which is used to determine the fees due to the Company. The turnover must include tuition fees and accommodation charges. A non-refundable deposit of 750.00 2.3 Conditions for membership a. A member must be recognised by ACELS/QQI or its successor or the British Council for at least 2 years and must remain recognised by ACELS/QQI or its successor or the British Council as an English Language School for the Teaching of English as a Foreign Language. b. At the time of application or renewal of application, the prospective member companies must be financially sound and provide assurance to that effect in the form of a letter from a Chartered accountant or from the company s auditor. c. Members must provide statistics from time to time, as requested, to a nominated body. This body will be an independent third party approved by MEI for the purpose of generating information essential to effective marketing. The raw data supplied will be available only to this company and will be treated as confidential. The overall results will be supplied to MEI. e. In the interests of Learner Protection MEI members must agree that, in the event of an MEI school going unexpectedly out of business, they will accept students whose course of tuition in the closed school has not yet expired. The allocation of such students to member schools will be managed by the MEI office. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 5
f. With effect from 01 January 2015 new members to MEI shall pay a once-off joining fee which will include a non-refundable administration fee, in addition to the annual subscription fee. In cases where a school s membership has lapsed the school will have to apply as a new member. g. All members will be subject to a site inspection on a regular basis. It is anticipated that this will be a four year cycle. Members will be advised of the said inspection and it will follow a similar format to that of new members. h. Members may be subject to spot inspections at the discretion of the Board. 3 Code of Ethical Conduct 3.1 Commitment to the highest standards MEI is the primary representative of the English Language Industry in Ireland. It supports the membership in achieving the highest educational and commercial standards. It represents and supports schools abroad by engaging in a wide range of marketing activities. a. Member schools must ensure that their ACELS / QQI or British Council accreditations is in accordance with statutory requirements. b. Member schools must maintain the QQI standards in relation to facilities, teaching standards and adhere to the QQI code of practice. c. Member schools recruiting students under the age of 18 must fully implement the relevant Child Protection Guidelines for Post-Primary Schools. d. Member schools must also make themselves aware of all changes in legislation relating to the operation of their business. Members agree to abide by current legislation in respect of Employment Law, Equality of Opportunity, Immigration and Visa requirements and such legislation as applies under the Companies Acts, 1963-2006. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 6
3.2 Marketing and Recruiting a. Member schools must follow ethical standards for the recruitment of students and in the promotion of programmes. b. Throughout the Marketing and Recruiting process member schools must ensure that students are not misled in any way. c. The school staff and/or the educational advisors/agents must clearly and accurately describe to the student all aspects of the school and the programme. All promotional literature describing the school and the programme must contain clear, complete, current and correct information about the school, the facilities, the programme, the admission requirements and procedures, hours of instruction, programme length, calendar, prices, refund policy and related services such as counselling, assistance with accommodation and other services. Photographs and other visuals in promotional materials (brochures and websites) must realistically depict the school building where instruction will take place, its location, its facilities and the range of services provided by the school and must not mislead in any way. d. The school staff and or educational advisors must be truthful and honest throughout the recruiting process. e. Member schools must seek to work only with legitimate educational advisors/agents and should report any misconduct by educational advisors/agents to the MEI office. 3.3 Conduct at Marketing Events a. In the case of MEI workshops in Ireland or any event hosted by MEI for agents in Ireland, MEI members should: (i) Adhere to the principle that no member can organise a familiarisation trip, host a reception of any sort, or use any MEI workshop/event to gain unfair advantage over any other MEI member, during the exclusion period which will be determined prior to each workshop. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 7
(ii) Agree that at all times the period from when agents check in to a workshop until the workshop programme has ended MEI members cannot engage in any arrangement with agents which is outside the programme of events. (iii) Behave professionally at all times and never seek to undermine another member school to gain advantage with an agent/company. (iv) Not defame or denigrate another member school, their services, language programmes or locations verbally or in writing. (v) Seek to promote Ireland as an English language learning destination and not promote one region in Ireland by engaging in negative publicity about another region. b. In the case of any Marketing Event held abroad and organised by MEI, Fáilte Ireland, Enterprise Ireland, Tourism Ireland or commercial companies such as ICEF, Alphe etc. MEI members should: (i) Adhere to points (iii), (iv) and (v) above. (ii) Behave professionally at all times and support the joint aim to promote Ireland as an English Language Learning Destination. (iii) Adhere to the conditions outlined by other international professional bodies with which MEI Members are associated as members or participants workshops, language fairs etc. (iv) Not engage in any collaboration with another body/organisation which would undermine the professional aims of MEI as an association. (v) Co-operate with the MEI member or staff member who has been appointed to represent the association at a function. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 8
