PROCEDURES FOR DISCIPLINARY HEARING IN RESPECT OF SERIOUS MISCONDUCT SCHEDULE 1 AND

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1 1 TOM NEWBY SCHOOL PROCEDURES FOR DISCIPLINARY HEARING IN RESPECT OF SERIOUS MISCONDUCT SCHEDULE 1 AND 2 (Compiled on 11 September 2013 from General Notice 2591 of 2001 and Schematic Exposition provided by GDE District Office EN) 1. The school Principal is the only school based official who is entitled to institute disciplinary action in respect of serious misconduct if: There is sufficient evidence to institute such proceedings and such disciplinary action is in the best interest of the school and its community. 2. Provisional suspension may be enforced from the time the charges have been laid until the results of a fair hearing have been finalised. (The Principal should consult with the HOD This restriction must still be confirmed as various sources seem to contradict each other). Provision must be made for the learner to be able to continue with schoolwork, or provision must be made to ensure that suspension does not impact negatively on curriculum deployment. 3. The Principal and Governing Body are not authorised to expel a learner. 4. Learners may not be expelled for Schedule 1 offences. 5. A learner charged with serious misconduct must be given no less than 5 school days written notice of the hearing unless: 6. The SGB directs, with good cause, that a shorter notice period shall apply and there is no prejudice caused to the learner by a shorter notice period. 7. At least one of the parents must accompany the learner to the hearing 8. If an interpreter is required and one is not available, then the hearing must be postponed until an interpreter is available. 9. If the learner fails to appear before the DC without just cause the hearing may continue in the absence of the learner. All Schedule 1 and 2 offences must be brought to the Principal s attention. The Principal initiates disciplinary action. If this action is deemed to require a Disciplinary Hearing because of the nature of the misconduct and provided sufficient evidence is presented and it is in the best interests of the school and/or its community then the procedures outlined in this document must be adhered to. Further information may be found in the source document: Notice 2591 of 2001 and The South African School s Act of 1996.

2 Prior to a Disciplinary Hearing. 2 Misconduct reported to Principal. Decision taken by Principal to conduct a Disciplinary Hearing. Written notification of intention to take disciplinary action is given to the learner and parents/guardians. No further action preceding disciplinary action. Notification of provisional or other suspension preceding disciplinary given to learner and parents/guardian. Principal notifies SGB chairperson of the need for a Disciplinary Hearing. SGB appoints a Discipline Committee comprising 3 people. SGB notifies Principal of a suitable date, place and time for the hearing. Principal prepares the Notice to attend a Hearing and delivers a copy to the parents of the learner.

3 The Disciplinary Hearing. 3 The Prosecutor (Principal or Deputy Principal): Introduces the persons present Asks whether an interpreter is required Ensures that a scribe is on hand to record proceedings Sets out the charge/s as stated in the Charge Sheet and presents the case against the learner. The Discipline Committee Chairperson asks the learner to plead guilty or not guilty. Guilty Plea 1. Chairperson questions the learner in order to satisfy the DC that the learner is guilty. 2. If this questioning leaves the DC with any doubt of the learner s guilt then the Chairperson must enter a not guilty plea on behalf of the learner. 3. If the DC is satisfied that the learner is guilty then the DC must officially find the learner guilty of the charge. Not Guilty Plea Prosecutor, under oath, leads/presents evidence or calls witnesses to present, under oath, in the following order: 1. Witness against the learner presents a statement or provides evidence. 2. The learner/learner representative cross examines the witness or examines evidence. 3. The DC cross examines the witness or examines evidence. 4. Witness for the learner presents a statement or provides evidence. 5. The prosecutor cross examines the witness or examines evidence. 6. The DC cross examines the witness or examines evidence. 7. The Prosecutor makes a final summation to the DC. 8. The learner/learner representative makes a final summation to the DC. The Discipline Committee adjourns the hearing for not more than 2 school days to a specified date, place and time in order to decide whether, on balance of probabilities, the learner is guilty or not guilty. At the date, place and time specified, the DC must inform the learner of the findings of the DC.

4 After the Disciplinary Hearing. 4 Guilty The prosecutor and learner or representative may present evidence relevant to an appropriate penalty (past conduct, special circumstances, etc.) Immediately after considering evidence presented, the DC must impose, on the learner, a penalty that is prescribed in terms of the Code of Conduct and in the best interest of the learner s development and school community. This penalty must be presented to the learner in writing. If expulsion and suspension are recommended then procedures outlined in General Notice 2591 of 2001 must be followed. Not Guilty Suspension, if in place, is lifted. Appeal The learner may appeal the finding or the sanction. No Appeal Implementation of sanction. This appeal must be made to the MEC within 14 days of notification of the finding and sanction. This notification must be made in writing and hand delivered together with the grounds for appeal.

5 5 SCHEDULE 1 (SERIOUS MISCONDUCT THAT MAY LEAD TO SUSPENSION) A learner will be guilty of serious misconduct if he or she, intentionally and without just excuse a) Seriously threatens, disrupts or frustrates teaching or learning in a class; b) Engages in a conspiracy to disrupt the proper functioning of the school through collective action; c) Insults the dignity of or defames any learner or any other person, which includes racist remarks; d) Distributes, or is in the possession of any test or examination material that may enable another person to gain an unfair advantage in a test or examination; e) Cheats in a test or examination or any other form of assessment such as assignments; f) Engages in any act of public indecency g) Sexually harasses another person; h) Is found in possession of or distributes pornographic material; or i) Is under the influence or in the possession of alcohol. SCHEDULE 2 (SERIOUS MISCONDUCT THAT MAY LEAD TO EXPULSION) A learner will be guilty of serious misconduct if he or she a) Is found guilty of misconduct as contemplated in Schedule 1 after having been found guilty of the same or similar misconduct on two previous occasions; b) Fails to comply with a punishment of suspension as a correctional measure; or c) Intentionally and without just excuse Forges any document or signature to the potential or actual prejudice of the school; Trades in any test or examination question paper or in any test or examination material; Attempts to bribe or bribes any per son in respect of any test or examination to enable himself or herself or another person to gain an unfair advantage therein; Engages in fraud; Engages in theft; or otherwise acts dishonestly to the prejudice of another person; Is in possession, of, consumes or deals in any illegal substance or other harmful substance; Is in possession of, uses or transmits narcotic or unauthorised drugs or on visible evidence of such possession, use or transmission; Is in possession of any dangerous weapon; Assaults or threatens to assault another person; Holds any per son hostage; Murders any person; Rapes any person, or engages in any sexual activity which amounts to an offence in law; or Maliciously damages property.