Code of conduct for learners
Code of ethics
I hereby solemnly commit myself to the Constitution of the Republic of South Africa, and undertake to respect, comply with and promote the law and the legal system.
I commit myself to:
- Live out the values of the school at all times;
- Adhere faithfully to this code of conduct and all the rules and regulations of Uitenhage High School;
- Maintain high moral and ethical standards;
- Strive for conduct that is responsible at all times and that does the school credit;
- Do my school work diligently, conscientiously and with dedication; and
- Display the necessary courtesy and respect towards all staff, fellow learners and visitors.
I subject myself to any disciplinary measure should I fail to comply with any provision or measure contained in the school‟s code of conduct.
(The school is free to insert more specific values here.)
SIGNED AT ON THIS DAY OF 20
5 of 31
Code and rules of conduct
This document is the code of conduct of Uitenhage High School, as approved by the governing body. The governing body has consulted the school’s parents, learners and educators on the content of the code of conduct. The code of conduct has been drafted in accordance with the relevant provisions of the Constitution of the Republic of South Africa, Act 108 of 1996; the South African Schools Act, Act 84 of 1996 (“SASA‟); the National Education Policy Act, Act 27 of 1996; Guidelines for a Code of Conduct for Learners (General Notice 776 in Government Gazette 18900 dated 15 May 1998); the Regulations on Devices to be used for Drug Testing and the Procedure to be followed (GN 1140 in Government Gazette 31417 dated 19 September 2008); Regulations for Safety Measures at Public Schools (GN 1040 in Government Gazette dated October 2001, as amended) and relevant provincial legislation.
Although the State is obligated to make education available and accessible, this must be enhanced by the dedication and commitment of responsible role players, namely educators, learners and parents. This code of conduct is intended to promote such dedication and commitment.
This code of conduct aims to establish a disciplined and purposeful school environment, which is dedicated to promoting and maintaining the quality of the learning process.
The code of conduct endorses the school’s mission statement.
Learners and their parents/guardians are expected to acquaint themselves with the school’s code of conduct and its provisions. As soon as learners are enrolled at the school, they are subject to the code of conduct, and must strictly adhere to it. Should learners transgress or violate the code of conduct, they will be acted against in accordance with the disciplinary procedure for learners.
3. Code of conduct
3.1 Learners shall be good ambassadors of the school, and shall conduct themselves in accordance with the school’s code of ethics at all times.
3.2 While wearing the school uniform, or any part thereof that is sufficient to establish a link with the school in the public eye, or while representing the school, either directly or indirectly, as participants, supporters, assistants, spectators or otherwise, learners shall refrain from any conduct that could bring the school, staff or their fellow learners into disrepute.
3.3 In their interaction with the principal, deputy-principals, educators and other staff of the school, learners shall be courteous and respectful at all times and shall refrain from any action that constitutes disrespectfulness or rebelliousness.
3.4 In their interaction with one another, learners shall practise self-restraint as far as possible, and shall display mutual respect and tolerance. In particular, learners shall refrain from any action aimed at harming, or that could possibly cause harm to, any other learner’s physical, spiritual and moral well-being. Any sexual or improper physical contact between learners on school grounds, or in any other place where they could be identified as learners of the school, is strictly prohibited.
3.5 A school educator shall have the same rights as a parent with regard to controlling and disciplining the learner according to the code of conduct, both during such learner’s school attendance as well as at any school activity.
3.6 Learners may not eat or drink in the classroom, school hall or library. The chewing of gum during school activities is prohibited.
3.7 In general, the use of cell -phones or any other electronic devices during school hours are strictly prohibited. Cell-phones may only be used in class activities under the supervision of the teacher. Calls may be made in emergencies only and only with the school principal’s permission.
3.8 The smoking, possession, trading and/or use of tobacco products, nicotine containing products, e-cigarettes, liquor, other alcoholic substances or drugs during any school activity, or when learners are dressed in school uniform, is strictly prohibited.
