code of conduct

by | Aug 24, 2022

Developing your schools code of conduct, new legislated policy requirements and preparing for a disciplinary hearing in 2021.

For both state and independent schools.

Section 8 of the South African Schools Act 84 of 1996 (hereafter the Schools Act) determines that the management of a school must adopt a code of conduct for the learners of the school. The code of conduct contains the disciplinary rules for learners and is therefore crucial to school discipline. Equally important is the fact that these rules must be properly implemented and enforced to ensure a disciplined education and school environment. This implies sound school governance and a staff and management body that is well-informed about the legal nature and consequences of a code of conduct. In short, it requires school governance that is based on a solid legal footing. Be that as it may, the stark realities of everyday school life unfortunately paint a different picture, one that is marred by countless incidents at disorganised and undisciplined schools where learners openly and unashamedly disrupt the education process while confused and ignorant governing bodies and educators seem unable to tackle learner misconduct and restore discipline at school.

This practical workshop will empower delegates to understand the legal nature of the school’s code of conduct, with emphasis on the implementation and enforcement of disciplinary rules in the case of learner misconduct.

Schools code of conduct – a legal perspective

  • The constitutional background to the school’s code of conduct
  • The administration of the school’s code of conduct and the responsibility of the school’s disciplinary committee
  • The role of the disciplinary committee
  • Handling the threat of parental legal litigation

Dealing with serious misconduct

Disciplinary Hearings

  • Legal background to discipline
  • Misconduct investigations and the legal shortfalls
  • Notice of the hearing
  • Composition of a tribunal
  • Logistical arrangements
  • Procedures during disciplinary hearings
  • The role of the chairperson
  • Informing the accused learner of his/her rights
  • The right to an interpreter
  • The right to representation
  • Witnesses
  • Nature of questioning
  • Findings and recommendations
  • Disciplinary action
  • Penalties
  • The right of appeal

Processing of recommendations for suspension and Expulsion

  • Implications for learners in hostels
  • Alternative placement of an expelled learner

Appeals against suspension or expulsion

  • Mitigating circumstances
  • Processing an appeal
  • The appeals committee
  • Handling of media enquires