George Campbell School of Technology Code of Conduct

INTRODUCTION

Click here to download the official Code of Conduct.

PURPOSE OF OUR CODE OF CONDUCT

Our Code of Conduct is aimed at establishing a disciplined school environment that is conducive to effective teaching, learning and development. It is based upon the S.A. Schools Act 84 of 1996 and all other relevant Provincial Acts. In addition, our Code of Conduct is dedicated to the improvement and maintenance of the quality of the learning process.

MISSION STATEMENT

To prepare learners fully for adult life in a technologically-advanced society which demands skills as well as thought, effective action, self-discipline and courtesy.

AIMS OF THE SCHOOL

The School aims to provide a supportive and structured educational environment, where learners are encouraged to reach their potential academically as well as in sporting and cultural activities.

All learners are encouraged to strive for excellence.

SECTION 1

RIGHTS OF OUR LEARNERS

The Constitution of the Republic of South Africa states that all learners have the right to education. Our learners have the right:

to be educated in a controlled and structured academic environment as expressed in the Classroom Code of Conduct;

1. to be educated in a controlled and structured academic environment as expressed in the Classroom Code of Conduct;
2. to be educated according to the appropriate curriculum;
3. to be respected by other members of the school community, regardless of personal, religious or cultural differences;
4. to regular feedback/reports reflecting academic progress;
5. to freedom of speech and to voice their opinions in a mature, tactful and appropriate manner;
6. to be treated with fairness;
7. to have security of person and property;
8. to make use of available School facilities and property;
9. to have the moral support of the School in their participation in cultural, sporting or academic activities;
10. where possible and when appropriate, to be involved in and informed about decisions taken in the School;
11. to work in a clean and litter-free school environment;
12. to ask for help, advice or counselling;
13. to have School activities begin punctually;
14. to be able to utilise certain books and appropriate texts where available and which are in a serviceable, usable condition;
15. to have a social life out of School and which does not in any way bring discredit to the School;
16. to attend a School free of drugs, weapons, drunkenness, bullying, victimization or intimidation;
17. to attend a School free of sexual harassment or criminal behaviour.

SECTION 2

RESPONSIBILITIES OF OUR LEARNERS

Our learners’ rights go hand in hand with responsibilities, and on enrolment to the School, learners undertake:

to create the opportunity for others to work without hindrance and to pay full attention to their lessons;

to provide the appropriate texts, stationery and equipment necessary to participate fully in lessons;

to respect the individuality of others;
to listen to and respect the opinions of others;
to treat others in a fair and just manner;
to uphold honest behaviour and security of persons and property in the School;
to respect any decisions made within the School and react to them in a mature fashion;
to respect and maintain the School facilities and the School property;
to uphold School spirit by participation in, and support of, cultural, sporting and academic activities;
to maintain a clean and litter-free school environment;
to request help, advice or counselling at an appropriate time and in an appropriate manner, and to give advice and develop self-responsibility;
to be punctual in every facet of their School life by arriving at school, to lessons and to sports practices and fixtures on time;
to care for their books and return them as they receive them;
to cause no embarrassment to the School in any way;
to refrain from disruptive, undisciplined or unco-operative behaviour both inside and outside the classroom;
to do all academic assignments, including homework, to the very best of their ability;
to refrain from the use of drugs, assault, carrying of dangerous weapons, criminal or illegal activities, intimidation, bullying, sexual harassment, victimization, smoking, or being in the possession of pornographic material;
to abide by all School rules and any/all amendments thereto.

SECTION 3

RULES, REGULATIONS & EXPECTATIONS

Although there are a number of regulations which help in the smooth running of the School, there is really only one guiding principle:

`At all times learners should use their common sense and not do anything that will discredit themselves or their School.’