3.9 The possession, display, distribution, creation, manufacture or production of pornographic material in printed, electronic or any other format, during any school activity or when learners are dressed in school uniform and identifiable as learners of the school by the public, is prohibited.
3.10 In case of a reasonable suspicion that learners have violated this code of conduct or the laws of the country, the school principal or an educator is entitled to search such learners and/or the property in their possession for any dangerous weapons, guns, drugs or other harmful and dangerous substances, stolen goods or pornographic material that the learners may have brought onto the school grounds. Throughout, learners‟ dignity will be respected, and therefore, the search will be conducted in private, by persons of the same sex, and in the presence of another person. The search process and outcome must be recorded.
3.11 Any conduct that unfairly prejudices the administration, discipline or efficiency of the school shall be regarded as a violation of this code of conduct.
3.12 A conviction of a criminal offence in a court of law shall be regarded as a violation of this code of conduct.
3.13 Transgressions that may lead to suspension and/or expulsion include but are not limited to:
- possessing, threatening with or using dangerous weapons;
- the possession, use, trading or any visible sign of narcotic or unauthorised drugs, alcohol and intoxicating substances of any nature;
- fighting, assault or abuse;
- indecent behaviour or swearing;
- adopting or assuming a false identity;
- harmful graffiti, hate speech, sexism or racism;
- theft, or the possession of stolen goods, including the theft or possession of test or examination papers before such test or examination has been conducted;
- unlawful conduct towards and/or vandalising, destroying or damaging school property;
- disrespectfulness, offensive behaviour and verbal abuse aimed at educators or other school staff or learners;
- repeated violations of school rules or this code of conduct;
- criminal and oppressive behaviour, such as rape and gender-based harassment;
- victimisation, bullying and intimidation of other learners;
- the transgression of examination rules; and intentionally and knowingly providing false information, or forging documents, in order to obtain an unfair advantage.
4. Class rules
4.1 In addition to the following standard rules listed below, the class educator shall formulate class rules upon the adoption of this code of conduct, and at the beginning of each ensuing school year.
4.1.1 Standard class room rules are as follows:
- Everyone has the right to learn without interference from others;
- Be on time at the beginning of the day and after breaks.
- Be kind, polite, and courteous to others.
- Be respectful of classmates, teachers, and property.
- Listen to the teacher, and follow instructions promptly.
- Work hard, and always do your best.
- Raise your hand when you would like to speak in class or if you need to leave the classroom for any reason (e.g., going to the toilet, visiting the office, etc.)
- Obey all other school rules.
4.2 The class rules must be compiled in writing and –
4.2.1 be displayed in a legible format in a prominent spot in the classroom; and
4.2.2 be made available to all learners and their parents
4.3 Learners are expected fully and promptly to comply with the class rules as well as any verbal instruction given by the class educator or any staff member that is reasonably essential to give effect to this code of conduct and/or for the sound and professional management of the school.
4.4 Any violation of the class rules shall be regarded as a violation of this code of conduct and school rules.
5. Rules with regard to appearance and school wear
5.1 School wear
5.1.1. Learners shall at all times wear the official school uniform to school and when specified at certain school functions.
5.1.2. No multi-coloured jerseys, scarves, jackets, caps, rings, earrings, tekkies or various types of boots shall be worn to school.
5.1.3. The school tracksuit does not form part of school uniform and is only allowed for sports and cultural events.
5.1.4. Where and when the principal grants permission for the wearing of clothing other than the school uniform (this includes “Civvies Days”), such clothing shall not draw unnecessary attention by revealing nature. Such clothes must conform to a standard of good taste determined by the principal.
5.1.5. The following specific provisions shall apply to learners’ hair:
a.) Girls hair:
- Any adornment or exotic hairstyles or hair sizes which draw unnecessary attention will not be allowed.
- Girls with hair that can be tied back must have it tied back neatly.
