New Year, and the Rules: Understanding the Misconduct Procedures - Issue 1
12 Months 12 Articles
An outline on what students need to know about the procedure in case of misconduct at the start of the academic year.
Once you completed your registration, signed your contract and received your student card, you are then officially part of the UP family however this also means that you undertook the follow the rules set out by the university. So, if you break one of these rules either on campus or at res you will unfortunately have to face the consequences of your actions. Welcome to the real world or even worse welcome to adulting where small actions can potentially lead to disastrous consequences.
At the University of Pretoria, legal services are specifically tasked to handle situations where University rules are broken by students. As daunting and scary as legal services might sound the reality can never match the countless scenarios overthinkers can come up with. Legal services are simply there to ensure that the university’s rules are complied with and when broken to ensure the appropriate punishment is given. So, the burning question still remains… what happens if I break a rule?
In a nutshell, one of three things are most likely to happen. Firstly, in cases of serious misconduct you can be temporarily suspended or removed from University-controlled premises which can include res whilst waiting for your disciplinary hearing.
The second, is called the “formal plea and penalty procedure” also known as the settlement procedure. What happens during this process, is that you freely and voluntarily admit to the charge/s laid against you. Thereafter you will be given the opportunity to explain yourself and lastly admit to being guilty. Then you will receive your punishment, on a document called a settlement agreement, which is then signed by you and the Registrar. This means that you will not have to go through the disciplinary process as you have already admitted guilt.
The third situation, is the formal disciplinary hearing. When a charged is formulated against you and you deny the charge, the Registrar may convene a disciplinary investigation by the Disciplinary Committee who will determine whether you are guilty of the alleged charge or not. A written charge will be compiled and delivered, this letter will outline the relevant information pertaining to your disciplinary hearing. At this point you might ask yourself… do I need a lawyer?
The answer to this question is relatively simple, it’s a yes / no / maybe situation. The reason why I say this is because the decision to lawyer up is completely up to you. The University allows student legal representation however the cost will come entirely from your pocket. After the proceedings the Disciplinary Committee will engage in deliberations to ultimately reach a conclusion. Thereafter, you will be informed of the outcome. You can either be found not guilty or guilty accompanied by the punishment.
Lastly, you can appeal the decision or punishment of the Committee by appealing to the Appeals Committee of Senate by lodging a written Notice of Appeal to the Registrar. This notice may not be lodged later than 10 (ten) days after the Committee’s decision has been shared with you. Important to take note of, when you decide to appeal and lodge the notice you must also pay R2000.00 (two thousand rand) to serve as payment for the cost of appeal. Thereafter, the decision will be reviewed and the Appeals Committee of Senate may agree, change, set the decision aside or suspend / increase the punishment imposed. Should the Appeals Committee reduce the punishment or set it aside then you will be refunded the R2000.00 you paid to appeal.
In conclusion, the University has certain producers in place to deal with situations where rules are broken and sometimes these procedures can seem confusing or intimidating. However, that’s where the Student Disciplinary Advisory Panel – SDAP comes in. We are a service provider at the University that assist accused students by explaining the entire disciplinary process, informing you about the rights you have during the disciplinary process and to answer all your questions regarding the disciplinary hearing. It’s important to note that when you consult with a panel member you matter is handle with the utmost confidentiality. Therefore, feel free to reach out to SDAP by using our website or social media to get into contact with a panel member who will assist you.