1. ATTITUDE, MANNERS AND RESPECT FOR OTHERS:

It is our belief that our learners should treat others as they themselves would

wish to be treated. With this in mind, learners are obliged:

to develop a positive attitude towards their School, their studies and their involvement in activities;
to develop self-discipline and responsibility for their own academic progress;
to identify with the traditions of the School;
to have good manners, courtesy and to respect others, both their peers and adults, at all times;
to refrain from bullying in any form;
to refrain from using offensive or foul language at all times.

2. SCHOOL UNIFORM AND APPEARANCE:

Our School uniform is very important in that it gives our School its own particular identity. Therefore, learners are obliged:

to show pride in their School by ensuring that their uniform is always clean and neat;
to wear full uniform at all times between School and home, at all functions and on excursions;
to wear full uniform or the School tracksuit after sports practices;
to wear no jewellery (except medical identification), lapel badges unrelated to the School, or any other adornments (religious or cultural);
to ensure that boys’ hair is short, and kept neat and well-groomed. It must be off the ears, off the collar and above the eyebrows. Sideburns must be short and unobtrusive. Girls’ hair must be tied back if long, and fringes must be out of the eyes. No bleaching, dyeing, highlighting of hair or outrageous styles such as “steps” or shaven heads are permitted;
to be clean-shaven at all times, in the case of boys;
to adhere to the details of the correct uniform and special sports kits as are found in Section 4;
to ensure that all items of clothing are clearly marked with the learner’s name.

3. PUNCTUALITY AND BOUNDS:

At George Campbell we are aware of how important punctuality is in the workplace, as well as not being in restricted areas.

With this in mind, our learners are obliged:

to be punctual to School, to all classes and to all sports practices and fixtures;
to observe all regulations which specify areas that are out of bounds, or where access is restricted to certain times;
to remain at School for the duration of the School day, unless permission has been granted by the principal/Deputy Principal/Grade Controller;
to bring written notification from their parents if they wish to leave School early for doctors’ appointments, etc. or when they arrive late for whatever reason;
to swim only when the educator-in-charge is present, and to keep away from the swimming pool at all other times.

4. RESPECT FOR PROPERTY:

It is our belief that children should learn not only to respect themselves and others, but also to respect the property of others and to have their property respected. With this in mind, our learners are obliged:

to ensure that all personal belongings are clearly marked;
to take care of their own belongings, and show respect for the property of others;
to refrain from bringing valuables of any nature to School. Electronic equipment including mobile telephones, MP3/CD players and such like are specifically prohibited. Any large sums of money or valuables should be handed to the Financial Secretary for safekeeping;
to abstain from bringing to School non-prescription drugs or narcotics;
not to bring to School any object that could cause harm to any other person or which could be construed as a dangerous weapon of any nature;
to desist from bringing any animal, e.g. snake, rodent, etc. to School at any time, without permission;
to take pride in the School grounds and buildings;
to refrain from the execution of any business transactions, particularly with the intention to defraud another learner, on or off school property and/or in school uniform;
to report any accidental breakage or damage to property to their Grade Controller immediately;
to refrain from defacing or wilfully changing School property in any way. The School may request that damaged property be replaced or charge the learner for the replacement or repair of the damaged property;
to observe that it is an offence to litter.

5. TRANSPORT:

Many of our learners use public transport both to and from School. Realizing that this places them in the public eye, our learners are obliged:

to practise correct discipline and manners on all public transport to and from School;
to park motor bikes and cycles in the locked areas set aside for them;
to push motor bikes and bicycles in and out of the School property;
to drive all vehicles in a cautious and responsible manner along the allocated routes through the School grounds and park them in the area that has been set aside for them – where such permission is granted.

6. CO-CURRICULAR PROGRAMME:

At George Campbell we are aware of the need for learners to participate fully in all aspects of School life and that this is important to their development.

Our learners are obliged:

to participate in the cultural and sporting life of their School;
to wear the correct kit for all activities;
to uphold sportsmanship and teamwork as values the School strives for;
to attend all practices once they have made a commitment to an activity/sport, unless they have a letter of excuse;
to arrive at practices and sports functions promptly.