- Dyeing of hair (peroxide, “highlights”, “streaks”) will not be allowed.
- Plaited braids must be a natural size (and length) and a solid natural colour (brown or black) and may not display any
- accessories. Braids must be neatly tied back.
- Only black head bands and natural colour clips and elastics are allowed.
e.) Boys hair:
- Can’t touch eyebrows (If pulled down)
- Hair can’t touch ears (over ears) or go over the collar
- May not be longer than 2cm (if pushed up)
- Hair may be two levels; however, it must fade in.
- Sideburns may not extend further than mid-ear.
- No line in hair (cut lines)
- No colours in hair
- No excessive levels in hair (gradual fade)
- Hair must be neat at all times
- No form of hair spiking
- Face should be shaven at all times
5.1.6. Only learners who have applied in writing with a supporting written request from their parents/ guardians and received the necessary permission from the School Governing Body, may deviate from official School uniform for religious and cultural reasons.
5.1.7. No learner shall attend school wearing any form of facial make-up. No coloured lip balm is allowed.
5.1.8. No learner shall attend school with nails or hands that have been coloured or painted, unless it is for religious purposes.
5.1.9. No graffiti shall be allowed on school uniform, or any part of the learner.
5.1.10. Clothing rules
Boys: Winter * (Term 2 and 3):
Grey school pants, white short/ long sleeve shirt, grey school socks, black school shoes, school tie, blue jersey, navy blue school blazer, navy blue or black anorak
Summer (Term 1 and 4):
Grey school shorts/ pants, white short/ long sleeve shirt, grey school socks, black school shoes, school tie, blue school jersey, navy blue school blazer, navy blue or black anorak (Optional)
School shoes – conservative black school shoes (lace-up only). No boots or slip-ons. No suede or fabric shoes. “If you cannot polish them, do not buy them”. Shoes with pointed toes are not permitted.
Girls: Winter * (Term 2 and 3):
Blue check school dress (the length of the school dress must not be shorter than four fingers above the knee) or grey pants, blue school jersey, navy blue blazer, black opaque pantyhose or long blue socks and black school shoes. No socks may be worn over or under the pantyhose, navy blue or black anorak (Optional on rainy days but does not replace the blazer).
Summer (Term 1 and 4):
Blue check school dress (the length of the school dress must not be shorter than four fingers above the knee), blue school jersey, navy blue school blazer, long blue socks, white school socks and black school shoes, navy blue or black anorak (Optional on rainy days but does not replace the blazer).
*Beanies and scarves do not form part of Uitenhage High School’s prescribed school wear.
5.1.11 The governing body may use its own discretion to grant permission for learners to wear civilian clothes to certain events. Such clothes must be neat and proper.
6. Sports and extracurricular activities
6.1 Participants in sports and extracurricular activities
6.1.1 Learners who are selected to represent the school as participants in any sports or other extracurricular activities must be dressed in the sportswear, school wear or other prescribed clothing as determined by the educator responsible for the activity concerned, both during and after participation in such activity.
6.1.2 All learners who participate in the aforementioned activities shall be loyal to the school and fellow participants. In particular, participants must report promptly and on time at the venue of the activity or the venue from where participants depart to the activity. Learners who have been selected to represent the school in an activity may only be excused from attendance if a written apology is handed to the sports or cultural head in advance. Unforeseen absence from an activity will only be excused if the sports or cultural head receives a written apology no later than three days following the relevant activity.
6.1.3 Learners who represent the school at sports activities will at all times be courteous towards, and comply with the rulings, prescripts and instructions of:
220.127.116.11 the sports head and the educator involved in the relevant sports code;
18.104.22.168 the referee or adjudicator with regard to the relevant activity; and
22.214.171.124 the team captain.
6.1.4 Although it is assumed that learners who participate in sports activities shall do so with commitment and dedication, such learners are expected also to practise self-restraint and self-discipline. In particular, no learner may display bad sportsmanship, use foul or offensive language, get involved in fights or incidents, or engage in any foul or improper play.
