Policy Number / 0076
Effective Date / Date of APPROVAL
Next Revision Date / 2013
Reviewed / 2010 – Extract from Student Support Policy (Disciplinary Assistance)
APPROVAL / 30/11/2010
Section: 11. DISCIPLINARY ASSISTANCE - revised and approved:
- DISCIPLINARY ASSISTANCE
11.1.POLICY
To facilitate a situation that will be beneficial to a fair disciplinary system and co-ordinate activities that will contribute to a safe, orderly environment
11.2.PROCEDURES
11.2.1.Employ disciplinary policy and procedures.(See 11.3)
11.2.2.Provide training for disciplinary committee members.
11.2.3. Apply rules and regulations,for all campuses and hostels. (see 11.6)as well as Code of Conduct (see 11.5)
11.2.4.Learners receive rules and regulationsand summary of disciplinary procedures at the beginning of every semester.
11.2.5.Learner signs a contract in which he accepts the disciplinary policy
11.2.6.and procedures, rules and regulations of college as well as a general indemnity form (See.ll.4)
11.3.DISCIPLINARY MEASURES: LEARNERS
This policy was drafted in terms of Section 16:Disciplinary Measures of the Further Education and Training Act (Act 98 of 1998).
11.3.1.DISCIPLINARY COMMITTEE FOR SERIOUS MISCONDUCT
11.3.1.1.Composition Of Disciplinary Committee
11.3.1.1.1.The committee shall comprise of at least three staff members per campus. A council member could be present at a hearing if necessary.
11.3.1.1.2.A chairperson and a prosecutor will be elected from the above three persons.
11.3.1.1.3.The CEO or a learner at the college is not eligible to be members of the D.C.
11.3.1.1.4.No person may be appointed to the disciplinary committee if the person has personal knowledge of or any interest in any matter before the disciplinary committee. Such person must excuse him/herself before the Disciplinary hearing.
11.3.1.1.5.An executive member of the LRC may attend the hearing as an observer.
11.3.1.1.6.An independent secretary, who is not a member of the Disciplinary Committee, will record the minutes during a meeting (preferably a trained staff member).
11.3.1.2.Decisions of the Disciplinary Committee
11.3.1.2.1.The decision of this committee is a decision of the council.
11.3.2.PROCEDURES
11.3.2.1.1.A learner charged withmisconduct is entitled to a hearingadjudicated upon by the disciplinary committee.
11.3.2.1.2.A learner charged with serious misconduct must be given no less than 7 calendar days written notice of the hearing into the alleged misconduct. Unless:
11.3.2.1.2.1.The council directs, with good cause, that a shorter noticeshall apply.
11.3.2.1.2.2.There's no prejudice caused to the learner by the shorternotice period.
11.3.2.1.3.The notice in terms of paragraph 2 must:
11.3.2.1.3.1.Contain sufficient particulars of the date, place and nature ofthe alleged serious misconduct to enable the learner to identify the incident in question and to respond thereto;
11.3.2.1.3.2.Inform the learner of the charges, place, date and time of thehearing;
11.3.2.1.3.3.Inform the learner of provisional suspension,if any, thereason therefore and any other matter required in connection with the provisional suspension.
11.3.2.1.3.4.Inform the learner of the rights of the learner in terms ofhereof.
11.3.2.1.3.5.The learner may be assisted by his/her parents
11.3.2.1.3.6.Inform the learner of the right of appeal to the executive council if expelled.
11.3.2.1.4.The notice contemplated in paragraph 2 must be given by or on behaveof the Campus Head to the learner and a copy thereof must be delivered to the learner's parents by registered post or by hand* and the parents should also be notified by telephone if possible. (* acknowledgement of receipt must be signed)
11.3.2.1.5.At least one of the parents of the learner must accompany the learner to the hearing, if possible. In Grade 4 offences where expulsion is a recommended punishment, a legal representative may assist the learner.
11.3.2.1.6.If a member of the disciplinary committee, the learner, his or herrepresentative or a witness requires an interpreter, the disciplinary committee may not proceed with the hearing, until an interpreter competent in the relevant language has been made available, provided that it is not necessary to make use of a formally qualified interpreter.
