This section deals with disciplinary issues regarding misconduct, procedures to deal with misconduct and proposed penalties for such misconduct. The Watson Corporate Academy will at all times ensure that a balance is maintained between the rights and obligations of the learners and that of the Academy and the Group. Any form of misconduct will be dealt with in a strict manner however without compromising the basic fundamental rights of the learners of fairness and human dignity.
A learner shall be guilty of misconduct if he/she deliberately or through negligence:
- conducts himself/herself in a way which either in fact is or could be prejudicial to the good name of the Watson Corporate Academy, the maintenance of order and discipline at the Watson Corporate Academy or the proper performance of the work of the Academy
- refuses or fails to carry out a legitimate instruction(s) from a member of the Academic or Administrative staff members
- persistently fails to attend lectures, perform tasks, submit formative/summative assessments or in any other way perform the duties related to his/her studies
- infringes any Watson Corporate Academy rule not mentioned refuses to submit to the authority or any legitimate decision of the Board of Directors, the Watson Corporate Academy management, the Academic Board, or any other authoritative body of the academy
- encourages a fellow-learner to commit any of the above offences, or neglects to discourage such learner from misconduct when such discouragement could reasonably be expected of him/her
- conducts himself/herself in any other respect in an unbecoming, improper or disgraceful way on premises or elsewhere
- conducts unaccepted plagiarism in gathering research for assignment purposes and apply such plagiarism as own work
- bribe or influence fellow learners and or facilitators regarding assignments and assessment outcomes
When the Director/CLO of the Watson Corporate Academy receives information which indicates possible misconduct by a learner, the Director/CLO shall lay such information before the Executive Chairperson of the Academic Board and the relevant head of department who has nominated the learner for further action.
Before finding a learner guilty of misconduct, the charge and the material facts on which the charge rests will be given to the learner concerned, orally or in writing and shall give the learner an opportunity to defend himself/ herself against the charge by leading such evidence as may be necessary to further the ends of justice.
The following penalties in terms of these rules (these penalties must be used as a guideline) may be imposed:
- deprivation or refusal of all or some of the following learner privileges for a specified or unspecified time
- suspension from the Watson Corporate Academy for a specified period of time
- expulsion from the Watson Corporate Academy
- refusal of admission to any or all submission of portfolios for assessment
- forfeiture of a bursary
- forfeiture of any credits acquired for courses completed
- forfeiture of a certificate obtained in a dishonourable manner
- written apology to a specified person or body
- reimbursement for or repair of damage caused by a learner
- deducting the course amount from the monthly salary
The Executive Chairperson and the Director Education/CLO of the Watson Corporate Academy shall inform the Chief Executive Officer and the Board of Directors of the findings and the penalty imposed. The penalty will not come into effect before it has been confirmed by the Chief Executive Officer on behalf of the Board of Directors.
Right of Appeal
If one or more of the penalties mentioned are imposed, the learner may appeal to the Executive Chairperson against the finding and/or the penalty, provided his/her appeal and his/her reasons for making it are lodged in writing within (ten) days of written notification of such finding and penalty. The imposition of the penalty may be postponed pending the outcome of the appeal to the Executive Chairperson of the Watson Corporate Academy.
In cases where a learner lodges an appeal, the Director Education/CLO of the Watson Corporate Academy will submit a report on the investigation in writing to the Executive Chairperson, mentioning:
- the facts established, and
- the factors taken into consideration in the imposition of the penalty
The Executive Chairperson will have the power to uphold or reject the appeal, or to impose any penalty which was empowered to impose, or to arrive at such other findings or issues any instructions as may be necessary for justice to be done.
Suspension of learner
The Executive Chairperson may, if he/she deems it to be in the interests of the maintenance of good order and discipline at the Watson Corporate Academy, suspend a learner from the premises for a specified period.
The period of suspension may extend until such time as:
- the learner has been found not guilty
- the learner’s appeal has been upheld, or
- the coming into effect of the penalty imposed in terms of these disciplinary rules
The Executive Chairperson may at any time set aside the suspension which he/she has imposed on a learner and, after so doing, re-impose such suspension.
Any person who laid the charge, gave evidence before, or independently, investigated the validity or otherwise of the charge, shall be disqualified from being a member of the Disciplinary Committee.
In the event of an equality of votes in any decision of the Disciplinary Committee, the chairman shall have a casting vote.
The Executive Chairperson may at any time order that a disciplinary investigation be suspended for a reasonable period or be abandoned or that a pending investigation be transferred from one disciplinary body to another.
Any deviation from these rules may be condemned by the Board of Directors if it is of the opinion that such deviation has not caused any material injustice to be done.
A copy of these rules shall be made available as soon as possible to any learner against whom proceedings are instituted in terms of these rules.
If, owing to absence or incapacity, the Executive Chairperson is unable to exercise his/her powers under these rules, his/her functions may be carried out by the Chief Operational Officer or, in his absence, by such other person as may be designated by the Chief Executive Officer.
A learner shall not be entitled to legal representation but may be assisted by a fellow learner.
If a learner is found guilty of misconduct in terms of these rules this will be reflected on his academic record and recorded on the staff file.