7. CLASSROOM CODE OF CONDUCT:

For effective education to take place, our classrooms need to be controlled and disciplined. Our learners also need to be receptive to the teaching process, and therefore, our learners are obliged:

to listen to their educator the first time;
to allow everyone the right to learn without interference from themselves or others;
to be punctual and prepared for the lesson (books/files/equipment);
to use appropriate language and to encourage effective communication;
to show politeness and consideration and to exercise self-discipline;
to take care of furniture, books and equipment;
to respect the property of others;
to refrain from taking anything that does not belong to them;
to refrain from cheating or copying the work of others.

8. ATTENDANCE:

Regular attendance at School and of all lessons is vital if our learners are to be effectively educated. With this in mind, our learners and their parents undertake to note the following:

In terms of Section 3(i) of the S. A. Schools Act (No.84 of 1996) attendance is compulsory until the last school day of the year in which the learner reaches the age of 15 years or the 9th grade, whichever occurs first;
Timeously written notice of the intention to remove a pupil from the School, for whatever reason, must be given. This does not apply to Grade 12 learners at the end of their final year at school;
Attendance is compulsory for all learners registered at the school and absences must be supported by a doctor’s certificate or a written explanation from the parent. Such supporting documents are to be presented on the first day back at School after the learner’s absence.

9. IN UPHOLDING THE VALUES OF THE SCHOOL, OUR LEARNERS ARE OBLIGED NEVER :

to break a law of the land;
to gamble;
to steal;
to cheat;
to vandalise;
to smoke or be in the possession of cigarette or tobacco products;
to abuse substances/drugs, or be in the possession of illegal substances;
to possess any weapon, pornographic material, or anything which endangers the physical or moral well-being of the School and its learners;
to treat fellow learners in an inappropriate manner, e.g. bullying, fighting, victimization or intimidation;
to engage in immoral behaviour;
to use profanity, vulgar language, verbal harassment or hate speech;
to engage in abusive or disrespectful behaviour towards educators and learners.

10. DISCIPLINARY SANCTIONS:

The transgression of any of these rules will result in disciplinary action being instituted, and this may include suspension from the School, or expulsion, if the learner is found guilty.

SECTION 4

REGULATIONS WITH REGARD TO SCHOOL UNIFORM AND GROOMING SCHOOL UNIFORM

BOYS

1. Blazer

Black, with the school badge sewn onto the pocket. The blazer is compulsory in Terms 2 & 3. It is compulsory in all terms for

any learner who participates in any outside school activity.

2. Trousers

Long CHARCOAL trousers (Gem Schoolwear Ref: Northwood – 2 pleats and extension).

3. Shirt

Plain, white, long- or short-sleeved shirt with a single pocket. The shirt must button at the collar.

4. Shoes

Standard black, lace-up school shoes with rounded toes. Boots are not to be worn.

5. Socks

Black ankle socks.

6. Tie

All boys (except boys in Grade 12 and Prefects) wear the school tie, which displays the school colours in narrow stripes. There is a separate Grade 12 tie, which is available at the school. Learners with School Award ties may wear these only on Fridays.

7. Jersey

Plain, black, short- or long-sleeved, V-Neck pullover. Grade 12 learners wear a white, short-sleeved pullover with the School colours and badge.

8. School Bag

The official school bag must be purchased from the uniform shop on the school premises.

9. Dust Coat

All learners are required to wear a blue, long-sleeved dust coat in the workshops. This must be purchased from the school and should have the learner’s name printed clearly along the top of the pocket.

10. Hair

Hair must be neatly groomed and kept tidy. Hair must be cut well away from the collar, ears and eyebrows and may not be bushy at the back or on top. Hair may not be stepped, undercut, bleached, dyed, highlighted, shaved or outrageously or unconventionally styled. All boys are required to be clean-shaven. No sideburns are permitted.

11. Jewellery

No jewellery may be worn.

12. Make-up

No make-up may be worn.