11.3.2.1.7.If the learner fails to appear before the disciplinary committeeafter due notice in terms of sub paragraph (2) and without just cause for not attending the hearing, the hearing may continue in the absence of the learner. A secretary (preferably a trained secretary) will record the minutes during a hearing.
11.3.2.1.8.The disciplinary committee must keep a full and accurate record ofall proceedings before it. A verbatim record is advisable, the secretary will also use a tape recorder, if possible.
11.3.2.1.9.The prosecutor must commence proceedings at the hearing by settingout the charge against the learner and thereafter presenting the case against the learner.
11.3.2.1.10.The chairperson of the disciplinary committee must ask the learner whether the learner pleads guilty to the charge. The learner mustrespond thereto. Should the learner fail to respond, the learner will be deemed to have pleaded not guilty to the charge.
11.3.2.1.11.If the learner pleads guilty to the charge:
11.3.2.1.11.1.The chairperson must question the learner with reference to thealleged facts comprising the misconduct as outlined by the prosecutor in order to satisfy the disciplinary committee that the learner is indeed guilty of the charge.
11.3.2.1.11.2.If, upon questioning the learner, it appears that the version of the learner materially differs from the facts as outlined by the prosecutor, or if the chairperson is not satisfied that the learner is guilty of the charge, the chairperson must enter a plea of not guilty in respect of the charge on behalf of the learner;
11.3.2.1.11.3.If the disciplinary committee, or the majority of its members,is satisfied that the learner is guilty of the charge, the Disciplinary Committee must find the learner guilty of the charge.
11.3.2.1.12.If the learner pleads not guilty to the charge
11.3.2.1.12.1.The prosecutor may call a witness (as) or present other evidenceon oath in respect of the allegations against the learner;
11.3.2.1.12.2.The learner or the representative of the learner may questionany witness and examine any evidence presented by the prosecutor;
11.3.2.1.12.3.After all the evidence has been led against the learner, thelearner or the representative of the learner may call a witness(es) or present other evidence on oath in support of theevidence;
11.3.2.1.12.4.The prosecutor may question any witness and examine anyevidence presented on behalf of the learner;
11.3.2.1.12.5.The disciplinary committee may question any witness or examineany evidence at any time;
11.3.2.1.12.6.After all evidence has been presented, first the prosecutor andthen the learner may address the disciplinary committee as to the guilt or otherwise of the learner;
11.3.2.1.12.7.The disciplinary committee must thereafter adjourn the hearingfor not more than 2 (two) days to a specified place, date and time in order to decide whether, on a balance of probabilities, the learner is guilty or not guilty of the charge; and
11.3.2.1.12.8.At the date and time contemplated in sub paragraph 12(g), thedisciplinary committee must inform the learner of the findings of the disciplinary committee.
11.3.2.1.13.If the learner is found guilty of the charge, the prosecutor and the learner or the representative of the learner, may present evidence before the disciplinary committee relevant to an appropriate penalty, including but not limited to evidence of the personal circumstances of the learner, general record of past conduct at the public further education and training institution, the nature and seriousness of the misconduct in question, and interest of the public further education and training institution. These considerations may be taken into account in mitigation of sentence.
11.3.2.1.14.Immediately after considering any evidence presented in terms of sub paragraph (13), when disciplinary committee must impose on the learner a penalty that is prescribed in terms of the code and this policy, and inform the learner in writing thereof.
11.3.2.1.15.If the disciplinary committee decides that the learner should be expelled from the public further education and training institution, it must make a recommendation to that effect to the Campus Head who may suspend the learner from the public further education and training institution, pending the decision of the Chief Executive Officer on whether the learner is to be expelled or not.
11.3.2.1.16.FURTHER PROVISIONS
11.3.2.1.16.1.Where a disciplinary committee in terms of paragraph 11.3.2.1.15 suspends a learner from attending a public education and training institution with a view to expulsion by the Campus Head, the disciplinary committee must direct the Campus Head to submit a full record of proceedings to the Chief Executive Officer of the Limpopo Department of Education.