3.4 Conduct with MEI Administration a. Members must respect the work being carried out on their behalf by the MEI office and facilitate that work by replying by return or as soon as possible to enquiries from the office, particularly when these relate to forthcoming MEI events. b. Members must refrain from any behaviour of a bullying or harassing nature in relation to MEI Administration staff or to other members as outlined in the Industrial Relations Act 1990, Equal Status Acts 2000 2004 and the Employment Equality Acts 1998 and 2004, or as dictated by good practice and professional courtesy. c. Members are expected to continuously update the office on their programmes and centres so that this information may be used when responding to enquiries from the general public. d. Members are strongly encouraged to participate in major MEI events e.g. Agents Workshop as laid down each year by the Board. e. Members should attend the AGM. f. Members are encouraged to inform the office of changes to contact details of agents included in the MEI database 3.5 Conduct with Public Bodies and other organisations Members must respect any negotiations that are taking place between MEI and other bodies. Members acting independently must make it clear that they are acting on their own behalf and may not purport to represent the interests of MEI without prior discussion with and approval by the Board. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 9
4 Special provisions The company shall be responsible to ensure that non-members shall not: (i) Display on their stationery, promotional material, website or otherwise any emblem or other mark or design which may be adopted by the Company to signify membership thereof, (ii) Display any emblem or mark or design similar to any adopted by the company or which may be liable to be confused therewith, (iii) Otherwise hold themselves out to be members of the Company. 5 Disciplinary Procedures (a) Complaints from members about fellow members: A member with a grievance against another member school may bring the matter to the attention of MEI by submitting a written complaint, (via letter or email). This written complaint should be addressed to the CEO of MEI, the Board or the Chairperson. If the complaint is not to be brought to the attention of the Board, this should be stated in the letter. Upon receipt of a complaint whether from a member or any other party regarding the behavior or practice of a member, the CEO/Board/Chairperson shall contact the member concerned advising that a complaint has been received. In cases where the Board considers the matter to be serious enough to merit suspension of membership, the Board will notify the member of such suspension. The Board will institute a three person Disciplinary Committee at least two of whom must be Board members. The third person can be a non-member with expertise in the matter under investigation. Alternatively, the third person may be a Board member. The Disciplinary Committee will investigate the complaint by meeting with the complainant to examine the nature of the complaint in more detail. In the interests of natural justice, the member against whom the complaint has been made will be advised of the setting up of a Disciplinary Committee and will be asked to submit his/her response in writing within one week and will be invited to meet the Disciplinary Committee to discuss his/her response should MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 10
he/she wish to do so. The member will also be entitled to have his/her legal advisors make representation on his/her behalf. Once the above procedures have been followed, the Disciplinary Committee will review the submissions made by both sides and make its findings known to the Board. The Board will then resolve by a majority to continue, suspend, terminate and/or make recommendations to the member involved. Both parties will be informed as to whether or not the complaint has been upheld. In cases where suspension of membership is deemed appropriate, suspension of membership will be for a specified period of time and may, at the discretion of the Board, mean that the member s school cannot participate in any of the events organised by MEI during the suspension period or enjoy any other benefits of membership. Any fees owed to MEI during the suspension period will be deemed due as if the suspension had not occurred. (b) Complaints from members about MEI personnel A member with a grievance against an MEI employee may bring the matter to the attention of MEI by submitting a written complaint, (via letter or email). This written complaint should be addressed to the Chairperson. Should the complaint relate to the Chairperson, the written complaint should be addressed to the Secretary. Upon receipt of a complaint whether from a member or any other party regarding the behaviour or practice of a member of MEI personnel, the Chairperson/Secretary shall contact the employee concerned advising that a complaint has been received. The Board will institute a three person Disciplinary Committee at least two of whom must be Board members. The third person should be a non-member with expertise in the matter under investigation. In cases where the Board considers the matter to be serious enough to merit suspension, the Board will notify the employee of such suspension. The Disciplinary Committee will investigate the complaint by meeting with the complainant to examine the nature of the complaint in more detail. In the interests of natural justice, the employee against whom the complaint has been made will be advised of the setting up of a Disciplinary Committee and will be asked to submit his/her response in writing within one week and will be invited to meet the Disciplinary Committee to discuss his/her response should he/she wish to do so. The member will also be entitled to have his/her legal advisors make representation on his/her behalf. Once the above procedures have been followed, the Disciplinary Committee will review the submissions made by both sides and make its findings known to the Board. The Board will then resolve by a majority on an appropriate course of action which may, depending on the MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 11
nature of the complaint, involve invoking the MEI Disciplinary Procedures. Both parties will be informed as to whether or not the complaint has been upheld. In cases where suspension is deemed appropriate, the employee concerned will be paid in full during the period of suspension. 6. Board members Members of the board must be subjected to the highest code of conduct in the performance of their duties. Board members may not - Seek to gain unfair advantage or to undermine the interest of MEI or individual members A director must not take improper advantage of the position as director to gain, directly or indirectly, a personal advantage or an advantage for any associated person which might cause detriment to the company. A director should not use inside information for gain. - Seek to use any information to their advantage to their advantage outside the remit of the Board. Not make improper use of information acquired as a director or disclose, or allow to be disclosed, information confidential to the company. A director is obliged to uphold the traditions of the company and to strive to maintain and improve its reputation. A director should respect the professional standing of other members of the company A director should not obtain, attempt to obtain, or accept, any bribe, secret commission or illegal inducement of any sort. MEI Mission Statement, Bye-laws, Code of Ethical Conduct and Disciplinary Procedures, UPDATED December 2014 12