13. Physical Education Uniform

Black boxer shorts. A white or black vest must be worn. Black, speedo-type swimming costume.

A black towel for use either after a shower or after swimming.

14. Sports Kit

Cricket:

1ST and 2ND XI and Colts wear a white, buttoned shirt, long white flannels, white socks, appropriate boots and a black, Australian-type cap.

Other teams wear black shorts and black stockings in place of the flannels and white socks.

Cross Country:

Clothing as for physical education and suitable footwear (if required).

Football:

School rugby stockings, football boots. (The shirts and shorts are provided by the school).

Hockey:

Team shirt with school badge, black shorts, school rugby stockings, hockey boots, hockey stick.

Rugby:

School rugby jersey, black boxer shorts, school rugby stockings, rugby boots.

Squash/Tennis:

White shirt with school badge, white shorts, white socks, white squash/tennis shoes (black soles are not permitted), squash/tennis racquet.

Swimming:

School speedo-type costume (purchased from the School) and black towel.

GIRLS

1. Blazer

Black, with the school badge sewn onto the pocket. The blazer is compulsory in Terms 2 & 3. It is compulsory in all terms for

any learner who participates in any outside school activity.

2. Skirt

A 6-panel black skirt (Gem Schoolwear Ref: Inanda Secondary).

3. Blouse

SUMMER Terms (Terms 1 & 4): Plain white, short-sleeved blouse with the school badge on the pocket and binding on collar and sleeves.

WINTER Terms (Terms 2 & 3): White, long- or short-sleeved shirt with a single pocket. The shirt must button at the collar and must be worn with a tie.

NOTE: As a special concession on cold days, girls may wear the same charcoal trousers as do the boys.

4. Shoes

Black, “baby doll” (T-Bar) shoes or pair of black, lace up, school shoes with rounded toes.

5. Socks

White, ankle socks worn FOLDED down. Black stockings may be worn in the second and third terms. Socks and stockings may not be worn simultaneously.

6. Tie

A school tie must be worn during the second and third terms. A separate Grade 12 or Prefect tie is available from the School.

7. Jersey

Plain, black, short- or long-sleeved, V-Neck pullover. Grade 12 learners wear a white, short-sleeved pullover with the School colours and badge.

8. School Bag

The official school bag must be purchased from the uniform shop on the school premises.

9. Dust Coat

All learners are required to wear a blue, long-sleeved dust coat in the workshops. This must be purchased from the school and should have the learner’s name printed clearly along the top pocket.

10. Hair

Hair must be worn away from the face and, if necessary, tied back. Yellow or black ribbon, Alice Band, or “scrunchies” only.

Hair may not be bleached, dyed, highlighted or shaved. Outrageous or unconventional styles are not permitted.

11. Jewellery

ONE PAIR of plain sleepers or studs. No other jewellery may be worn.

12. Make-up

No make-up may be worn. Nail varnish is not permitted.

13. Physical Education Uniform

Black boxer shorts or sports skirt. A white or black vest must be worn. Black, speedo-type swimming costume.

A black towel for use either after a shower or after swimming.

14. Sports Kit

Cross Country:

Clothing as for physical education and suitable footwear (if required).

Hockey:

Black sleeveless shirt with school badge, black skirt, black stockings, hockey boots, hockey stick.

Netball:

Black sleeveless shirt with school badge, black skirt, yellow bib (supplied by the school), white socks. Sports shoes.

Squash/Tennis:

White shirt with school badge, white shorts or skirt, white socks, white squash/tennis shoes (black soles are not permitted), squash/tennis racquet.

Swimming:

School speedo-type costume (purchased from the School) and black towel.

GENERAL

All learners should have suitable protection for wet weather, either a black raincoat or an umbrella.

The official uniform stockists are:

GEM SCHOOLWEAR (369 Pine Street Durban or Overport)
SCHOOL SHOP (on school property)

SECTION 5

MISCONDUCT AND DISCIPLINE STRUCTURES

1. WITHIN THE CLASSROOM: EDUCATOR’S DISCRETION.

Educators may decide to punish learners for disobedience, misconduct or failure to comply with homework or work requirements at their own discretion, depending on the nature, frequency and the severity of the misdemeanour.