6.2 Spectators and supporters at sports and other extracurricular activities
6.2.1 Apart from their duty to comply with the provisions of this code of conduct, all learners attending any school activity as spectators or supporters shall also refrain from any disruptive, improper, rebellious, unnecessarily inciting or indecent behaviour. In particular, learners may not respond negatively to any ruling by an adjudicator or referee.
6.2.2 Learners who attend any school activity as spectators or supporters shall abide by and obey any instructions and directives they receive prior to, during and after the activity concerned from the principal, any educator, member of the Representative Council of Learners (RCL), prefects, or parents appointed by the principal to assist with the transport, supervision or control of learners who need to be transported to and from the activity concerned, or who attend the activity.
6.2.3 The abovementioned rules equally apply to any participation in any extracurricular activity apart from sports activities, except cases on which the rules obviously have no bearing.
7. School property
7.1 School property‟ includes the following:
7.1.1 The grounds and buildings occupied by the school, as well as any permanent addition to such grounds and buildings
7.1.2 All other property, including equipment, books, stock, motor vehicles and the like that the school owns, rents or stores, or with regard to which the school could be held legally liable in case of any damage or loss
7.2 As the school has been developed and erected for the use of all learners who attend it, all learners are obligated to do everything in their power to protect the school’s property in order for it to be utilised to the benefit of all current and future learners of the school.
7.3 No learner may remove any school property from the school grounds without the prior consent of the principal or an educator of the school.
7.4 Learners may not handle, damage, mark, deface or destroy any property of the staff of the school, fellow learners, visitors to the school, or members of the public. This rule applies to property on the school grounds, in the immediate vicinity of the school, at or near the venue of any school activity, as well as any vehicle with which learners are transported, and the property contained therein.
7.5 Learners may not damage, deface or destroy any school property. Any learner who deliberately misuses, damages or vandalises any school property shall replace or pay for such property. Destruction of and/or damage to property is a criminal offence.
8. The Prefects and Representative Council of Learners (RCL)
8.1 The prefects and RCL, in conjunction with the staff of the school, are responsible for general school discipline.
8.2 Prefects and RCL members shall bring transgressing learners to the staff of the school; where after line functions will be followed.
8.3 All learners shall obey any reasonable instruction from a prefect or member of the RCL, and shall support and cooperate with the prefects and RCL members in properly executing their duties.
9. School notices
9.1 All learners are obligated to hand to their parents all school notices that were distributed to learners for such purpose by the governing body, principal or an educator of the school, as well as promptly return to the class educator any acknowledgement of receipt that was to be completed by the parents.
10. School work and homework
10.1 There shall be an orderly atmosphere in the classroom at all times. Learners may not disrupt or hinder teaching.
10.2 Learners must promptly carry out instructions in class.
10.3 All learners must have and maintain such homework book as may be required by the principal or class educator.
10.4 All learners must do their prescribed homework and promptly return it to the relevant educator by the due date. Failure to comply with this rule shall be excused only if, on the day on which the homework was to be completed, the learner hands to the educator a written note from his/her parents with an acceptable excuse for such failure.
10.5 All learners must do their prescribed homework enthusiastically, diligently and with dedication in order to develop a consistent work ethic. Failure to comply with this rule without an acceptable excuse shall be regarded as a transgression of this rule.
10.6 Learners are obligated to catch up as soon as possible on any work that they have missed.
10.7 Learners shall move swiftly and in single file from one class to the next. Chatting in groups or visits to the restroom between classes are not allowed.
11. Tests and examinations
11.1 All learners are obligated to abide by the tests and examinations that educators may require. Failure to comply with this rule shall be excused in exceptional cases only, provided that the parents of the learner concerned supply the principal with a full and acceptable written explanation at the earliest possible opportunity.