11.3.2.1.16.2.The report contemplated in sub paragraph (1) must at leastinclude the following:
a)the full name, date of birth and grade of the learner;
b)a summary of the evidence presented by the prosecutor and thelearner; and
c)a summary of the findings of the disciplinary committee relating to the evidence and the sentence proposed by it.
11.3.2.1.16.3.After considering the full record of the proceedings and the report contemplated in sub paragraph (1) and within 5 (five) being informed of the decision of the disciplinary committee, the Campus Head must:
a)expel the learner; or
b)impose on the learner a lesser punishment permitted by the code of
c)this policy; or
d)suspend or postpone a sentence referred to in paragraph 16.3(a)
e)for a period of not less than six months; or
f)impose a competent sentence which the Chief Executive Officer
g)deems fit; or
11.3.2.1.16.4.If the Campus Head expels a learner, the learner may not enroll at any other campus of Waterberg FET College for such a period as determined by the Campus Head.
11.3.2.1.17.APPEAL AGAINST DECISION OF CHIEF EXECUTIVE OFFICER TO EXPEL A LEARNER
11.3.2.1.17.1.A learner or a parent of a learner may appeal to the Member of the Executive Council against:
a)any finding of guilty by the Chief Executive Officer in respectof which a penalty of expulsion has been imposed; and
b)a penalty of expulsion imposed by the Chief Executive Officer.
c)A learner or a parent of a learner who wishes to appeal against a decision contemplated in sub paragraph (1) must, within 14 (fourteen) calendar days of being notified of the decision, deliver by hand a notice of appeal together with the ground(s) for the appeal to the Campus Head.
d)Unless the Chief Executive Officer on good cause orders otherwise, the lodging of an appeal shall not have the effect of suspending the penalty imposed by the Campus Head.
e)Within 5 (five) days of receiving the notice of appeal, the Chief Executive Officer, must inform the Campus Head and the council of the lodging of an appeal and provide them with a copy thereof.
f)Within 5 (five) days of receipt of the notice of appeal from the Chief Executive Officer, the Campus Head and the Council may respond in writing to the notice of appeal and state the reason why the appeal should be dismissed.
g)Within 5 (five) days of receipt of the submissions contemplated insub paragraph (5), the Chief Executive Officer must:
- dismiss the appeal;
- impose on the learner a lesser punishment permitted by
- the code and this policy;
- impose any other sanction deemed appropriate by the
- Member of the Executive Council; or
- iv. find the learner not guilty and notify the learner,
- parents and the representative of the learner and the
- Chief Executive Officer of the decision.
11.3.2.1.17.2.The decision of the Chief Executive Officer in respect of the appeal shall be final.
SCHEDULE 1
SERIOUS MISCONDUCT THAT MAY LEAD TO SUSPENSION
MAINTAINING DISCIPLINE AND CONTROL
GRADE 1OFFENCE
PROCEDURES
- Grade 1 offences are dealt with in the first instance by the lecturer concerned.
- Lecturers are encouraged to keep parents informed of threeverbalwarnings and then a final warning.
- When a fourth offence occurs,the matter is referred to theDepartment Manager (OM) who issues an official letter of warning.
- When there is repetition, a final letter of warning will be issuedbefore referral to the DC.
GUIDELINES
PUNISHABLE OFFENCES / RECOMMENDED PUNISHMENT- ACADEMIC
1.1.Books left at home / Four verbal warnings will be issued by lecturers. Record will be kept of these warnings
1.2.Homework not done
1.3.Homework not done on time
1.4.Homework copied from another learner
1.5.Doing a work of a personal nature in the computer classroom
- CLASSES
2.1.Non-arrival
2.2.Late for classes
2.3.Doing other work in classes
- EXTRA-MURAL ACTIVITY
Verbal reprimand
Written punishment
Deduction of marks (homework/projects)
3.1.Non-attendance without a valid excuse
- PERSONAL CONDUCT IN CLASSROOM ON CAMPUS
4.1.Cheek/Insolence
4.2.Defacing desks walls/books etc.
4.3.Eating/chewing in class
4.4.Foul language
4.5.Late arrival at class – without a valid excuse
4.6.Littering
4.7.Sleeping in class
4.8.Use of a cellular phone in class / Fins as fixed from time to time by CEO, currently R50.