Punishment could include:

extra work or various forms of written punishment;
moving a learner to sit or stand at the back or front of the classroom;
the confiscation of items or materials causing disruptive behaviour;
the confiscation of any item of clothing which a learner may be wearing and which does not comply with the regulation pertaining to school uniform as set out in Section 4, such items to be returned either at the end of the week or term;
issuing of warning slip;
arranging of private detention for the learner after consultation with the Grade Controller or the Academic Controller;
placing a learner in Academic detention;
sending a learner to the Parallel Learning Centre (PLC);
requesting the Grade Controllers or Deputy Principals to place the learner in Friday detention.

2. WARNING SLIPS

Their purpose is to record persistent disobedience in the classroom or disruptive behaviour. Any staff member may record the name, grade, date and the relevant offence on a warning slip. These slips will be forwarded to the designated Grade Controller, who will record the detail of such offences. When a learner has accumulated four warning slips he or she will be placed in detention on a Friday afternoon.

Warning slips may be used for the following:

infringements of the dress and grooming regulations;
frequent lateness for lessons or registration;
disruptive classroom behaviour;
consistent failure to produce written punishment on time;
incomplete written punishment;
continuous talking or calling out;
inappropriate language and behaviour.

3. BREAK DETENTION

The detention will take place during one or both of the breaks. The detention will be controlled by one or more prefects.

Break detention may be used for the following:

arriving late at school without a satisfactory explanation;
unacceptable behaviour in the quadrangle, grounds or during assembly;
littering;
less serious cases of disobedience;
frequent infringements of dress and grooming code;
failure to produce written punishment;
any misconduct or infringement of the Code of Conduct not considered serious enough to be dealt with under Academic or Friday detention.

4. ACADEMIC DETENTION

This detention will take place on Monday, Tuesday, Wednesday and Thursday afternoons. The detention will commence at 14h20 and end at 15h20 and will be supervised by an educator. Learners will be given at least ONE day’s warning.

Academic detention will be used for:

failure to produce homework or assignments;
failure to bring the correct books, stationery or appropriate instruments to lessons;
persistent lack of diligence;
unauthorised absence from School, particularly to evade assessment, tasks, tests, etc.
any other infringement related to the academic programme.

5. FRIDAY DETENTION

This detention will last a full two hours (14h00 – 16h00) and will be supervised by educators who will be present at all times. Learners will be expected to remain completely inactive and absolutely silent. Learners will be given at least ONE day’s warning.

Postponement can only be authorised by the Principal or Deputy Principal and will only be considered under exceptional circumstances.

Friday detention could be used for:

refusal to do other punishment or failure to attend Academic or Break detention;
persistent misbehaviour;
truancy;
consistent use of unacceptable or abusive language;
aggressive behaviour, fighting or minor cases of bullying;
minor cases of vandalism;
cases of dishonesty, insolence or insubordination:
smoking;
any behaviour that discredits the School, e.g. misbehaviour on public transport.

6. DETENTION BY DEPUTY PRINCIPALS OR GRADE CONTROLLERS

This detention will be supervised by the Deputy Principal or Grade Controller. The detention will be at the discretion of the Deputy Principal or Grade Controller and could include a Saturday morning session. Learners will be placed in isolation and expected to remain completely inactive and absolutely silent. Learners will be given ONE day’s warning. This detention may be administered in consultation and in conjunction with the PLC Officer.

This detention could be used for:

failure to attend Friday detention or Academic detention;
persistent disruption of the academic programme;
serious infringements of the Code of Conduct.

7. PARALLEL LEARNING CENTRE OR PLC

This centre was initiated to protect both the learner and educator and to ensure the on-going culture of learning and teaching in the classroom.