11.2 Learners shall refrain from any form of dishonesty when tests and examinations are conducted.
12. Motor vehicles and motorcycles
12.1 Learners may not bring motor vehicles or motorcycles onto the school grounds, unless he/she has the prior written consent of the principal or another staff member duly nominated by the principal, and unless he/she promptly complies with any conditions imposed together with the aforementioned consent. If a learner does not have the necessary consent when asked to present such by any member of the staff, governing body or RCL, or a prefect, it will be assumed that he/she does not have such consent, until proved otherwise.
12.2 The driving of a motor vehicle or motorcycle by a learner in a way that poses a risk or possible harm to other learners on the school grounds, or other learners and members of the public in the immediate vicinity of the school grounds, is strictly prohibited.
12.3 Learners shall adhere to traffic rules on and around the school grounds.
12.4 All motor vehicles, motorcycles and bicycles are parked at own risk on and around the school grounds.
13.1 Learners are expected to arrive on the appointed time at the beginning of the school day and the start of any other school activity. When learners arrive late, they must provide a written apology from their parents. Learners who arrive late must first report to the office before proceeding to their particular class.
14. Absence from school
14.1 Learners may be absent from school in exceptional cases only, and only with the written consent of the principal, or his/her representative if the principal is not available.
14.2 When any learner is absent from school without an acceptable excuse, it shall be regarded as truancy, which is strictly prohibited.
14.3 Learners who are absent from school for one to three consecutive days must upon their return to school submit a written explanation by their parents. Absence for more than three consecutive days shall be excused only if a certificate from a registered medical practitioner is submitted, except in the case of death or trauma in the learner’s family, or another reason approved by the principal.
15.1 Learners have the right to a safe environment and school that are conducive to education.
15.2 Learners may not litter on school grounds or in school buildings.
15.3 Learners who attend any school activity as spectators or supporters are expected to leave the grounds they have occupied in a neat and clean condition, and must ensure that all litter is picked up and placed in garbage bins.
15.4 Learners must leave restrooms in a clean condition.
15.5 Any action or failure by learners that constitutes or could constitute a health risk to other learners must be avoided.
15.6 The application of slogans (graffiti), stickers, posters and the like to any surface at the school is strictly prohibited, unless it is done with the principal’s consent.
15.7 Learners shall comply with any reasonable instruction from the principal, any educator, RCL member or prefect with regard to maintaining a clean and hygienic school environment.
16. Exemption from provisions of the code of conduct
16.1 Learners may submit a written application to the governing body for total or partial exemption from one or more of the items contained in the code of conduct based on cultural, religious or medical grounds.
16.2 Such application must include full reasons as well as confirmative evidence. Therefore, the onus of proof still lies with the learner to substantiate the application for exemption.
16.3 Applications for exemption will be considered at the start of the school year only, unless the applicant can prove that the matter is urgent or necessitated by a change in circumstances.
16.4 In considering an application for exemption, the governing body shall be entitled to obtain any information that it deems necessary for a fair adjudication of the application.
16.5 The governing body shall consider the application for exemption with the necessary earnestness, objectivity and responsibility, and within the framework of the Constitution and court judgements, and will inform the learner of its decision in writing.
17. In case of a violation of any provision in this code of conduct the prescribed disciplinary procedure shall be followed.
SIGNED AT _______________ ON THIS _________ DAY OF __________
_______________________ Governing body chair
______________________ School principal
17. Disciplinary System
17.1 Where the legal authority for the control and discipline of learners is vested in the School Governing Body of the school, the Governing Body of Uitenhage High has authorized the following persons to exercise the authority on its behalf :
(a) The principal of the school.
(b) The deputy principals (Head of discipline)
(c) The members of the teaching staff.
(d) Learners empowered at the discretion of the principal. (Prefects and RCL members).
17.2 The School Disciplinary Committee shall act on behalf of the Governing Body in (the implementation of discipline) when the principal is of the opinion that a learner’s conduct falls within their jurisdiction.
17.3 All learners will abide by the discipline system that has been developed to assist and guide learner behaviour in the School.
