In case of a violation of any provision prescribed in the Code of Conduct for Learners, the disciplinary procedure set out below will be followed. The judgement of the seriousness of any infringement or alleged infringement will be determined in OOSA’s sole discretion having regard to the applicable circumstances.
Less Serious Misconduct #
Where infringements are not considered serious, or do not require formal disciplinary action in the opinion of OOSA, such infringements can be dealt with on an informal basis.
Informal disciplinary procedures may include any of the following:
- counselling of the Learner;
- the issuing of a verbal warning to the Learner; or
- the issuing of a written warning to the Learner.
Serious Misconduct #
Where a Learner has, or is accused of having, committed any act or omission which would constitute serious misconduct, or is continuously guilty of less serious misconduct, formal disciplinary procedures may be implemented against the Learner at the discretion of OOSA
Formal disciplinary procedures will entail a formal disciplinary hearing.
Disciplinary Hearings #
The disciplinary hearing will be conducted by a Disciplinary Committee appointed by OOSA, under the direction of a chairperson.
The Disciplinary Committee shall consist of at least three persons without prior knowledge of the charges brought against the Learner. OOSA may appoint a specialist or independent third party to act as Chairperson during the disciplinary hearing of a Learner.
The Disciplinary Committee will keep a proper record of the disciplinary proceedings, which record can be in electronic form.
The Learner and their Parent/s will be issued with a written notice of disciplinary hearing incorporating a charge sheet. The notice will include the date, time and venue of the disciplinary hearing and the charge sheet must contain sufficient information on the date, place, and nature of the alleged misconduct to allow the Learner to answer the charge.
Should the disciplinary hearing take place on an electronic platform, the Learner and their Parents are required to ensure that they have access to the necessary equipment and data for purposes of attending the disciplinary hearing.
Evidence will not be shared between the parties prior to the disciplinary hearing.
At least five (5) school days must lapse between the delivery of the notice and the hearing.
Should the Learner be under the age of eighteen (18) years of age, they must be assisted during the disciplinary hearing by one of their Parents or another adult person of the Learner’s choice who is acceptable to their Parents.
Legal representation is not normally allowed at a disciplinary hearing. Should the Learner wish to be represented by a legal practitioner during the disciplinary proceedings, the Learner and their parents must apply in writing to the chairperson of the Disciplinary Committee, at least two (2) days before the disciplinary hearing, for legal representation to be allowed. This application must include reasons why legal representation is necessary under the circumstances. The decision of the chairperson as to whether or not to allow legal representation is final.
Should the Learner, or the Learner and their Parent or representative (as applicable), fail to attend the disciplinary hearing despite proper notification, the hearing may proceed in their absence.
During the disciplinary hearing, both OOSA and the Learner will be afforded the opportunity to present their case by calling witnesses, submitting documents, showing video material or any other relevant evidence.
Both OOSA and the Learner will be afforded the opportunity to cross-examine each other’s witnesses and scrutinise other evidence submitted during the disciplinary hearing.
Following the evidence presented by all parties, the Disciplinary Committee shall determine whether the Learner is guilty or not guilty of the alleged misconduct based on a balance of probabilities with reference to evidence presented. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling.
Should the Learner be found guilty, both the Learner and OOSA shall receive another opportunity to testify and/or make representations on mitigating and/or aggravating circumstances for consideration by the Disciplinary Committee in determination of an appropriate sanction. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling herein.
If the Learner has been found guilty of serious misconduct, the Disciplinary Committee, may impose any reasonable sanction with reference to the seriousness of the misconduct and any other relevant information or circumstances, which may include, but is not limited to, the expulsion of the Learner from OOSA.
The final outcome and sanction (if any) must be communicated to the Learner and their Parents withing five (5) school days after the disciplinary hearing. The outcome and sanction determined by the Disciplinary Committee is final and no appeal will be allowed.
