Safe, Supportive and Disciplined School Environment

Version Number

7.3

Implementation Date

4/02/2015

Scope

All state schools

Purpose

This procedure sets out the step b​y step processes a school uses to promote a safe, supportive and disciplined learning environment as outlined in the Statement of expectations for a disciplined school environment.​

This procedure is supported by the Code of School Behaviour which defines the responsibilities for the expected behaviours and the Responsible Behaviour Plan for Students which sets out how behaviour is managed in a school. The procedure also outlines key responsibilities for Principals and school staff when using physical restraint or time out to facilitate a safe school environment.​​

Overview

This procedure aligns with the expectations for all Education Queensland personnel under The Code of School Behaviour, the Statement of Expectations for a Disciplined School Environment and legislative obligations to maintain good order and management of schools.

This procedure includes:

  • the requirement for all state schools to have a Responsible Behaviour Plan for Students
  • the application, where required, of Disciplinary Consequences
  • provision for the use of Time Out as a proactive strategy as well as a behaviour management strategy. Time out is defined as giving a student time away from their regular class program/routine:
    • to a separate area within classroom
    • to another supervised room or setting.
  • provision for the use of Physical Restraint, involving the manual restriction of a student’s movement for reasons of safety in cases where a student is behaving in a manner that is potentially injurious to themselves or others, or to prevent serious property damage.  It is used only as an immediate or emergency response or as part of a student’s individual plan, including prevention of self-harming behaviours. 

Each school determines the behaviour management strategies and disciplinary consequences which may be applied. Disciplinary consequences may include suspension, exclusion or cancellation of enrolment of a student. They can also include other strategies such as detention, Discipline Improvement Plans and Community Service Interventions.

Detentions, Discipline Improvement Plans and Community Service Interventions are optional disciplinary strategies which may be applied. They can be implemented to prevent the escalation of inappropriate behaviour or as a last resort alternative to suspension or exclusion. Community Service Interventions must take place outside of school hours. Suspension, exclusion and cancellation of enrolment are strategies of last resort. Principals are not able to delegate decisions for discipline improvement plans, suspensions, exclusions and cancellations of enrolment.

Failure to undertake a detention or Community Service Intervention during the weekend or agree to a Discipline Improvement Plan is not a ground for suspension, exclusion or cancellation of enrolment. However, the original behaviour for which the disciplinary consequence was applied may amount to a ground for suspension, exclusion or cancellation of enrolment.

Responsibilities

Teachers are responsible for giving and supervising detention, where authorised by the principal, in accordance with the school's student discipline procedures.

The principal is responsible for: implementing the core elements of the Statement of Expectations for a Disciplined School Environment; abiding by The Code of School Behaviour; developing a Responsible Behaviour Plan for Students; making and authorising decisions; assessing risks regarding disciplinary consequences; and documenting disciplinary consequences. Where principles of fairness (for example, relating to bias) make it inappropriate for the principal to make a decision, the principal contacts the Director-General.

The Director-General may delegate disciplinary decisions. If so, the delegate may exercise the Director-General’s power. The Director-General or delegate is responsible for: responding to submissions made against a principal’s decision to suspend a student for 11-20 days, a principal’s decision to suspend a student on a charge-related ground and a principal’s decision to exclude; exercising the suspension or exclusion power of the principal if the principal of a state school or the Director-General reasonably believes it would be appropriate for the Director-General to exercise the power; and responding to a periodic review submission related to a permanent exclusion.

The Director-General is responsible for: making decisions about excluding a student from a school, certain schools, or all Queensland state schools; and responding to submissions against Director-General decisions.

Time Out

The principal is responsible for using Time Out:

    • as  one of a range of options for students to manage their own behaviour
    • in order to assist a student in calming down process
    • as a strategy to reduce the frequency of a particular behaviour
  • including procedures as part of the school’s Responsible Behaviour Plan for students and/or as part of a student’s individual plan, including identification of situations or conditions where use of time out is and is not appropriate
  • ensuring all staff, students and parents are aware of the appropriate use of and procedures for time out
  • ensuring emergency procedures are in place for students ‘out of class’
  • reviewing the use of time out regularly.

School staff are responsible for:

  • following specific processes for Time Out.