Any learner who continually disrupts either the teaching or learning process may be removed from the classroom to be detained in the PLC for one or more periods. The learner will continue with subject-related work during the detention.

Persistent offenders may be dealt with through normal disciplinary structures and this could include additional homework. Parents of these detained learners may be contacted at the discretion of the PLC Officer.

Serious misconduct could result, initially, in an internal hearing. This could then be followed with disciplinary procedures as outlined in the Code of Conduct Section 6.

The PLC is not simply a disciplinary structure aimed at disciplining learners. Its immediate aim is to isolate disruptive or unco-operative learners from the classroom and allow them to continue with their normal school work under supervision while simultaneously addressing issues relating to their misconduct. Thus, the PLC Officer works very closely with the Headmaster, the Deputy Principals, the Grade Controllers, the School Counsellor and the parents (where necessary).

8. PROFESSIONAL COUNSELLING

In all instances of misconduct or transgression of the Code of Conduct, the School may, at its discretion, require that learners undergo professional counselling by an accredited, registered counsellor and that written reports of such counselling be submitted by the appropriate practitioner within the time period specified by the School. Furthermore, all such counselling shall be strictly at the parents’ expense. Failure to comply with such a request shall be deemed a serious contravention of the Code of Conduct and may lead to suspension and/or recommendation of expulsion.

9. SUSPENSION

The Governing Body may, after consultation with the Superintendent of Education, order the suspension of a learner pending expulsion, if:
1. in the opinion of the Governing Body, the language and conduct of such a learner is of such a nature as to endanger the maintenance of proper standards of moral conduct, discipline or social well-being in the School;
2. in the opinion of the Governing Body, such a learner has committed a reprehensible act.
Whenever a Governing Body considers the suspension of a learner, all the material facts which are relevant, shall be put tosuch learner and his/her parent during an interview in order to enable them to make representations why the learnershould not be suspended, provided that in urgent cases the Governing Body may summarily suspend the learner withoutinterviewing the learner and his/her parent beforehand.
If the Governing Body, after consideration of the representations referred to in paragraph 8.2, decides to order thesuspension, the Governing Body shall include those representations in its report to the Head of Department.
Whenever the Governing Body decides to order the suspension of a learner, it shall:
1. inform the learner and notify the parent in writing of its decision, and
2. submit a full report on the matter to the Head of Department.
All action taken must be subject to Disciplinary Procedure No.4.
In the Government Gazette 15 May 1998 Vol. 395 No. 18900, Department of Education Notice 776 of 1998 Section 11states:

…Offences that may lead to suspension include but are not limited to the following:

(a) conduct which endangers the safety and violates the rights of others;
(b) possession, threat or use of a dangerous weapon;
(c) possession, use, transmission or visible evidence of narcotic or unauthorised drugs, alcohol or intoxicants of any kind;
(d) fighting, assault or battery;
(e) immoral behaviour or profanity;
(f) falsely identifying oneself;
(g) harmful graffiti, hate speech, sexism, racism;
(h) theft or possession of stolen property including test or examination papers prior to the writing of tests or examinations;
(i) unlawful action, vandalism, or destroying or defacing school property;
(j) disrespect, objectionable behaviour and verbal abuse directed at educators or other school employees or learners;
(k) repeated violations of school rules or the Code of Conduct;
(l) criminal and oppressive behaviour such as rape and gender based harassment;
(m) victimisation, bullying and intimidation of other learners;
(n) infringement of examination rules; and
(o) knowingly and wilfully supplying false information or falsifying documentation to gain an unfair advantage at school.

SECTION 6

DISCIPLINARY PROCEDURES

In all instances learners are to be given the opportunity to explain or defend their actions.
No person shall administer corporal punishment to any learner.

Serious infringements of the Code of Conduct will be dealt with by the Principal and/or the members of the school’s management team and/or the Governing Body, who will decide each issue on its merits.

Serious breaches of Section 3, particularly sub-section 9, may lead to temporary or permanent suspension as may cases of dishonesty, assault or prolonged misconduct.

