Dainfern College Preparatory School Disciplinary Policy

(outlining Disciplinary Procedures and Disciplinary Measures for Learners, Management, Educators & Parents)

CONTENTS (Revised January 2010)

Section One: Introduction & Objectives

Section Two: Code of Conduct

Section Three: Disciplinary Procedures & Procedures

Section Four: Formal Disciplinary Process

Section Five: Review Process

Section Six: Collective Disciplinary Action

Section Seven: Disciplinary Sanctions & Suggested Consequences

The contents of this guideline are School confidential and should not be distributed or made available to persons not associated with the School.

Section One: Introduction & Objectives

The School fully supports the principles of Fair Discipline and the consistent application of appropriate and corrective disciplinary measures where necessary.

This procedure for learners indicates the broad standards of behaviour that are expected of all learners at the School, and encourages a responsible and self-disciplined approach, rather than a punitive one based on fear. Should expected norms of conduct not be met by any learner, corrective action will be initiated by the School’s management. Corrective action may or may not include the application of formal disciplinary measures, any formal steps only being applied to prevent further occurrences of unacceptable behaviour or to restore the educator/learner relationship.

Further, the Procedure and Code are documented and issued to ensure that corrective action and discipline are administered consistently, promptly and fairly. This Procedure and Code are considered to be an important element of Dainfern College Preparatory School’s Code of Conduct and are applicable to all learners. It should also be noted that this document may also have a bearing on the behaviour of the learner outside of normal school hours, should the learner’s conduct impact negatively on the educator/learner relationship or bring the School’s reputation into disrepute.

The maintenance of discipline and ensuring orderly classroom behaviour are an integral part of every educator’s job. The onus therefore lies with the School’s educators and management to apply this procedure in an effective and equitable manner, in the interests of the well-being of the School and all its stakeholders.

This document will be made readily available to every educator at the School, and every learner or parent wishing to view the procedure.

Please note that this procedure is not intended as an exhaustive guideline to cope with every discipline-related issue. Rather it is intended to indicate fundamental values and principles according to which corrective action and discipline are to be effectively implemented by the School.

Section Two: Discipline with Dignity – A Culture of Respect

In the School context, educators, parents and learners have responsibilities. To sustain a healthy learning environment, it is important that these parties to the educational relationship acknowledge their respective responsibilities.

Educators at the School undertake to:

• Be punctual, well prepared and professional in their approach to education.
• Manage learner performance effectively and motivate learners to achieve realistic and meaningful personal goals.
• Be sensitive to the needs of their learners and address learning difficulties in a positive manner.
• Praise, encourage, recognise and reward learners who strive to achieve.
• Create a classroom climate that is based on a learning partnership which makes education both relevant and stimulating.
• Set a positive example for their learners to follow.
• Administer discipline correctively, with dignity and remain fair.

The School prides itself on having good relations with the parents of learners. While parents must expect the School and its educators to provide the best education possible with the resources available to the School, parents must also accept responsibility for helping the School achieve this goal.

Parents have the responsibility to:

• Actively support the efforts of the School and its educators to teach their children.
• Involve themselves to the fullest possible extent in School activities.
• Make positive suggestions and contributions to improve the School’s education process and the learning environment.
• Encourage their children to participate fully in school and extramural activities.
• Participate in the learning process and assist their children with homework, provide encouragement, check results and communicate freely with the School.
• Not expect the School to meet their child’s every need and work with the School to overcome any learner behaviour that negatively impacts on the learning environment.
• Ensure that the learner is in attendance at all compulsory attendance functions and activities, and that School timekeeping requirements are observed.
• Support the disciplinary structures and procedures of the School in the interests of maintaining an orderly and positive educational environment.
• Sports and Cultural Fixtures: Parents/guardians are expected to conduct themselves courteously and refrain from making disparaging remarks about referees, judges, coaches or players. Coaching from the side or interfering with coaches is not permitted and good play should be applauded and encouraged by both sides.
• Always address disciplinary issues through the School and never confront another parent’s child independently.