Physical Restraint

School staff are responsible for:

  • using physical restraint
    • as an immediate or emergency response
    • as part of student’s individual plan, including prevention of self-harming behaviours
    • when other options have been considered such as allowing the student to withdraw or move away, or moving other people from the situation
    • after considering the welfare of student, staff and other students
    • with such force as is reasonable under the circumstances
    • in conjunction with teaching and reinforcement of alternative appropriate behaviour
  • developing strategies to deal with situations involving the use of physical restraint by
  • considering any issues that might exacerbate the situation such as
    • body language, tone of voice or facial expressions
    • student’s sensitivity to sounds or touch
    • student’s methods of communication
  • assuming a calm demeanour to avoid escalating student’s behaviour
  • maintaining appropriate observation or monitoring of student during and after incident of physical restraint
  • following specific processes for
    • Physical Restraint  - Immediate or Emergency Response
    • Physical Restraint – Planned Response including Prevention of Self-Harming Behaviours (individual plan).

Process

The Principal:

  • develops a Responsible Behaviour Plan for Students in consultation with the school community, which is consistent with this procedure and outlines the expected behaviour and the types of disciplinary consequences that may be used for inappropriate behaviour
  • authorises staff to make decisions on appropriate consequences and implement disciplinary strategies (except for suspensions, exclusions and cancellations of enrolment) in line with the Responsible Behaviour Plan for Students
  • determines the school’s procedures relating to detentions
  • for after-hours detention (including detentions on a day other than a school day)
    • arranges appropriate supervision
    • consults with parents about a suitable day/time in which the detention is to be completed within any parameters set by the school
    • notifies the student and their parent of the school’s procedures, including the responsibilities of the student, parent and school in relation to supervision arrangements and start and finish times
  • where required, develops a Discipline Improvement Plan in consultation with the student and parent
  • for Community Service Interventions (where students are under the direct supervision of the principal/teacher)
    • conducts a risk assessment and develops a risk management plan
    • ensures activities occur either on school grounds or as part of a school activity
    • arranges appropriate supervision of the participating students at all times by a school-based employee and ensures the students are adequately supervised at all times
    • obtains written consent from the student’s parent
  • for Community Service Interventions with a host organisation (students aged 14 years of age and over only)

Applying disciplinary consequences

The Principal or Director-General (or delegate):

  • undertakes an assessment of the behaviour, the level of risk and the appropriate level/type of disciplinary consequences to be applied
  • takes into account a student’s individual circumstances, such as the student’s behaviour history, disability, mental health and wellbeing, religious and cultural considerations, home environment and care arrangements
  • considers if another disciplinary strategy or consequence would be more appropriate
  • documents disciplinary consequences in the individual student record
  • takes account of the following requirements
    • the principle of procedural fairness applies in all decision making
    • the grounds for suspending or excluding a student apply to all students, including mature aged students
    • the conduct of a student includes an omission to perform an act by the student
    • the conduct of a student may be a ground for suspension or exclusion, even if the conduct does not happen on school premises, or during school hours
    • an offence includes an act or omission committed outside of Queensland that would be an offence if it were committed in Queensland
    • if it is inappropriate to provide the notice directly to the student (e.g. due to a student’s young age or disability), the student notice is included with the parent notice. If it is inappropriate to provide the notice to the parents (e.g. if the student is living​ independently or is over 18 years of age), the notice is only provided to the student.

Submissions may be made to review 11-20 day suspensions, exclusions and cancellations of enrolment and to revoke a permanent exclusion on each 12 month anniversary of the exclusion decision until the student turns 24.

Suspensions (1 – 10 days, 11-20 days)

The Principal:

  • considers whether behaviour constitutes one or more of the following grounds under s.282 of the EGPA
    • disobedience
    • misbehaviour
    • conduct that adversely affects, or is likely to adversely affect, other students enrolled at the school
    • conduct that adversely affects, or is likely to adversely affect, the good order and management of the school
    • the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or staff of the school
  • gives the student and parent the opportunity to consider the relevant evidence
  • gives the student and parent the opportunity to discuss the allegations and respond if they choose
  • verbally notifies the student and parent of the suspension and the date on which it will commence
  • is mindful of the school’s duty of care and takes reasonable steps to ensure that parents have made appropriate arrangements prior to the student leaving the school grounds
  • either: prepares a decision notice on the approved form for 1-10 day suspensions and gives it to the student and parent as soon as practicable; or prepares a decision notice on the approved form for 11-20 day suspensions, including details about making a submission to the Director-General or delegate, and gives it to the student and parent as soon as practicable
  • takes reasonable steps to arrange for the student to access an educational program to allow the student to continue with their education whilst suspended
  • appoints a school staff member as the contact for the suspended student
  • ensures the suspension is completed in the current school year
  • responds to any request from the Director-General or delegate for information if a submission is made (for 11-20 days suspensions only).