18. Procedure for disciplinary action against learners
18.1 In case of a violation of any provision prescribed in the code of conduct for learners, this disciplinary procedure is to be followed.
18.2 Grading of offences
18.2.1 In order to enforce this disciplinary procedure, offences are graded according to the nature and degree of seriousness of the offences, of which Grade 4 offences are the most serious.
See Annexure A, Table 1 for a list of the offences making up each of the Grades 1, 2, 3 and 4.
18.2.2 The grade of an offence will determine the procedure to be followed:
18.3 Grade 1 offence – all grade 1 offences are dealt with the school’s D-Merit system. (see ANNEXURE B)
18.3.1 D-Merit system and procedure to follow:
18.3.2 A teacher may issue a D-Merit to any learner who transgresses in class.
18.3.3 The notifications will be forwarded to the D-Merit administrators for capturing.
18.3.4 The administrators will produce a list of all those who qualify for Detention.
18.3.5 The learner will attend detention on a day determined by the head of discipline, unless the head of discipline gives permission for a postponement. If the learner attends the detention, his/her D- Merit points will be credited. If a pupil disrupts the Detention session, he will be sent home and no credits will be awarded. He/she is then placed on the next detention list and will be charged with a Grade 2 offence.
18.3.6 The administrators will record the names of those who attended the detention session and hand this list to the head of discipline.
18.3.7 Any learner who fails to adhere to the rules will be required to attend special progressive detention on dates determined by the head of discipline. Learners may also be required to attend these sessions if they commit more serious offences.
18.3.8 A learner who accumulates 15 level 1 D-Merit points will be guilty of a Grade 2 offence.
18.4 Grade 2 offences – All Grade 2 offences will immediately be referred to the Head of discipline together with an incident report (see Annexure C) from the teacher/prefect/ RCL member in whose presence the incident occurred or was first reported to.
18.4.1 A learner who makes himself guilty of a Grade 2 offence will be issued with a verbal warning and placed on the detention list. A signed copy of acknowledgement will be kept on record and communicated to the parent/guardian. (See Annexure D)
18.4.2 A learner who makes himself guilty of a second Grade 2 offence will be issued with a first written warning and placed on the detention list. The learner’s parent/guardian will be called for a meeting. The learner and his/her parent/guardian will sign an acknowledgement which will be kept on record. Other punitive measures may also be applied.
18.4.3 A learner who makes himself guilty of a third Grade 2 offence will be referred to appear before the school’s disciplinary committee together with his/her parent/guardian. The learner will be issued with a second written warning and placed on the detention list. The learner and his/her parent/guardian will sign an acknowledgement which will be kept on record. Other punitive measures may also be applied.
18.4.4 Should another Grade 2 offence recur after the issuing of a second written warning and a disciplinary hearing has occurred, the learner will be guilty of a Grade 3 offence. The Disciplinary Committee will refer the matter to a tribunal hearing of the School Governing Body. The parent/guardian will be advised in writing, a minimum of five (5) days before the designated date that a tribunal hearing has been convened.
18.5 Grade 3 offence – All Grade 3 offences will immediately be reported to the Head of discipline as well as the school principal. When a learner is suspected or alleged to have committed a Grade 3 offence, the school principal may appoint an investigating officer. The latter will collect information for the school principal to decide whether a school governing body disciplinary hearing is warranted. The parent/guardian will be advised in writing, a minimum of five (5) days before the designated date that a hearing has been convened.
18.6 Grade 4 offence – All Grade 4 offences will immediately be reported to the Head of discipline as well as the school principal. When a learner is suspected or alleged to have committed a Grade 4 offence, the school principal may appoint an investigating officer. The latter will collect information for the school principal to decide whether a school governing body disciplinary hearing is warranted. The parent/guardian will be advised in writing, a minimum of five (5) days before the designated date that a hearing has been convened. In addition to the disciplinary hearing, the matter may also be referred to the South African Police Service.