The School does recognise that every learner does have the right to education. The School does strive to provide educational opportunities that its learners and the community deserve. Learners themselves must, however, also recognise that they have responsibilities to their parents, the School, educators, their fellow learners and themselves.

Dainfern College expects its learners to:

• Comply with instructions given by educators and /or the Principal and the Code of Conduct of the School.
• Complete all work neatly and punctually.
• Take pride in their appearance and to dress appropriately.
• Be self-disciplined and to take responsibility for their actions.
• Adopt a high standard of ethics, morals and honesty.
• Behave responsibly and not endanger the safety and welfare of others and behave in a decent manner at all times.
• Respect and care for the property of the School and others.
• Maintain sound relations with others at School, be courteous and respect the dignity and self-worth of others.
• Be punctual and observe the timekeeping practices of the School.
• Demonstrate a positive attitude towards the opportunity to learn, and be diligent in their efforts to learn.
• Accept legitimate consequences and disciplinary action taken against them as being both necessary and corrective.
• Take care of the environment (not litter or commit wilful damage to property, e.g. graffiti).

Rights and Responsibilities of Learners

Respect for Adults

• Adults are to be addressed as Sir or Ma’am or Mrs/Miss/Mr… if the person’s surname is known.
• Learners are to stand and remove their hats/caps when greeting or addressing adults, and must not have their hands in their pockets.
• Learners are to stand up quietly and to greet any adult who comes into their classroom. This includes the support staff at the College. (Please note that some of the support staff prefer to be greeted by their first names and this is acceptable in these cases only.)
• Visitors to the College are to be greeted and must be treated with the utmost respect.
• The authority of the educators is to be respected. Any sense of injustice or strong disagreement must be addressed in an appropriate fashion.
• The academic, administrative, catering and support staff are to be treated with the utmost courtesy.

Respect for the Image of the College

• Learners are to wear full school uniform at all School functions unless instructed otherwise by the Principal. This includes all public functions associated with the School.
• No mixing of uniforms is permitted, that is: tracksuits are only worn as a sports uniform or as a winter dress for Grades 1 - 6 and as a unit. No tracksuit tops with formal school uniform - jerseys, blazers are required for Grade 7s. Physical Education kit as per uniform list.
• Regulation school shoes are required. No slip-on shoes permitted.
• When learners appear in public, e.g. shopping centres or walking to and from school, they must wear either full school uniform or be in civvies. They may not wear only part of the uniform.
• Learners’ hair must be in accordance with guidelines. No outlandish styles. No gel, highlights or dye/colour rinses. Boys’ hair is to be short, neat and tidy (not touching ears, not bushy or sticking up on top and in front and not touching collar at the back). Girls’ hair is to be tied back and clipped out of eyes. Hair accessories – yellow tartan, navy or white hairbands or material scrunchies.
• Jewellery: girls may wear plain silver or gold studs or sleepers (normal size). Only one earring may be worn in each ear. Boys are not permitted to wear earrings. No other jewellery is permitted. Religious symbols may only be worn with permission from the School beneath school clothing and may not be at all visible. Make-up of any nature is not permitted.
• Grade 7 learners are required to wear blazers when attending official school functions and formal assemblies.
• Hats are to be worn for all outdoor activities and breaks.
• Learners are to strive to achieve their best, both academically and extramurally and are required to excuse themselves if unable to attend practices/events.
• Dainfern College learners are to accept praise graciously, to give praise generously and to accept constructive criticism.
• The behaviour of our learners towards learners, staff and parents from other schools must be such that the reputation of Dainfern College is never compromised. They are expected to be gracious hosts and courteous guests.
• Intimidation or initiation of any sort (physical or emotional) is a serious offence and will not be tolerated.
• No chewing of gum, swearing, slouching, bullying in all its forms (‘dissing’ and/or malicious teasing), racism or lack of courtesy is permitted.
• The storage, creation of, sale or distribution of pornographic, obscene or offensive material, publications, symbols, email, text, SMS/MMS/cartoons or objects is not permitted whilst on School property or attending any School-related activity whilst off campus.
• Using email, text, SMS or MMS to abuse another or discredit another person is not permitted.