Suspensions (charge-related)

The Principal:

  • determines if there is sufficient information to make a disciplinary decision in respect of a student suspected of being charged with an offence that is a serious offence as defined by section 167 of the Working with Children (Risk Management and Screening) Act 2000; or an offence other than a serious offence, and the principal is required to consider whether the student’s attendance at school would not be in the best interests of other students or of staff
  • if necessary, requests the Director-General to obtain information from the Queensland Police Commissioner for the purposes of informing the decision-making process (See Principal’s guidelines: Requesting the Director-General to obtain information from the Queensland Police Commissioner for the purpose of student disciplinary decision)
  • accesses any information provided by the Director-General via the Confidential Attachment section in the student’s OneSchool behaviour profile. This information must only be used for the purpose of making the disciplinary decision
  • using available information (which may include information from the Director-General), considers whether the student’s behaviour constitutes one or more of the following grounds under s.282 of the EGPA
    • the student is charged with a serious offence (as defined by section 167 of the Working with Children (Risk Management and Screening) Act 2000); or
    • the student is charged with an offence, other than a serious offence and the principal is reasonably satisfied it would not be in the best interests of other students or staff for the student to attend the school while the charge is pending
  • gives the student and parent the opportunity to consider the relevant evidence
  • gives the student and parent the opportunity to discuss the allegations and respond if they choose
  • verbally notifies the student and parent of the suspension and the date on which it will commence
  • is mindful of the school’s duty of care and takes reasonable steps to ensure that parents have made appropriate arrangements prior to the student leaving the school grounds
  • ensures a regional case manager is allocated through OneSchool
  • follows the OneSchool wizard for creating a record for a suspension on a charge-related ground and prepares a notice on the approved form in OneSchool, including details about making a submission to the Director-General or delegate and gives it to the student and parent as soon as practicable. The behaviour record and the uploaded, signed letter will be set to Senior Responsible Principal only access. This means only the principal (Executive Principal in the case of multi-campus schools) will be able to view the record. No hard copies of the information about a student’s charges or the disciplinary absence notice must be kept by the school.
  • takes reasonable steps to arrange for the student to access an educational program or a school of distance education to allow the student to continue their education whilst suspended (note: the student can access distance education on a fee-free basis)
  • responds to any request from the Director-General or delegate for information if a submission is made
  • as soon as the charge is dealt with
    • decides to propose to exclude the student and moves directly to the proposal to exclude process; or
    • decides not to propose to exclude the student and prepares a notice on the approved form in OneSchool stating that the suspension has ended.

Note 1:  The  EGPA provides that the principal may decide to end the suspension on a day before the charge is dealt with if the principal, after considering all the information and the risks, is satisfied that it would be appropriate for the student to attend the school while the charge is pending. If so, the principal must tell the student about the decision and give the student a notice on the approved form about the decision.

Note 2:  Once the suspension documentation is finalised, the principal’s access to the Confidential Attachment tab will be removed. The documentation will remain accessible to the DG’s delegate in Central Office for the purposes of appeal decisions.

Submission against an 11-20 day suspension or charge-related suspension

The Director-General (or delegate):

  • gathers any additional information required to address the points raised in the submission and provides de-identified copies of any relevant new materials that were considered to the student and/or parent to allow them to consider the material and to provide a response
  • confirms, varies, or sets aside the decision to suspend the student following consideration of the submission, investigation report and any other relevant information provided
  • informs the student, principal and parent of the decision as soon as practicable
  • prepares a decision notice on the approved form and sends a decision notice to the student, parent and principal, as soon as practicable.