Based on reasonable grounds and intended as a precautionary measure, the governing body may suspend a learner from attending school for up to seven school days if such learner is suspected of having committed serious misconduct (Grade 3 and 4 offences).
20.1 The following official forms will be used for misconduct and disciplinary hearings:
• Written warning (disciplinary warning form) (Annexure E)
• Final written warning (Annexure F)
• Notice of disciplinary hearing (Annexure G)
• Outcome of disciplinary hearing (Annexure H)
• Review form (lodging of appeal) (Annexure I)
20.2 Written notice of a disciplinary or tribunal hearing will be given at least five (5) School days before the hearing, which could imply temporary suspension from classes, excluding formal scheduled tests and examinations which count towards the year mark. The notice must contain sufficient information on the date, place and nature of the alleged transgression.
20.2.1 When a notice is issued to a learner the learner must acknowledge receipt of notice by signing for it. This is not an admission of guilt.
20.2.2 The learner must be assisted by his/her parent or a person appointed by the parent. In case of major transgressions, the learner is entitled to representation by a legal representative or any person who is appointed by the parent of the learner. No other persons, apart from those mentioned above, may attend the hearing on behalf of the accused learner.
20.2.3 The School governing body is to appoint a disciplinary committee that will hear the case. The appointment of persons to a disciplinary committee is subject to the following conditions:
- The chairperson of the disciplinary committee must be a parent member or community member of the governing body;
- the principal or a learner at the school are not eligible to be members of the disciplinary committee; and
- 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 hearing.
- persons from outside the school may also be appointed to the disciplinary committee
20.2.4 A decision of such disciplinary committee is a decision of the governing body.
20.2.5 The other persons to form part of the hearing will be as follows:
- the School Principal or Discipline Officer delegated to oversee this function who will when necessary provide guidance on the procedure to be followed (this person may not be the complainant);
- A representative of the school appointed by the principal to act as prosecutor.
21. Procedure during hearings
21.1.1 The Chairperson of the disciplinary committee must lead the proceedings and:
Introduce those present and state their functions.
Ensure that witnesses are present only while giving their evidence.
21.1.2 The Chairperson must inform the learner of his rights:
The right to a formal hearing.
The right to be present at the hearing.
The right to be given time to prepare for the hearing case.
The right to be given advance notice of the charges.
The right to be represented at the hearing by one (1) internal representative.
The right to be accompanied at the hearing by parents/guardian if the learner is a minor.
The right to ask questions on any evidence produced, or on statements of witnesses.
The right to call witnesses to testify on his/her behalf.
The right to an interpreter, to be requested 24 hours prior to the hearing.
The right to appeal within five (5) school days against any penalty imposed by the disciplinary committee.
21.1.3 Should a learner not attend the hearing at the specified date and time, the school may proceed in his absence.
21.1.4 The Chairperson is to explain the nature of the alleged breach or misconduct to those present at the hearing.
21.1.5 The prosecutor must set out the charge against the learner and thereafter present the facts of the case against the learner.
21.1.6 The chairperson of the disciplinary committee must ask the learner whether the learner pleads guilty or not guilty to the charge. The learner must respond thereto. Should the learner fail to respond, the learner will be deemed to have pleaded not guilty to the charge.
21.1.7 If the learner pleads guilty to the charge –
126.96.36.199 The chairperson must question the learner with reference to the alleged 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;
188.8.131.52 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;
184.108.40.206 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.
21.1.8 If the learner pleads not guilty to the charge
220.127.116.11 the prosecutor may call witnesses or present other evidence in respect of the allegations against the learner;
18.104.22.168 the learner or the representative of the learner may question any witness and examine any evidence presented by the prosecutor;
22.214.171.124 after all the evidence has been led against the learner, the learner or the representative of the learner may call witnesses or present other evidence in support of the defence;
126.96.36.199 the prosecutor may question any witness and examine any evidence presented on behalf of the learner;
188.8.131.52 the disciplinary committee may question any witness or examine any evidence at any time;
184.108.40.206 When all the evidence has been heard, The Chairperson must close the hearing; dismiss the complainant, the accused, their representatives, the parent/guardian and all the witnesses.