In each of these cases a full investigation of the incident(s) will be undertaken and all recognised procedures will be followed before a final decision is made.

Such procedures include taking verbal and written statements from all concerned, arranging interviews with the parents of the learners involved and any procedures provided for in terms of the following Acts of general application:

Control of Access to Public Premises and Vehicles Act No. 1985 (Act 53 of 1985).
Drugs and Drug Trafficking (Act 140 of 1992).
Arms and Ammunition Act 1969 (Act No. 75 of 1969).
Education Laws Amendment Act 31 of 2007 Section 8A.

In particular procedures outlined in Government Gazette 15 May 1998 Vol. 395 No. 18900, Department of Education Notice 776 of 1998, Section 3, (i.e. Legal Authority for the Control and Discipline of Learners) Sub-Section 3.8 states:

The principal or an educator, upon reasonable suspicion (sufficient information), has the legal authority to conduct a search of any learner or property in possession of the learner for a dangerous weapon, firearm, drugs, or harmful dangerous substance, stolen property, or pornographic material brought on to the school property. (A search may be performed in terms of the following Acts of general application: Control of Access to Public Premises and Vehicles Act, 1985, Act No. 53 of 1985; Drugs and Drug Trafficking Act 140 of 1992; Arms and Ammunition Act, 1969, Act No. 75 of 1969). During a search human dignity shall be observed and learners shall be searched in private by persons of their own gender, preferably in the presence of at least one other person. A record must be kept of the search proceedings and the outcome.

Suspension and expulsion shall be carried out in terms of the S A Schools Act 84/1996, the KZN Schools’ Act 3/1996 andpertinent regulations.

(a) S. A. Schools Act 84/1996 p.8-10; 9. (1), (2), (3), (4), (5)

1. Suspension and expulsion from a Public School

Subject to this Act and any applicable provincial law, the governing body of a public school may, after a fairhearing, suspend a learner from attending the school –
1. (a) as a correctional measure for a period not longer than one week; or .
2. (b) pending a decision as to whether the learner is to be expelled from the school by the Head of Department.
Subject to any applicable provincial law, a learner at a public school may be expelled only –
1. by the Head of Department; and
2. if found guilty of serious misconduct after a fair hearing.
The Member of the Executive Council must determine by notice in the Provincial Gazette –
1. the behaviour by the learner at a public school which may constitute serious misconduct;
2. disciplinary proceedings to be followed in such cases;
3. provisions of due process safeguarding the interests of the learner and any other party involved in disciplinary proceedings.
A learner or the parent of a learner who has been expelled from a public school may appeal against the decision of the Head of Department to the member of the Executive Council.
If a learner who is subject to compulsory attendance in terms of section 3 (1) is expelled from a public school, the Head of Department must make an alternative arrangement for his or her placement at a public school.
KZN Provincial Regulations No.285 1997. KZN School Education Act 3/1996.

2. Suspension

A governing body may order the suspension of a learner –
1. as a correctional measure for a period not longer than one week after being found guilty of misconduct; or
2. pending a decision by the Superintendent General on whether a learner is to be expelled from the school after being found guilty of misconduct and a recommendation to this effect has been forwarded to the Superintendent General;
A governing body may order the suspension of a learner before misconduct charges are put to a learner if the following requirements are met –
1. the learner is accused of serious misconduct on or off the school premises which could lead, if the truth of the charge is established, to the expulsion of the learner from the school;
2. it is the opinion of the governing body that the continued presence of the learner –
  1. endangers the maintenance of discipline or social well-being at such a school; or
  2. hinders or prevents the investigation into his/her conduct.
Before making an order for the suspension of a learner in terms of sub-regulation (2) above, the governing body must-
1. inform the learner and the parent of –
  1. the allegations made regarding the conduct of the learner;
  2. the reasons why suspension is being considered;
2. afford the learner and the parent an opportunity to advance reasons why the learner should not be suspended pending the outcome of an enquiry in terms of regulation 5.
If the governing body, after consideration of the representations referred to in sub-regulation (3), decides to order the suspension of a learner, it must –
1. inform both the learner and the parent in writing of its decision; and
2. ensure that charges are put to the learner within two school days after the day on which the suspension takes place.
If the period of suspension is likely to exceed seven days, the Superintendent General must make alternative arrangements for the schooling of the learner pending his decision on the expulsion of the learner.

