Governance

Discipline penalties

 

16.1 General Regulations

16.1.1 The chair of the Discipline Committee will submit a written report of the investigation to the Guild Council at the first Guild Council meeting after the Discipline Committee has made its decision.

16.1.2 The report will include—

(a) copies of all written declarations and other documentary evidence presented to the Discipline Committee;

(b) a summary of oral evidence presented to the Discipline Committee;

(c) particulars of the decision; and

(d) reasons for the decision.

16.1.3 Any member of the Discipline Committee may submit a dissenting report to the Guild Council.

16.1.4 The Guild Council is not able to vary or set aside any decision of the Discipline Committee unless an appeal is made by the relevant persons or University society.

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16.2 Penalties

16.2.1 Except where otherwise expressly provided, an ordinary member or associate member who contravenes the Guild rules is liable to perform or pay (as relevant):

(a) for a first offence, a fine not exceeding $40;

(b) for a subsequent offence of the same nature as a prior offence, a fine not exceeding $100;

(c) for a serious offence, or any third or subsequent offence, or for non-payment of a fine within the prescribed period, a fine not exceeding $200; or

(d) any other non-monetary punishment that the Discipline Committee deems fit.

16.2.2 Where a person has—

(a) committed a serious contravention,

(b) committed a third or subsequent contravention of Guild Rules, or

(c) not paid any fine imposed by the Discipline Committee within the prescribed period, the Guild Council, on recommendation of the Discipline Committee under Regulation 15.3.17, may in addition to any other penalty imposed in terms of Regulation 16.2.1:

(i) exclude the person for a period not exceeding one year from all buildings occupied by the Guild; or

(ii) recommend to the Senate that the person be expelled from, suspended for a specified period from, or not readmitted to the University.

16.2.3 A penalty may be imposed collectively upon a group of members, associates or both, or upon a University society, if it is found that the individuals of the group or society were jointly and severally responsible for the offence or that the individual or individuals responsible belong to the group or society but cannot be identified.

16.2.4 Unless determined otherwise by the Appeals or Discipline Committees, any fines imposed for the contravention of any of the provisions included in the Guild Statute Book must be paid within 14 days.

16.2.5 An ordinary, associate or honorary life associate member of the Guild may be disciplined in accordance with these Regulations if they are shown to have—

(a) persistently committed breaches of discipline or to have flouted the authority of the Guild Council or any duly appointed employee or officer of the Guild; or

(b) behaved within the precincts in a manner which discredits the Guild of Undergraduates.

16.2.6 A member or associate who makes a false statement, knowing it to be false or not believing it to be true, in any declaration made under these Regulations or in any disciplinary investigation before the Guild Council sitting as the Appeals or Discipline Committees, is liable to a fine not exceeding $50.00.

16.2.7 Members and associates giving evidence before any such Council or committee will be warned of the penalties that may be incurred for making false statements.

16.2.8 Notices relating to disciplinary investigations or appeals may be served personally or by registered post.

16.2.9 A notice served by registered post, addressed to the person to whom it is directed at their last known place of residence, in the absence of evidence to the contrary, may be presumed to have been received by them in the ordinary course of the post.

16.2.10 A notice served on the Secretary of a University society is sufficient notice to the society.

16.2.11 A disciplinary officer, council, committee or society who referred a matter for investigation, and the person, persons or society charged, may appeal to the Guild Council against any decision of the Discipline Committee made on the matter.

16.2.12 Notice of the appeal must be in writing setting out the grounds for the appeal and must reach the Secretary of the Guild within 14 days after the notice of the decision to which the appeal applies was served on the appellant.

16.2.13 A copy of the notice must also be served within the 14 days upon the other party or parties concerned.

16.2.14 The notice of appeal and its service under these Regulations is the responsibility of the appellant.

16.2.15 When notice of appeal is duly given, action on the decisions of the Guild Discipline Committee must be stayed.

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