21.1.9 The Disciplinary Committee must discuss and weigh the evidence and come to a decision.
21.1.10 The Chairperson must reconvene all interested parties.
21.1.11 The Chairperson is to communicate the decision of The Committee.
21.1.12 The Chairperson will then allow the complainant and learner to present aggravating or mitigating circumstances.
21.1.13 The Disciplinary Committee will then consider the aggravating or mitigating circumstances.
21.1.14 The Chairperson must explain the decision of The Committee and the reasons for the penalty (if any) that has been imposed.
21.2 Finding and sanction
21.1.15 In case of a guilty finding, the disciplinary committee’s ruling, including the imposed sanction, must be communicated in writing to the learner and his/her parents as well as the prosecutor within a maximum of five school days.
21.1.16 Despite any guilty finding and sanction imposed by the governing body, any stakeholder may refer any transgression of the code of conduct that may constitute a criminal offence to the South African Police Service for investigation.
22. Internal appeal
22.1 A party who is aggrieved with the outcome of disciplinary proceedings before the governing body’s disciplinary committee shall be entitled to appeal in writing to the chair of the governing body against the guilty finding, imposed sanction, or both, within 24 hours of receiving written notice of the outcome.
22.2 The notice of appeal must clearly outline the grounds for the appeal.
22.3 The chair of the governing body must appoint an appeals committee within 24 hours of receiving the notice of appeal, which committee must consist of a member of the governing body as chair, and at least two other experts. The members of the disciplinary committee who had heard the matter may not serve on the appeals committee as well.
22.4 The chair of the governing body must hand the notice of appeal to both the chair of the appeals committee and the other party to the proceedings before the disciplinary committee, and must ensure that the record of the disciplinary proceedings be made available to the appeals committee.
22.5 Within 24 hours of receiving the notice of appeal, the other party shall be entitled to make representations in response thereto to the chair of the appeals committee.
22.6 In considering the appeal, the appeals committee shall be restricted to considering the record of the proceedings before the disciplinary committee, the notice of appeal, and any representations that the other party may submit.
22.7 Any party who wishes to submit to the appeals committee for its consideration any evidence that does not form part of the record of proceedings before the disciplinary committee, must apply in writing for permission to the chair of the appeals committee. In case of the appellant, such application must be contained in the notice of appeal, and in the case of the other party, application must take place within 24 hours of receiving the notice of appeal.
22.8 The application to submit new evidence must contain a full explanation why the evidence had not been available or tabled during the disciplinary proceedings, must outline the nature of the evidence, and must explain in what way the evidence bears reference to the consideration of the appeal.
22.9 The appeals committee must announce its decision to the parties in writing within seven school days of receiving the notice of appeal.
22.10 In considering the appeal, the appeals committee may:
a) set aside or uphold the disciplinary committee’s guilty or not guilty finding and/or imposed sanction;
b) impose an alternative sanction (including a heavier sanction); and
c) deliver any other ruling that the appeals committee deems fair and just under the circumstances.
23. General provisions
The governing body is expected to keep proper record of the disciplinary proceedings. For this purpose, the governing body may appoint a person to minute or electronically record the proceedings. SIGNED AT ________________ ON THIS
_______________ DAY OF ________
___________________________Governing body chair
___________________________ School principal
1. Levels of misconduct (Annexure A)
2. Demerit system (Annexure B)
3. Incident report (Annexure C)
4. Level 2 offence record (Annexure D)
5. Written warning (Annexure E)
6. Final written warning (Annexure F)
7. Notice of a disciplinary hearing (Annexure G)
8. Notice of the outcome of a disciplinary hearing (Annexure H)
9. Plea and sentence agreement (plea bargain)