Respect for Others

Learners are expected to show respect for their educators and their fellow learners by:

• Contributing to a positive working environment: Learners must bring the correct books to school; line up outside the classroom; get their books out quickly and quietly when they enter the classroom; concentrate and participate in the lessons; ask questions; use their homework diaries; do their homework every day; learn thoroughly for their tests.
• Being punctual for all school activities and not being absent unnecessarily: Learners must arrive for school on time and be punctual for all lessons. All learners must remain on the School grounds during School hours and may only leave the School grounds with a parent/guardian or the person designated by the parent/guardian to be responsible for such learner having obtained a gate pass from the relevant educator, or when under School control during any School excursion, sporting event, tour, activity or outing. In the event of illness, the School must be notified before 08h00 that morning or a letter must be sent when returning to School and/or a doctor’s note should be sent upon return to School should absences exceed two days. Learners must be present at all lessons and games sessions and may only absent themselves with the express permission of the relevant educator and/or member of staff. A doctor’s note is required if a learner misses a summative assessment.
• Attending all practices, matches and functions in those activities to which they have committed themselves. Should learners be unable to attend, they must make their apologies in writing well before the event. There are some days which are compulsory to attend such as InterHouse Sports or Founders’ Day celebrations. If games or activities are interrupted because of bad weather, the learners will be supervised until normal finishing time or may be collected early by arrangement with the staff member in charge.
• Complying with the following general requests: All classrooms are out of bounds at breaks and between 13h35 and 07h35 unless an educator is present. There may be no running between school buildings along any corridors. Earth, stones or sticks may not be thrown. Learners are not allowed in the Media Centre, computer rooms, classrooms or staff room without an educator being present.
• Respecting the religious convictions of others. Learners are to be quiet at assemblies and during morning prayers and readings and show the necessary respect. No disparaging remarks are to be made about other religions.
• Respecting individual differences: Learners must not reject or denigrate on the basis of differences of race, religion, background, ability or any other factor. Physical or verbal abuse will not be tolerated.
• Respecting people of the other gender: Boys must apply the ‘Ladies First’ rule and girls must accept this courtesy graciously. Learners must not swear or use foul language. ‘Lingering physical contact’ is inappropriate when in school uniform, at school, on school outings, or when representing the school in any way.
• Respecting the achievements, interests and convictions of others: Learners should celebrate the success of fellow learners in the classroom and on the sports field and thank educators and coaches.
• Respecting the dignity of others: No insulting the dignity of others via electronic media, for example cell phones, the Internet, or any other means, will be permitted.

Respect for Property

• Tampering with school property, e.g. computer systems, security codes etc. is not permitted.
• Learners must not deface the desks and must leave the toilets and changing rooms spotless. Cloak rooms are not to be loitered in.
• Lockers are to be kept clean and tidy and are not to be defaced in any way.
• No ball games are to be played in the vicinity of any building or parking area. Trees are not to be climbed and the ‘pipe’ is out of bounds at all times.
• Personal property must be marked and learners must ensure that they do not take the property of another person deliberately.
• Learners must look after their own possessions and make use of lockers provided.
• Learners must not use the property of another person without permission.
• On no account may cell phones, large sums of money, radios, iPods, Mp3 or Mp4 players, tape recorders, computer games, laptops, cameras or any other expensive items be brought to school unless required for School purposes. Should any above item be used at School as set out above, it will be confiscated and parents will be required to collect it from the Principal.
• Learners must report accidental breakages and hand in lost property.