Exclusion

The Principal:

  • considers exclusion only if suspension is inadequate to deal with the student’s disobedience, misbehaviour, conduct or risk
  • considers whether the student’s behaviour constitutes one or more of the following grounds under s.292 of the EGPA
    • persistent disobedience
    • misbehaviour
    • conduct that adversely affects, or is likely to adversely affect, other students enrolled at the school
    • conduct that adversely affects, or is likely to adversely affect, the good order and management of the school
    • the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or staff of the school
    • the student has been convicted of an offence and the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school
  • ensures a regional case manager is allocated through OneSchool
  • gives the student and parent the opportunity to consider the relevant evidence
  • verbally notifies the student and parent of the suspension and the date on which the suspension will commence
  • is mindful of the school’s duty of care and takes reasonable steps to ensure that parents have made appropriate arrangements prior to the student leaving the school grounds
  • creates a suspension with a proposal to exclude notice on the approved form in OneSchool and provides the notice to the student and parent as soon as practicable
  • takes reasonable steps to arrange for the student to access an educational program to allow the student to continue their education
  • decides whether to exclude or not exclude, within 20 school days after giving the student the proposed exclusion notice
  • creates a notice on the approved form in OneSchool outlining the decision to exclude or not exclude and provides details about the right to make a submission to the Director-General or delegate and immediately notifies the student, their parent and regional case manager.

Exclusion based on the ground of a student being convicted of an offence and the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school

In order to satisfy an exclusion based on the ground of a student being convicted of an offence, the principal must:

  • determine if there is sufficient information to  make a disciplinary decision in respect of a student suspected of being convicted of an offence that is a serious offence as defined by section 167 of the Working with Children (Risk Management and Screening) Act 2000; or an offence other than a serious offence, and consider whether the student’s attendance at school would not be in the best interests of other students or of staff
  • if necessary, request the Director-General to obtain information from the Queensland Police Commissioner for the purpose of informing the decision-making process (See Principal’s guidelines: Requesting the Director-General to obtain information from the Queensland Police Commissioner for the purpose of student disciplinary decision)
  • if provided, accesses the information provided by the Director-General via the Confidential Attachment section in the student’s OneSchool behaviour profile
  • consider the information to determine if the student’s behaviour meets the ground for an exclusion based on a conviction and assesses whether their attendance at school would not be in the best  interests of other staff and students using the Principals’ risk assessment tool: to inform the disciplinary decision making process
  • must not use the information about a student’s conviction(s) other than to make a disciplinary decision

If satisfied there is a ground for exclusion, the Principal:

  • ensures a regional case manager is allocated through OneSchool
  • gives the student and parent the opportunity to consider the relevant evidence
  • verbally notifies the student and parent of the suspension and the date on which the suspension will commence
  • is mindful of the school’s duty of care and takes reasonable steps to ensure that parents have made appropriate arrangements prior to the student leaving the school grounds
  • follows the OneSchool wizard for creating a record for a suspension with a proposal to exclude notice on the ground of a conviction, ensuring the notice is signed and uploaded under Senior Responsible Principal only access in OneSchool (This means only the principal, or the Executive Principal in the case of multi-campus schools, will be able to view the record)
  • provides the notice to the student and parent as soon as practicable including details about making a submission to the Director-General or delegate
  • takes reasonable steps to arrange for the student to access an educational program to allow the student to continue their education
  • decides whether to exclude or not exclude, within 20 school days after giving the student the proposed exclusion notice
  • creates a notice on the approved form in OneSchool outlining the decision to exclude or not exclude on the ground of a conviction, ensuring the notice is signed and uploaded under Senior Responsible Principal only access
  • in the event of an exclusion provides details about the right to make a submission to the Director-General or delegate and immediately notifies the student, their parent and regional case manager.

Suspension or Exclusion: Director-General exercising the power of the principal

The Director-General (or delegate):

  • follows the same process as the principal if exercising the principal’s power to suspend or exclude.

Exclusion: Director-General – certain state schools or all state schools

The Director-General:

  • considers whether exclusion by the principal under Part 12, Division 3 of the EGPA is inadequate to deal with the disobedience, misbehaviour, conduct or risk
  • considers whether the behaviour constitutes one or more of the following grounds under s.299 of the EGPA
    • persistent disobedience
    • misbehaviour
    • conduct that adversely affects, or is likely to adversely affect, other students
    • conduct that adversely affects, or is likely to adversely affect, the good order and management of the school
    • the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or staff of the school
    • the student has been convicted of an offence and the Director-General is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school
  • gives the student and parent, if appropriate, the opportunity to view the relevant (de-identified) materials being considered and to respond to the allegations
  • ensures a regional case manager is allocated
  • verbally notifies the student and parent of the suspension pending exclusion and the date on which the suspension will commence
  • creates a suspension with proposal to exclude notice on the approved form and  provides the notice to the student and parent as soon as practicable
  • contacts OneSchool to request a Director-General flag is added to OneSchool if the decision is to suspend with a proposal to exclude
  • takes reasonable steps to arrange for the student to access an educational program to allow the student to continue their education
  • considers any submission made by the student or parent against the proposal to exclude
  • within 30 school days after giving the student the proposed exclusion notice, decides whether to exclude or not exclude
  • creates a notice on the approved form outlining the decision to exclude or not exclude the student and details about the right to make a submission to the Director-General or delegate (where appropriate)
  • as soon as practicable, notifies the student, their parent and the regional case manager
  • contacts OneSchool to update the Director-General flag.

Submissions against a Principal’s or the Director-General’s decision to exclude

The Director-General (or delegate):

  • gathers any additional information required to address the points raised in the submission and provides de-identified copies of any relevant new materials that are being considered to the student and/or parent and provides an opportunity for them to respond to the material
  • makes the decision to confirm, amend, or set aside the decision to exclude the student and creates a decision notice within 40 school days after receiving a submission
  • informs the student, principal, case manager and parent of the decision as soon as practicable and gives a notice to the excluded student, the principal and the parent within 7 days after telling the excluded student about the decision.

Periodic review of submissions against permanent exclusion

The Principal, Director-General (or delegate):

  • gathers any additional information required to address the points raised in the submission and provides de-identified copies of any relevant new materials that were considered to the student and/or parent and provides an opportunity for them to respond to the material
  • makes a decision within 40 school days of receiving a submission to either
    • revoke: if the disobedience, misbehaviour or other conduct is unlikely to recur if the student was allowed to attend the school or schools; if the student’s attendance at the school or schools no longer poses an unacceptable risk to the safety or wellbeing of other students or staff; or it would no longer not be in the best interests of other students or of staff for the student to be enrolled in the school or schools
    • not revoke the decision to exclude the student
  • gives written notice to the student, principal, parent and regional case manager of the decision.

Cancellation of Enrolment

The Principal:

  • considers that the behaviour of the student who is older than the compulsory school age amounts to a refusal to participate in the educational program provided at the school
  • verbally provides a warning to the student of the refusal to participate, the school’s expectations for participation in the educational program and allows the student a reasonable opportunity to meet the school’s expectations
  • has the option to provide the student (and parent if the student is under 18 years of age) with a written warning notice in OneSchool
  • considers the evidence and makes a decision about whether to cancel the student’s enrolment if the student continues to refuse to participate
  • informs the student (and parent if the student is under 18 years of age) of the decision as soon as practicable
  • creates a decision notice on the approved form in OneSchool if the decision is to cancel the enrolment and gives the student (and parent if the student is under 18 years of age) the notice which contains details about the right to make a submission to the Director-General or delegate.

Submission against the Principal’s decision to cancel enrolment

The Director-General (or delegate):

  • gathers information required to address the points raised in the submission, provides de-identified copies of materials that were considered to the student and/or parent and provides an opportunity for them to respond to the material
  • confirms, varies, or sets aside the decision and substitutes another decision to cancel the enrolment of the student following consideration of the submission, investigation report and any other information provided
  • informs the student, principal (and parent if the student is under 18 years of age) of the decision as soon as practicable
  • creates a written notice on the approved form of the decision and gives it to the student and/or parent as soon as practicable after telling the student.

Time Out

Principals and School Staff:

  • keep the student in any time out area under supervision at all times
  • ensure the student is safe
  • give the student opportunity to rejoin class in intervals of no more than 10 minutes
  • provide the student with opportunities to complete assignments or assessments to fulfil educational requirements
  • if applying time out as a management technique, ensure that it is consistent with
    • developmental stage of the student
    • any special needs that the student may have
  • should use of time out with a particular student become increasingly frequent or regular, develop more comprehensive strategy to support student’s full participation in the educational program.