4.9.Cellular phone switched on in class
GRADE 2 OFFENCES
PROCEDURES
- Two written warnings will be issued and the parents notified before going to the Disciplinary Committee
- Grade 2 offences are referred to Head of Department(HOD) who in hisdiscretion may refer the matter to the Disciplinary Committee (DC).
- CS refers to Community Service - which involves learners in physical labour e.g. picking up litter, cleaning walls, sanding desks, etc.
- Smoking offences are handled in the instant by a verbal warning bythe LRC and class representatives and brought to the attention of the Head of the Campus/the Manager of the Learner Support System.
- Official warnings are carried over from one term to the next, over a6/9-month period of time.
GUIDELINES
PUNISHABLE OFFENCES / RECOMMENDED PUNISHMENT- Damage to learners’s/campus property, vandalism of campus property
Fine of cost of repairs
Referral to Disciplinary Committee
- Uncooperative in class
Disciplinary Committee attention
- Dress code infringement (repeated)
- Extra-mural activity – not attending
Lecturer in Charge - Disciplinary Committee
- Fighting
- Offensive printed material (in possession of)
Community Service
- Smoking in building
Community Service
- Bunking of Lecturers
- Bunking of Campus organised days
Referral to Disciplinary Committee
GRADE 3 OFFENCES
PROCEDURES
- Parents will immediately be informed of suspension(s) both telephonically and in writing, as far as possible.
- No written warnings will be given.
- Always dealt with by the DC and notification to the CEO.
- Parents will be called in for an interview with Manager of Learner Affairs.
GUIDELINES
PUNISHABLE OFFENCES / RECOMMENDED PUNISHMENT- Cheating in test/internal examination or any form of assessment such as assignments.
Suspension
- Cheating in external examinations
- Distributes or is in the possession of any test or examination material that may enable another person to an unfair advantage in the test or examination.
- Verbal abuse of Lecturers
- Any act of public indecency
- Sexually harasses another person
- Found in possession of or distributes pornographic material
- Racist remarks or insults
Suspension
- If under the influence of alcohol or any other intoxicating substance
- Disruption of lessons
- Disruptive behaviour on the premises of the campus (e.g. noise)
- Engage in conspiracy to disrupt the proper functions of the College through collective action
SCHEDULE 2
SERIOUS MISCONDUCT THAT MAY LEAD TO EXPULSION
Printed copies of all QMS documents are uncontrolled. The latest revision is available on the College website: .
GRADE 4 OFFENCES
Printed copies of all QMS documents are uncontrolled. The latest revision is available on the College website: .
PROCEDURES
- Grade 4 offences are dealt with by the DC
- Parents will immediately be informed of suspension telephonically andin writing, as far as possible.
- Parents will be interviewed by the Campus Head, or hisrepresentative, and if necessary, by the Chairman of the CollegeCouncil.
- A learner will be guilty of misconduct if he/she isfound guilty of misconduct as contemplated in Schedule 1 - after been found guilty of the same or similar misconduct on 2 previousoccasions;
- Fails to comply with a punishment of suspension as acorrectional measure.
- Alcohol and drug abuse will involve referral to SANCA.
- The police will be called in by the Manager of the Learner SupportSystem and he/she will notify the Campus Head, of the following:
- Assault on lecturer
- Dangerous weapons
- Drugs - Get written Theft and vandalism Rape.
- Theft and vandalism of campus of lecturers property
- Rape
GUIDELINES
PUNISHABLE OFFENCES / RECOMMENDED PUNISHMENT- Misconduct
- Trades in any test or examination question papers or any test or examination material
- Attempt to bribe any person in respect of any test or examination to enable him/herself or another person to gain an unfair advantage therein
- Alcohol – drinking at campus/on campus outing, must not be under influence or any alcoholic substances.
Referred to SANCA
- Physical threat or assault on lecturer or learner
- Dangerous weapon – possession and or threatens to assault another person
- Murders any person
- Rape
- Engages in any sexual activity
- Drug possession – dealing/consumption
- Performing Satanistic practices on College grounds
- Theft
Expulsion
- Engage in Fraud
Printed copies of all QMS documents are uncontrolled. The latest revision is available on the College website: .