Some General Principles regarding Discipline

It is not possible or desirable to list all the ‘Do’s and Don’ts’ applicable to learners. The Principal and staff will inform learners from time to time what forms of behaviour and dress are acceptable and what is appropriate. They will, at all times, try to be fair but firm and not be too prescriptive. Where it is indicated for instance, that boys’ hair must be neat and reasonably short, ultimately it will be up to the Principal and Head of Discipline to decide what is acceptable. They will try to be consistent.

• Corporal punishment is prohibited by law.
• Educators have the right to discipline learners for misconduct and to make rules to ensure an environment of learning in their classrooms.
• Punishment should be appropriate and, if possible, have some rehabilitative, remedial or educational value.

We appeal to parents to support the educators in their attempts to create a culture of learning and respect. Should learners or parents feel that a consequence or rule is unfair, they may appeal to the educator concerned. Failing that, they are to make use of the correct channels of communication, namely: Head of Grade, Head of Discipline, Head of Student Affairs, the Principal.

Section Three: Disciplinary Procedures & Processes

General Approach

To ensure that the School has a consistent and fair approach to learner discipline, the School has developed the following Disciplinary Procedure for learners.

While discipline is intended to correct inappropriate behaviour, positive recognition and reward are acknowledged as the first resort for sustained acceptable behaviour and achieving potential. The School fully supports the principles of fair discipline and the consistent application of appropriate and corrective disciplinary measures where necessary. House Merits are awarded for positive behaviour and work ethic and positive reinforcement occurs through Commendation Certificates and Principal’s Awards.

Should expected norms of conduct not be met by any learner, corrective action will be initiated by the School’s management and/or educators as set out below. The Disciplinary Procedure attempts to ensure where at all possible that corrective action and discipline are administered consistently, promptly and fairly.

Corrective action may or may not include the application of formal disciplinary measures; any formal steps only being applied in order to prevent further occurrences of unacceptable behaviour or to restore the educator/learner relationship. It is impossible to list every possible rule infringement in this Policy. The Policy therefore sets out the broad principles of fair discipline at the School.

Misdemeanours do not cancel out merits received and it is possible for a learner to receive a commendation certificate and a Progress letter/Warning letter/Detention letter in the same week. We believe that learners can achieve in one area while making a mistake in another area, and the two should not be mutually exclusive.

Various disciplinary measures may be initiated by the School. The severity of the action taken by the School will depend on the circumstances, the seriousness of the infringement and any mitigating or aggravating factors being of relevance.

The disciplinary measure or sanction applied in response to the learner’s misconduct will therefore generally require the Educator or Head of Discipline and/or Student Affairs Team and/or Principal to exercise judgement in deciding on the appropriate and fair action to be taken.

Infringements which are not considered serious, or do not require formal disciplinary action in the opinion of the relevant educator, will be dealt with directly by the educator concerned. These informal disciplinary measures may be implemented by the relevant educator and could include a Blue File entry under the ‘Behaviour’ or ‘Academic’ headings. Blue File entries should be noted in the learner’s Homework Diary so that parents are aware of the incident.

Three misdemeanours could result in a progress letter being sent to parents indicating the misdemeanours as a means of keeping parents informed. A fourth misdemeanour could result in a Detention Warning letter and a fifth misdemeanour could result in a Detention. The Head of Discipline is required to sign Detention Warning letters and Detention letters in order to keep a record of learners who constantly contravene the Code of Conduct.

Detention takes precedence over any other activity and failure to attend a detention can result in further formal disciplinary action being taken. Detention may be given by any educator for serious misdemeanours which are in breach of the Code of Conduct in consultation with the Head of Discipline/Head of Student Affairs/Principal.