Physical Restraint  - Immediate or Emergency Response

Principals and School Staff:

  • give clear verbal instruction before physical intervention is used, unless the urgent nature of the situation makes this impractical
  • call for assistance from another member of the school staff and make arrangements to ensure that other students in the vicinity are safe and properly supervised
  • notify the principal (if not directly involved) and the student’s parent of the incident, detailing:
    • the behaviour that preceded the use of physical restraint
    • the type and duration of restraint used
    • staff members and other witnesses present during the period of the incident
    • student’s physical condition before and after physical restraint
    • counselling provided to the student following the period of physical restraint
    • planned future action to prevent further incidences of the behaviour
  • prepare an incident report
  • provide debriefing for the student and any other students after a suitable interval of time has elapsed
  • hold a debriefing meeting with the relevant staff members
  • develop an individual plan if physical restraint is necessary as an ongoing strategy.

Physical Restraint – Planned Response including Prevention of Self-Harming Behaviours (individual plan)

When physical restraint is used as part of a student’s individual plan:

Principals:

  • provide physical restraint training for staff when individual plans involve physical restraint
  • document any staff training and professional development
  • include physical restraint processes in the school’s Responsible Behaviour Plan for Students in locations where individual plans may involve physical restraint
  • approve individual plans and provide copy of plan to principal’s supervisor or delegate.

Principals and School Staff:

  • develop the student individual plan by
    • including strategies to reduce the frequency and severity of inappropriate behaviours and increase socially appropriate and positive behaviours
    • not using physical restraint process in isolation
    • developing procedures with support personnel, parents and relevant staff including medical practitioner or other appropriate professional personnel where applicable
    • identifying strategies to reduce and eliminate the need for physical restraint
  • in preventing self-harming behaviours
    • consider whether safety can be restored in another practicable way such as removing potentially harmful objects
    • employ a range of responses including increased monitoring and support within the classroom and/or referral to appropriately trained staff
    • use postural, or movement limiting, and/or protective devices at times when there is a high risk of injury
  • complete documentation according to Student Protection
  • employ responses to support student and to support any other student or staff who may be affected by witnessing an incident of self-harm
  • establish a regular review process to monitor effectiveness of strategies and procedures, including advice from the medical practitioner or other appropriate professional personnel where applicable.

The Principal’s Supervisor:

  • receives and monitors individual plans

Online Resources

Review Date

30/07/2016
Attribution CC BY

Approved form
An approved form for a School Disciplinary Absence (SDA) is the departmental proforma located in OneSchool, which has been gazetted in the Queensland Government Gazette, as prescribed in part 12 of the Acts Interpretation Act 1954.

Charge related ground
As outlined in s.282 of the Education (General Provisions) Act 2006 (Qld) (EGPA), a charge related ground is where the student is either charged with a serious offence or the student is charged with an offence other than a serious offence and the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.

Community Service Intervention
A Community Service Intervention is a disciplinary option available to principals, with the consent of the student and their parent, to address inappropriate student behaviour. The student performs unpaid work or activities in their local community or school with a host organisation or under the supervision of a school staff member.

Compulsory school age
A child is of compulsory school age if the child is at least 6 years and 6 months and less than 16 years of age.  However a child is no longer of compulsory school age if the child has completed Year 10.

Conduct 
Conduct refers to the behaviour of a student specifically described in s. 282 (c) (d) and s.283 (3) of the EGPA. Conduct of a student may be a ground even if the conduct does not happen on school premises, or during school hours. Conduct of a student includes an omission to perform an act by the student.

Discipline Improvement Plan
A Discipline Improvement Plan is a written agreement that sets out strategies and steps to improve a student’s behaviour. It outlines the expectations for behaviour, the consequences for inappropriate behaviour and the support that will be provided by the school.

Dealt with
Dealt with in relation to a charge against a student for an offence means any of the following:

  • the student is acquitted or convicted of the charge
  • the student is convicted of another offence arising out of substantially the same acts or omissions as those constituting the charge
  • the charge is withdrawn or dismissed or a nolle prosequi (a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered) or no true bill (the prosecution decides not to present an indictment against an accused person after the accused person has been committed by a Magistrates Court to stand trial in a superior court, thereby ending the prosecution) is presented in relation to the charge.

Procedural fairness
Procedural fairness comprises two elements:

  • the right to be told the allegations against you, a reasonable opportunity  to see and consider the evidence relied upon by the decision maker, and a reasonable opportunity to present your case and be given a fair hearing before the decision is made
  • the right to have a decision made by an unbiased decision maker.