Thomasian Debaters Council - Memorandum of Understanding

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MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding (“MOU”) is entered into as of this 29 th day 0f July

2009 by and between:

THE THOMASIAN DEBATERS COUNCIL (“me”), a university -wide

varsity debate organization duly registered with the Office of Student Affairs,

represented here by its incumbent President, Ms. Kayleen Mae A. Ortiz;

-and-

THE LOCAL DEBATE ORGANIZATIONS (“LDOs”), comprised of

debating organizations that are organized at the collegiate or society level,

whether or not registered with, or recognized by, the Office of Student Affairs ortheir respective college administrators, local student councils or governing

organizations, the list of the existing LDOs attached as Annex “A” of this MOU;

-and-

THE OFFICE OF STUDENT AFFAIRS (“USA”), the administrative office

of the University of Santo Tomas (“UST” or the “University”) in charge of

student societies and organizations, represented by its SWDB Director and Legal

Consultant.

RECITALS

A. TDC is the existing university-wide Varsity Debate Organization, recognized by UST

through the Office of Student Affairs. Since its inception‘, the university has recognized

the TDC to be its representative in various national and international debate

competitions. The TDC has, over the years, received support financial and otherwise

from the university in keeping with its status as the varsity and debate organization of

UST

B.

The renewed interest in debating within the University, due in part to the efforts of the

TDC to encourage debate in the collegiate or societal level, has spawned the creation and

establishment of LDOs within the University.

C. Due to the proliferation of LDOs and the lack of clarity regarding the relationship of

these LDOs to the TDC and the lack of delineation with respect to the competitions and

tournaments that each .of the LDOs and TDC may rightfully participate in as

representative the University, there is a need to adopt a working framework for the

harmonious co-existence between TDC and these LDOs.


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D. TDC and the LDOs agree that such working framework should take into consideration

the need to field the best talent that USI’ has to offer, to continuously develop Thomasian

debate talent and to promote and preserve the good name of the University.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants

contained herein, the parties hereto agree as follows:

1. Status of TDC

1.1. The parties to this MOU recognize and accept that the TDC is the varsity debate

organization of the University. As such, the 'I'DC has the exclusive right to represent the

University in all national and international debate tournaments where the competition requires

that representatives carry the name of their educational institution, irrespective of their college,

course or debate organization.

1.2. At present, the parties recognize and accept that EFDC has the exclusive right to

represent the University to the following national and international tournaments:

1.2.1. International Tournaments

a. World Universities Debate Championship (“ WUDC”)

b.

Austral-Asians Debate Championship (“ Austral Asians”)

c.

Asian Universities Debate Championship (“ AUDC”)

d. All Asians Debate Championships (“ Asians”)

1.2.2. National Tournaments

a.

National Debate Championship (“NDC”)

b.

Philippine Intercollegiate Debate Championship (“PIDC”)

c. Square-Off Debates (Non-Law)

1.3. Intervarsity tournaments (“IVs”) or invitational competitions shall be considered as

international or national tournaments within the exclusive domain of the TDC if such IVs or

competitions are meant to be preparatory, or are conducted immediately prior, to any of the

international or national tournaments listed above, or any other international or national

tournament to which TDC has the exclusive right to represent the University, regardless of the

competition's designation or venue. To date, the following are the IVs considered to be

preparatory to an international or national debate tournament:

a. Intramuros lV’s (prior to NDC)

b.

College of Saint Benilde IVs (prior to PIDC)

c. Manila invitational (“MINT”) (prior to PIDC)

d. De La Salle IVs (prior to AUDC)


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1.4. Future debate tournaments or competitions shall be considered the exclusive domain of

TDC should these tournaments have any of the following characteristics:

a.

The tournament is not limited to a specific college or course;

b. The tournament requires that the representatives be current students of the

educational institution they are representing or at least enrolled during the semesterprior to the tournament;

c. The tournament requires that the educational institution send only one (1) set of

representatives, which shall carry the name of their educational institution,

regardless of the college/course affiliations of the individual members; OR

d. In cases of “open” tournaments, i.e. any debate organization or composite team can

participate, the tournament has an institutional breaking cap, which works to limit

the number of teams that can break from a particular institution.

1.5. Should there be any doubt regarding the status of a tournament as international ornational in character such that TDC shall have the exclusive right to represent the University,

TDC and the LDOs concerned shall sit down with the OSA regarding the matter.

2. Status of LDOs

2.1. LDOs shall have the right to participate in all intra-college and inter-college

debate tournaments, even if held outside of the University and declared a ‘national’ or

“international” tournament by the sponsor or host, without needing to inform, or obtain

the consent of, TDC. The essential and controlling factor is that these tournaments are

limited to a specific college or course (e.g. Inter-Law, Inter-Economics, etc.) or arehosted by federations or associations of students belonging to the “same college or

course (e.g. ALSP, PES, JPIA, etc.)