Minor Misdemeanours/Infringements (Level 1)

Level 1 Infringements/misdemeanours include among others:

Behaviour that impedes teaching and/or learning such as:

• Being late for class/school.
• Being absent without an excuse note/a doctor’s note.
• Failure to excuse oneself from extramural activities.
• Lack of respect and manners towards adults and/or councillors/peers.
• Tampering with possessions belonging to others.
• Uniform/dress/hair infringements.
• Unacceptable behaviour outside the classroom and/or on the field.
• Minor vandalism.
• Books left at home.
• Rough play (excessive force)/nastiness/minor bullying.
• Littering.
• Being disruptive in class.
• Use of electronic media (cell phones, iPods etc.) at school without permission of an educator.
• Minor insolence/cheek.
• Minor theft.
• Eating or drinking in class without permission of the educator.
• Failure to fulfil commitments and/or instructions given by educator.
• Inappropriate displays of affection.

Academic diligence infringements such as:

• Incomplete homework, not meeting deadlines.
• Homework etc. left at home.
• Copying of work/minor plagiarism.
• Homework diary not used properly/homework diary not signed.
• Homework/assessments not signed.
• No doctor’s note for assessments missed.
• Poor work ethic.
• Homework not done or not completed adequately.
• Incomplete class work.

Possible sanctions/consequences could include one or a combination of the following: 

Note in the Homework Diary to inform parents; verbal reprimand; written punishment; educator/class/learner apology; break detention; counselling by the educator or School Counsellor; Community Service; Blue File entries as set out above possibly culminating in Detention.

Serious Infringements/Misdemeanours (Levels 2, 3)

When a more serious infringement occurs or is alleged, the educator concerned, and the Head of Discipline/Head of Student Affairs and/or Principal, should investigate the complaint in order to determine the appropriate disciplinary procedure to be followed.

Level 2 infringements include:

• Repeated Level 1 infringements.
• Class work/assignments not completed after 1^st warning and deadline.
• Major insolence/cheek.
• Plagiarism and/or cheating/serious dishonesty.
• Vandalism to school and/or pupil property.
• Misuse of school property and/or facilities.
• Interfering/tampering with school computer systems/security systems.
• Playing obscene, insulting or demeaning games.
• Swearing/inappropriate comments bringing school into disrepute.
• Misbehaving/rough play (kicking/pushing/shoving of a more serious nature).
• Inappropriate behaviour on sports field bringing the reputation of the School and/or team into disrepute, for example: throwing of tantrums/throwing equipment on the ground/stamping of feet/swearing).
• Bullying of a more serious nature (‘dissing’/teasing/verbal/physical/cyber/electronic).
• Truancy from school or any lesson or school activity at which attendance is compulsory.
• Repeated disregard for educator requests/instructions/consequences.
• Major academic diligence issues.
• Lying/forging of signatures/documentation.
• Wilful disruption of school activities.

Level 2 actions/sanctions:

Blue File entry and one of, or a combination of, any of the following: Friday Detention; class/learner/educator apology; parental interviews; daily report; detention and daily report; Final Written Warning indicating a Disciplinary Hearing; Disciplinary Inquiry possibly leading to a Formal Disciplinary Hearing; Community service; Counselling (in addition to one or more of others listed); Internal suspension; withdrawal of team/match/leadership privileges.

Detentions not attended must be referred to the Student Affairs Team/Disciplinary Committee for a possible Disciplinary Inquiry.

Level 3 infringements include:

• Repeated Level 2 infringements/misdemeanours.
• Serious insubordination/disrespectful behaviour towards an adult.
• Repeated bullying in any form (physical/verbal/non-verbal/electronic).
• Victimisation or initiation of any sort.
• Infringement of assessment rules and/or cheating or assisting another to do so.
• Being in possession of, consuming and/or distributing any illegal substances such as drugs.
• Being in possession of, consuming and/or distributing any alcoholic products.
• Being in possession of and/or smoking and/or distributing/selling cigarettes or tobacco products.
• Being in possession of any weapon, fireworks, explosive, object that could be potentially dangerous.
• Fighting, inciting, or violent behaviour or encouraging others to do so.
• Any ‘gang’/cult-related activity and/or behaviour.
• Issuing a bomb threat and/or arson (lighting of fires) – attempted or actual.
• Harassment (sexual, racial, cultural, religious).
• Obscene, indecent or sexually explicit behaviour and/or gestures and/or physical contact.
• Storage, creation, sale or distribution of pornographic, lewd or offensive material via any means (email, SMS, MMS, cartoons, magazines, any electronic media, graphics).
• Conduct that brings the School into disrepute – on or off-site misconduct that damages the School/learner relationship and educational process.
• Knowingly and wilfully supplying false information or falsifying documentation to gain unfair advantage.
• Unsafe acts or behaviour that endangers the safety and welfare of others.
• Seriously threatening, disrupting or frustrating teaching or learning in a class.
• Insulting the dignity of or defaming a staff member through any means (verbal/written/electronic media).
• Distributing any test or examination material that may enable any person to gain an unfair advantage.
• Fraud, including the forging of another person’s signature.
• Bringing another person’s good name into disrepute through verbal, written or electronic means.
• Theft or attempted theft and other criminal offences.
• Any other misconduct considered very serious and possibly justifying expulsion as a first offence.

Recommended Level 3 sanctions/consequences/actions:

These are of a formal nature and must include: Blue File entry and/or Notice of Complaint (depending on the infringement) entered by the relevant educator; parental interview; referral to the Head of Discipline/Head of Student Affairs/Principal and/or Counsellor for Disciplinary Inquiry which could lead to one of or a combination of the following: Withdrawal of leadership privileges/awards/offices held; Final Written Warning; Internal or External suspension pending a possible Formal Disciplinary Hearing; Expulsion after the conducting of a Formal Disciplinary Hearing.

Discipline must, wherever feasible and effective, be applied progressively. Repeated committing of a similar or related offence will result in progressively more severe action being taken, particularly where a clear pattern or trend is indicated by the learner’s continued misconduct. A serious first incident may, however, justify a severe penalty, and mitigate against the imposition of a lesser form of action (see Disciplinary Sanctions – Guideline Chart).

Warnings/misdemeanours issued by the School must be noted in the Blue File and parents must be notified of such warnings wherever possible.

Section Four: Formal Disciplinary Process

The following procedure summarises the Disciplinary Process that will be followed by the School when more formal disciplinary action is considered appropriate.

When an infringement occurs which requires formal disciplinary action, the educator concerned (or any third party affected by the alleged infringement) will initiate the disciplinary process by completing a NOTICE OF COMPLAINT. This document may be supplemented by any additional information or statements to clarify or adequately detail the facts surrounding the infringement. This is then referred to the Student Affairs Team (Head of Discipline/Head of Student Affairs/School Counsellor/Principal).

Please note that the Notice of Complaint itself is not a warning or disciplinary action. Its purpose is solely to summarise details pertaining to the alleged incident and to act as an indication of the possible need for investigation of an incident to ascertain whether any disciplinary action is appropriate.

The Head of Discipline and/or the Head of Student Affairs and the Educator, if required, must investigate the complaint and alleged infringement to gather information and to decide on the necessity for corrective measures. This assessment generally takes the form of an informal investigation/disciplinary enquiry, which generally includes an opportunity for the learner to “state his/her case” in response to the complaint. If, after investigation, the infringement is confirmed but is considered to be of a nature which does not indicate that more severe action may be appropriate, the Head of Discipline/Head of Student Affairs/School Counsellor and/or the Principal  may counsel the learner and issue an appropriate WARNING and/or CONSEQUENCE to the learner(s) concerned.

It should be pointed out that the investigation to be conducted is an informal one, and that suspension or expulsion is not considered appropriate action at this point.

