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4 June 2012

DISCIPLINARY PROCEDURE: ACADEMIC MISCONDUCT BY STUDENTS ENROLLED FOR ACADEMIC PROGRAMMES AT THE FACULTY OF MILITARY SCIENCE, MILITARY ACADEMY

Reference A: Agreement between the Department of Defence and Stellenbosch University dated 4 May 2012.

B: Calendar Part 1, General. Stellenbosch University.

BACKGROUND

1.  The agreement between the Department of Defence (DOD) and Stellenbosch University (SU) dated 4 May 2012 amended section on the management of academic discipline of students enrolled for academic programmes at the Faculty of Military Science (FMS), Military Academy. Section 16, Admission and treatment of military science students states the following in sections 16.3 to 16.5:

a.  Section 16.3. Students of the Faculty must be subjected to the Student Regulations of the University in respect of transgressions of academic nature:-

i.  16.3.1 the academic transgressions shall be dealt with in terms of the Disciplinary Code for Students of Stellenbosch University as stipulated in Part 1 of the University’s Year Book;

ii.  16.3.2 academic transgressions includes misconduct in examinations, research and disciplinary procedures and includes specific transgressions such as examination dishonesty, plagiarism and the like, or any other misconduct directly or indirectly related to or impacting on academic matters.

b.  Section 16.4. The related policies of the University shall apply to the extent relevant and provide guidelines for appropriate behaviours and remedial actions.

c.  Section 16.5. The academic discipline is the responsibility of the University and the Faculty.

2.  The section in the University Part 1 Calendar, Rules for Students of Stellenbosch University, is applicable. Members of the Faculty and the student body must ensure that they are aware of the rules and what constitutes a transgression of an academic nature. Any non-academic transgressions are handled through the applicable military disciplinary procedures.

PROCEDURE

3.  Students enrolled for programmes and who sit for exams sign their acceptance of the Rules for Students as stipulated on their admission forms in section G.1(d) as well as sign a declaration on the Rules and Instructions for Exams as described on the exam answer book. The procedure for the handling of academic transgressions is described below in a step-by-step process.

4.  A student suspected of academic transgressions that include misconduct in examinations, research and disciplinary procedures and includes specific transgressions such as examination dishonesty, plagiarism and the like, or any other misconduct directly or indirectly related to or impacting on academic matters must be reported. Please note in that in instances when a student who contravenes the rules and instructions for test and exams: are subject to the invigilator confiscating the answer book and notes of the student. The time is noted and the student receives an answer book to continue with the test/exam.

Step 1

The invigilator may confiscate the question paper, answer book and notes of the student. The time is noted and the student receives a new question paper and answer book to continue with the test/exam.

Step 2

5.  The invigilator/lecturer/staff member drafts a letter to the Dean for comments with a detailed description of the alleged transgression and the evidence enclosed. The Dean will comment on the letter and refer it to the Manager: Student Discipline (MSD) at Stellenbosch University. The invigilator/lecturer/staff member will ensure that the letter and evidence is retrieved from the Dean with comments and forward it to the Manager: Student Discipline at Stellenbosch University (Mr Danie Roux: 021808-4635; ).

Step 3

6.  Mr Danie Roux will appoint an Investigating Officer (IO) to investigate the allegation.

Step 43

7.  The IO will contact the student(s) involved as well as the invigilator/lecturer/staff member for formal statements and forward his report to the MSD.

Step 5

8.  The MSD will decide on appropriate actions, including whether determine if enough evidence suggests continuing with a disciplinary hearing is required held by the Central Disciplinary Committee (CDC). The MSD will prepare the reports and the G D committee for a hearing to be held at Stellenbosch University.

Step 65

9.  The MSD informs the Dean, the invigilator/lecturer/staff member and the student(s) orally as well as in writing of the hearing. within at least five working days of the hearing. The written notice includes the following information:

(This part below is for the letter to the student. It should not be part of this document)

a.  The date, time and place of the hearing.

b.  The full charge and particulars of the alleged misconduct.

c.  The student’s right to assistance, and his right to attend the hearing.

d.  A warning that should he/she refrain from attending the hearing, the hearing could continue in his absence.

e.  The name and particulars of the prosecutor in the matter.

Step 76

10.  The Dean facilitates the availability of two representatives of the faculty staff and student body respectively. The same members of the CDC will serve representatives, student(s) attending the hearing as well as the invigilator/lecturer/staff member who submitted the report will travel to Stellenbosch University for the hearing.

Step 87

11.  The CDC will complete the hearing and inform submit their report for action to the Dean and for information to the Commandant Military Academy of the outcome. The student(s) may appeal the CDC’s verdict and follow the prescribed procedure for appeal.

Step 8

The Dean will enforce the verdict of the CDC and inform the Commandant Military Academy.

A student expelled from the University may not continue studies at the Military Academy whose future utilisation within the military unit must be determined by the Commandant or the delegated authority.

Step 9

The Commandant Military Academy receives a report from the CDC and determines the actions to be taken within the military disciplinary processes, if any.

A.M. Fokkens

Manager Faculty of Military Science

DISTR

For Action

Staff Members of the Faculty of Military Science

Manager: Student Discipline, SU (Att: Mr D. Roux)

Faculty Administrator (Att: Mrs J. Mac Lachlan)

For Info

Acting Commandant Military Academy (Att: Col M. Vena)

Dean Faculty of Military Science (Att: Prof M.S. Tshehla)

Faculty Officer (Att: Capt K.J. Dirkse)

Director Legal Services, SU (Att: Mr Gerhard Lipp)

Krygskunde Fakulteitsbestuurder/Faculty Manager Military Science
Privaatsak/Private Bag X2 · Saldanha, 7395 · Suid-Afrika/South Africa, Tel: +27 (0) 22 702 3094 Faks/Fax: +27 (0) 86 626 3586
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