2.2. LDOs shall also have the right to participate in inter-school or inter-varsity

debate tournaments that have been regularly declared "open" by the hosting university.

A tournament that has been declared “open” for at least three (3) consecutive times by

the hosting institution shall be considered as having been regularly declared “open.”

3. Reciprocal Concessions

3.1. To avoid any conflict, should TDC participate in a tournament that is not listedabove, TDC should inform the OSA so that LDUs may be informed of TDC’s position to

consider such tournament as falling within its exclusive domain.

3.2. To accommodate talented people from LDOs, TDC shall ensure that the

Dialectics shall he regularly conducted. Alter the Dialectics, TDC shall offer top

performing, debaters from the LDOs membership in the TDC. Where possible, TDC shall


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open its membership to top performing members of the LDOs prior to the start of

intensive summer trainings.

3.3. For its part, should LDOs intend to participate in an inter-school or inter-varsity

debate tournament that has been declared “open” by the hosting ‘university, the LDOs

concerned should give notice to TDC so that the parties could jointly make plansregarding the tournament.

IN WITNESS WHEREOF, we have hereunto set my hand this 29th day July 2009 in the OSA

Conference Room, UST - Tan Yan Kee Student Center.


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ADDENDUM

WHEREAS , the parties herein affirm the need to assure the quality and

competitiveness of the members of the University contingent in local or international debate

tournaments;

WHEREAS , the parties further affirm the delineations of tournaments stated in the

Memorandum of Agreement previously signed and executed by the parties herein last July 29,

2009;

WHEREAS , there is a need to have a working framework in order for the Local Debate

Organization ("LDOs") to compete and represent the University, subject to existing rules and

policies established by the Thomasian Debaters Council (“TDC”);

WHEREAS , there is a need to assure mutual compliance of the stipulations of the MOA

and the stipulations contained herein;

WHEREFORE , in consideration of these mutual covenants, the parties hereby agree to

the following stipulations:

1. From among the tournaments that are reserved exclusively for TDC, TDC will

determine and declare local invitational tournaments (“LITs") that will be open

for members of the LDO. Such declaration shall be made, as far as practicable,

at least [one ( 1)] month prior to the tournament through written notices sent to

LDOs containing the scheduled date, time and venue of the try- outs for such

LIT.

2. With respect to LITs that have been declared open to LDO members, the LDOs

understand and agree that, should they pass the tryouts conducted by TDC,

they will compete under the name of the University and not under their

respective colleges/faculties.

3. Within [three (8) days] from receipt of such written notice, LDOs must signify

their intent to compete in the LIT and joining the try-outs by providing TDC a

written notice to that effect. The LDOs understand and agree that by signifying

their intent, they are bound to participate in such try-out and, for any

successful LDO member, to compete in the tournament. Should they failto do

so, the TDC reserves the right to disqualify the organization and the erring LDO

member from participating in - the try-outs for the immediately succeeding

LIT.

4. Should members of the LDOs pass the try outs, the LDOs undertake to ensure

that its respective members shall undergo the training procedures and

scheduled training dates of TDC. Failure on the part of LDO members to


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comply with the training policy or to attend a majority of the trainings

scheduled by TDC for the relevant LIT shall be a ground to revoke the slot

awarded to the members of the LDOs. Likewise, TDC reserves the right to

disqualify the LDOs concerned from participating in the try-outs for the

immediately succeeding LIT.

5. LDOs likewise undertake to ensure that its respective members shall compete

in the relevant LIT. Failure on the part of the LDO or its members to timely

inform TDC of their inability to compete shall likewise be a ground to disqualify

the LDO member from participating in the immediately succeeding LIT.

6. Good performance of the LDO member in the relevant LIT tournament, as

endorsed by the Executive Board, and as approved by the Advisory Council,

shall entitle the LDO member to an offer of membership in the TDC, which

shall confer upon such LDO member Varsity status.

7.

LDOs who will unilaterally join IV tournaments or tournaments, which belongsto the exclusive list of TDC shall be a ground to disqualify the LDO in the

Dialectics for one (1) year.

8. Breach of the MOA and this addendum shall be heard by the Office of Student

Affairs, upon complaint of the aggrieved party and the OSA may imposed

appropriate penalty to the guilty party, consistent with the existing rules and

regulations indicated in the Student's Handbook, aside from the penalties

imposed in items six (6) and seven (7) hereof.

IN WITNESS HEREOF, we set our hand on this 30th day of September 2009, in the city of

Manila, Philippines.


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Documents

Thomasian Debaters Council - Memorandum of Understanding