When a serious infringement occurs, or in the case of repeated lesser infringements and informal disciplinary action not having its expected effect, a notification of a DISCIPLINARY HEARING is given to the parents of the learner concerned. This notification must provide sufficient information to ensure that the learner and parents are properly informed of the alleged complaint, the seriousness of the allegations, and the School’s intention to convene a FORMAL DISCIPLINARY HEARING to investigate the infringement.

Please note that:

• The learner’s parents should wherever possible be notified of the hearing at least 48 hours (two working days) before the scheduled hearing.
• The learner may be suspended pending the hearing, if this is considered appropriate bearing in mind the circumstances, the right to education and the seriousness of the alleged misconduct.
• The suspension of the learner should be indicated in the notification to the parents, the period of suspension preferably not exceeding a period of five (5) [school] days.
• The learner and his/her parents [or legal guardian] must be advised that they are expected to attend the hearing as their non-attendance may prejudice their case, result in the hearing being held in their absence, and a decision being made without their involvement.
• The learner and parents must also be advised of the serious nature of the allegations, and the possibility of formal and severe disciplinary action being taken should the learner be found guilty of the allegations made against him/her.
• Legal representation at disciplinary hearings is NOT permitted, unless both the School and the parents agree that it is appropriate for BOTH parties to be professionally represented.

The conducting of the Formal Disciplinary Hearing is of great importance and must be chaired by an objective member of the Executive of the School or a suitably qualified or experienced third party. The Hearing Chairperson will be responsible for leading and managing the hearing process, and making the critical decisions as to:

• The guilt or innocence of the learner relative to the allegations made; and
• The appropriate penalty/action to be taken, ONLY after due consideration of mitigating and aggravating factors.

To ensure that this crucial procedure is properly and fairly conducted, all Disciplinary Hearings should be conducted in such a way as to ensure that the rules of natural justice are complied with i.e. the learner and parent:

• Must properly understand the allegations being made before commencing with the hearing;
• Should be presented with all the relevant facts and information relating to the allegations;
• Must be given the opportunity to question information provided and evidence led;
• Are entitled to present their own perspective and explain/defend the learner’s actions, and if appropriate, lead evidence in support of the learner’s defence;
• Must be treated with dignity and respect throughout the Hearing;
• Are to be assured of the greatest confidentiality possible;
• Must be advised of the outcome [verdict] of the Hearing, the decision made regarding penalty and the reasons for such decisions; and
• Must be offered the right to appeal against any decision made by the Chairperson.

After the completion of the Disciplinary Hearing, any penalty decision made (i.e. whether to impose disciplinary action e.g. suspension and/or expulsion, or not) should be formally communicated to the parents and supported in writing by the Hearing Chairperson. This notification must include a reminder that the learner has the right to appeal against any action decided upon, within five (5) days of the Hearing’s outcome being communicated. NB. Copies of all disciplinary documentation must be retained by the School for record and safekeeping purposes.

Section Five: Review Process

The learner’s parents have the right to request a review against any formal Disciplinary Action imposed by the School.

Lodging a review against a decision to suspend or expel the learner, after a Disciplinary Hearing has been conducted, only entitles the learner to a review of the findings of the Hearing. Typical grounds for such an appeal review may include:

• The disciplinary procedure was not properly followed.
• The decision on guilt was not considered correct or fair.
• The decision regarding action to be taken was considered inappropriate.
• Mitigating factors were not properly considered.
• The Enquiry Chairperson was considered to be biased, did not apply his/her mind, or supposedly made a subjective decision.
• The learner was not in a position to present his/her case properly.
• New and relevant evidence can be presented which may affect the decisions made.

The parent(s) wishing to appeal must motivate their appeal in writing, detailing in full their grounds for appeal. The request for appeal must be submitted to the School within five (5) days of the Hearing Chairperson’s decision having been communicated to the parents so as not to delay proceedings.

If the learner has been suspended pending the completion of the Hearing process, the submission of an appeal will not affect the suspension which will remain in effect until the Appeal process has also been concluded. In the case of any other formal disciplinary action being imposed by the Hearing Chairperson, the imposition of such action will be held in abeyance pending the appeal process.