3. Expulsion

A learner may be expelled from a school if he/she –

incites or instigates or procures a fellow learner to contravene or to fail to comply with any regulation or instruction made in terms of this Act, or any rule of such school;
has been convicted in a court of law of a serious offence;
intentionally gives false information to the principal or any educator;
principal;
wilfully disobeys a legitimate instruction given by the principal or by an educator authorised to do so by the
intentionally contravenes any regulation or instruction pertaining to examinations;
intentionally damages, destroys, uses or appropriates property of the school or any other person or body;
in or outside of the buildings or on or off the premises of the school and whilst under the control of school authorities, intentionally conducts himself/herself in a manner which is or could be seriously detrimental to the maintenance of order or discipline at the school;
intentionally violates any regulation in terms of the Act or any provision of the Code of Conduct framed in terms of regulation 2 and which may be grounds for expulsion;
- violates the rights of other learners to receive education by disrupting classes, preventing other learners from attending classes, preventing educators from providing classes or in any other manner;
refuses, without good reason, to attend classes or to receive tuition, or without sound reason deliberately absents him- or herself from school or classes; commits an act of insubordination towards an educator or other person who occupies a position of authority over him/her at such school;
prevents or attempts to prevent any educator or member of staff from carrying out his/her normal duties;
conducts him- or herself in a disgraceful, improper or unbecoming manner; and
possesses or uses a habit-forming drug without a prescription from a registered medical practitioner.

4. Disciplinary hearing

The tribunal must –
The governing body must appoint a tribunal consisting of two persons to conduct an enquiry into allegations of misconduct against a learner.
1. give the learner and his/her parent at least 5 days’ written notification of the time, day and place of the hearing and the charges brought against the learner;
2. warn the learner and his/her parent that the hearing could result in the expulsion of the learner from the school; and
3. inform the learner and his/her parent of their right to place evidence before it to make representations why the learner should not be expelled from the school.
A learner who is suspended in terms of regulation 3(2) above may accelerate the day of the hearing.
The tribunal may proceed with the enquiry in the manner it sees fit but always in such a manner that the accused learner is informed of the allegations made against him/her and is given an opportunity to refute the allegations.
The tribunal must keep an accurate record of the proceedings and submit same together with its report and recommendations to the governing body.
The governing body may make one of the following decisions on receipt of the report and recommendations referred to in the previous sub-regulation:
1. the learner is not guilty of misconduct and may resume his/her position in the school;
2. the learner is guilty of misconduct.
If a learner is found guilty by the governing body, it may impose one or more of the following penalties –
1. warn the learner;
2. impose a penalty provided for in the code of conduct;
3. require a written undertaking of good conduct from the learner;
4. require a learner to undergo professional counselling as prescribed under Section 5 Sub-section 7 of the Code of Conduct.
5. suspend the learner from school for a period not exceeding one week;
6. recommend the expulsion of the learner from the school to the Superintendent General;
7. recommend to the Superintendent General to suspend a learner in terms of sub-regulation 3(5) pending the outcome of the Superintendent General’s decision on expulsion of the learner; and
8. expel a learner from a hostel.

5. Appeal

A person who is aggrieved by a decision taken by the governing body, including a decision to expel a learner from a hostel, may appeal to the Superintendent General.
The School and the Governing Body reserves the right to appeal any decision taken in terms of Section 11 of Government Gazette 1 May 1998 Volume 395 Notice 776 and/or at its sole discretion impose alternative sanctions as deemed appropriate.

See Also :