Ākonga/Learner Discipline - OPBD Procedure

To provide operational ākonga/learner discipline procedures when ākonga has breached the Learner Rights and Responsibilities at the Otago Polytechnic Business Division of Te Pūkenga.

Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021. 

Ombudsmen Act 1975 and all subsequent amendments.

Privacy Act 2020 and all subsequent amendments.

Human Rights Act 1993 and all subsequent amendments.

1. The Executive Director delegates the investigation of all ākonga disciplinary matters directly to the Te Kaihāpai.
2. The Te Kaihāpai has the authority to action a range of disciplinary measures, including but not limited to, suspension or exclusion, cancelling academic results, issuing fines, and seeking damages or reparation.
3. Ākonga has the right to advocacy, and support from a support person, whanau, representative or nominee of the Otago Polytechnic Business Division (OPBD) Students Association (OPSA).
4. Ākonga are entitled to culturally appropriate support and processes during the investigation of allegation(s).
5. Any matter of concern that might lead to actions under this procedure, will be raised with the ākonga as early as possible with the intention of resolution as directly and informally as possible.
6. With reference to the Smokefree/Auahi KorePolicy, ākonga who is found smoking or vaping in any part of the OPBD premises will be asked to move off the premises.

6.1. If the same ākonga is found smoking or vaping again on OPBD premises an instant fine of twenty dollars ($20) may be imposed by the Te Kaihāpai.

6.2 Any money collected from these fines will be donated to the Otago Polytechnic Limited Education Foundation.

Allegation and Investigation

7. Ākonga who allegedly breaches OPBD rules and/or exhibits unacceptable behaviour, in the first instance. The Head of College will discuss the allegation with ākonga concerned and carry out a preliminary investigation.

7.1 The Head of College may refer the matter directly to the Te Kaihāpai for investigation, support or decision-making if the Head of College feels that such action is appropriate for any reason.

8. If found that there is no case to answer no further action will be taken.
9. If there is a case to answer, ākonga will be provided with a written decision, warning, and/or any resulting actions as soon as possible after the investigation is complete.

9.1 All dates, details, (using the learner number rather than name), copy of letter(s) and evidence will be forwarded to the Te Kaihāpai by way of notification to be entered in the Notification, Complaints, Discipline, and Appeals Register.

10. If ākonga believes this decision is unfair, they may write to the Te Kaihāpai within seven (7) working days of receiving notice of the decision to request reconsideration by indicating which part of the decision they are asking to be addressed and including grounds for the reconsideration.
11. If necessary, the Te Kaihāpai may ask ākonga to attend an additional hearing to further investigate the allegation.

11.1 If ākonga do not attend without notification and good reason the Te Kaihāpai may consider the allegation in the absence of ākonga.

12. Ākonga will be provided with a written decision by the Te Kaihāpai within five (5) working days of the hearing.
13. The Te Kaihāpai will also notify the Head of College of the decision who in turn may inform their staff as they see fit.
14. The University of Otago’s Proctor (Proctor), who manages Campus Watch, has delegated authority from OPBD to deal with OPBD ākonga found behaving inappropriately, or illegally, by way of actions that are unreasonably disruptive to other members of the local community, in the same way as for a University of Otago ākonga.

14.1 If, after reasonable enquiry and after meeting with ākonga concerned, the Proctor is satisfied that ākonga is guilty of an offence, they may deal with ākonga in one or more of the following ways:

a:   Discharge ākonga conditionally or absolutely.

b:   Advise or reprimand ākonga.

c:   Impose a fine not exceeding five hundred dollars ($500).

d:   Direct the return of any property acquired through misconduct.

e:   Direct the payment of compensation of up to five thousand dollars ($5,000) in respect of any damage incurred through the misconduct.

f:    Direct ākonga to carry out work of value to OPBD or the local community for up to forty (40) hours.

g:   Direct ākonga not to attend a specific social function or functions, or not to visit some specific part of OPBD (or University), including Halls of Residence for a period of up to 31 December in the year in which the penalty is imposed.

15. Direct ākonga to undertake an alternative penalty that is developed in consultation with relevant cultural advisors and meets the expectations of both the Proctor and the relevant community.15.   Ākonga may appeal the decision of the Proctor by writing to the Te Kaihāpai, OPBD within seven (7) days outlining the grounds for the appeal. The Te Kaihāpai may uphold the appeal, investigate the matter further, or reject the appeal.
16. In any case, where the Proctor considers that the circumstances of ākonga offending or alleged offending requires formal consideration or that the circumstances of ākonga offending or alleged offending may warrant penalties beyond those which the Proctor is empowered to impose, the Proctor may refer the ākonga to the Te Kaihāpai who may deal with a complaint in one or more of the following ways:

a:   Discharge ākonga conditionally or absolutely.

b:   Advise or reprimand ākonga.

c:   Impose a fine not exceeding one thousand dollars ($1,000).

d:   Direct the return of any property acquired through misconduct.

e:   Direct the payment of compensation up to five thousand dollars ($5,000) in respect of damage to property.

f:    Direct ākonga to carry out work of value to OPBD or the local community for up to sixty (60) hours.

g:   Direct ākonga not to attend a specific social function or functions, or not to visit some specific part of OPBD, including Halls of Residence for a period of up to 31 December in the year in which the penalty is imposed.

1. Direct ākonga to undertake an alternative penalty that is developed in consultation with relevant cultural advisors and meets the expectations of both the Te Kaihāpai and the relevant community.

Suspension

17. If the Te Kaihāpai considers an allegation to be sufficiently serious (i.e., threaten the safety of ākonga or others), the Te Kaihāpai may suspend ākonga while the allegation is investigated.
18. Suspension is a short-term exclusion and is the formal process by which the ākonga are temporarily prohibited from attending classes or refused access to services provided by OPBD.
19. If ākonga performance or participation in any off-site excursion, practical, or work experience is, at the absolute discretion of OPBD, unsatisfactory for whatever reason, OPBD may temporarily remove ākonga attendance from the off-site excursion, practical, or work experience, and OPBD’s relevant procedures will be instigated.

Exclusion

20. 
    In the case of serious misconduct or breach of discipline, a learner may be excluded from Otago Polytechnic Limited. All exclusions must be authorised by the Te Kaihāpai following consultation with the Executive Director or by the Executive Director directly.

Appeals

21. If ākonga remains dissatisfied section 13(1) of the Ombudsman Act 1975 or take legal action.

Reporting

22. 
    The Te Kaihāpai will sign off the actions in the OPBD Notifications, Complaints, Discipline and Appeals Register once the matter is concluded.
23. Using the information in the Notifications, Complaints, Discipline, and Appeals Register, the Te Kaihāpai shall prepare in February shall prepare a summary report of the previous year’s investigations and notifications in February of each year. Copies are to be sent to the Executive Director.

Te Pūkenga Policies

• Te Pūkenga Kaupapa-here Ākonga Concerns and Complaints Policy
• Te Pūkenga Kaupapa-here Ākonga Appeals Policy

Otago Polytechnic Business Division Policies and Procedures

Smokefree/Auahi Kore Policy

Programme Entry, Continuation and Exclusion OPBD Procedure

International Learner Attainment and Attendance Policy

Harassment and Bullying Prevention and Management Policy

Other References

 Learner Rights and Responsibilities 

Policy Version V6: Previously Coded: MP0602

Policy Version V6: Previously Coded: MP0602