The learner’s basic right to an appeal against disciplinary action does not ordinarily mean that all the matters raised at the Disciplinary Hearing will be “re-heard”. The Review procedure is generally limited to only reviewing the decisions made, and is based on the grounds and motivations lodged in the Review motivation. A full Review re-hearing is ONLY necessary when the Disciplinary Hearing process is considered to have been materially defective by the person responsible for the Review, or if the decisions reached at the Hearing are considered to be potentially suspect.

Should it become obvious that a full re-hearing is required for a fair appeal, usually due to a defective Disciplinary Hearing process or substantial new evidence having come to light after the Hearing, a full Appeal/Re- Hearing should be conducted in accordance with the principles highlighted in 5 above, chaired by a new chairperson.

The School will elect an appropriate person or panel to conduct the Appeal Review or Re-Hearing, if considered necessary. The Review, or Re-Hearing, should wherever possible be conducted within five (5) school days of receipt of the appeal motivation. When a decision has been made by the Review or Hearing Chairperson/panel, after consideration of the matters raised in the Appeal, a written finding must be provided to the parents within a further five (5) days, and a copy of the finding placed on the learner’s file for safekeeping. The finding should indicate the reviewer’s response to the specific matters raised in the Appeal motivation.

The conclusion of the School’s Review procedure is the final step in the School Disciplinary Process and marks the exhaustion of internal disciplinary measures.

Section Six: Collective Disciplinary Action

The Disciplinary Procedure described above is principally designed to deal with instances of misconduct by individual learners. Alleged misconduct by a group of learners, usually acting in concert with one another, or where the infringements are of a similar nature or objective, is considered as being collective misconduct.

Generally, collective misconduct is more effectively dealt with on a collective basis. An investigation into the alleged misconduct is conducted with all of the learners concerned. A single Disciplinary Hearing can then be conducted with the learners concerned, with their parents present.

The same procedures as provided for in Section Four above are followed in a collective situation. In a Collective Disciplinary Hearing, however, individual learners must still be provided [during or immediately after the Hearing process] with the opportunity to demonstrate that their own circumstances may be different to that of other learners or the group involved, and to show why they should be treated differently.

In certain cases, however, it might be considered appropriate by the School to conduct separate investigations or hearings with individual learners. The School reserves its right to exercise its option to conduct individual or collective procedures. Any differences in verdict, or penalties imposed, between different learners involved in the same incident/infringement, will obviously also have to be justified if the School is called upon to do so.

Section Seven: Disciplinary Sanctions and Suggested Consequences

The School’s Disciplinary Sanctions for Learners Chart is intended as a guideline for Educators, Heads of Departments, Head of Discipline and Hearing/Review process Chairpersons and Principals.

The Disciplinary Sanctions Guideline Chart indicates the possible disciplinary sanctions generally considered appropriate for various types of infringements and misconduct by learners. As indicated previously, the (mitigating) circumstances of a particular case under consideration may justify less severe action than that indicated in the Guideline Chart.

The infringements listed in the Guideline Chart are not intended to be an exhaustive listing but rather an indication of the type of deviation from expected standards of conduct, and the levels of severity of infringements.

Please note that the Guideline Chart does make provision for “progressive” or accumulative penalty i.e. the imposition of a harsher sanction for repeated misconduct, in the case of less serious infringements.

The Senior Preparatory Discipline System is based on the Code of Conduct.

AGREEMENT ENTERED INTO BETWEEN THE SCHOOL AND PARENTS / LEARNERS:

I, ____________________________ (print name please) Parent / Guardian of ______________________________in Grade __________hereby confirm that I have read the contents of this policy and accept the conditions therein.

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Signature

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Date

I also confirm that I have read this document with my child, _______________________________ and that he / she signs to acknowledge understanding and acceptance of the conditions herein.

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Name of learner with signature

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Date