Simulación del proceso de interceptación de lluvias

The school’s Code of conduct for learners is detailed and contains the required provisions as set out in the Guidelines for Code of conduct for learners.564

The Code of conduct for learners contains a section on the rights of the learners; this includes an emphasis on dignity and respect. Sections 1.1.6 – 1.1.9 provide for the following:

1.1.6 We support human dignity, equality and freedom of choice and association within the boundaries of the Code of Conduct.

1.1.7 We support non-discrimination and equality, the right to fair treatment before the law and by implication the Code of Conduct of the school.

1.1.8 We support privacy, respect and dignity, particularly referring to mutual respect for one another, their values and their traditions.

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1.1.9 We support non-violence and the freedom and security of a person implying non-cruelty, inhumanity, degrading and certain values of mediation and co-operation as well as the seeking of non-violent solutions to conflict and differences.

There is a section that specifically provides for how disciplinary proceedings should be conducted. Section 1.1.14 states that:

(i) Disciplinary action is applied reasonably, relevantly and consistently. Primarily it will be aimed at remedial and corrective action, and in extreme cases, punishment.

(ii) Any learner who is accused on account of misconduct will, unless the learner voluntarily pleads guilty, be considered not guilty, until guilt is proven by means of a fair hearing.

(iii) Excuses for/and admission of misconduct may not take place under duress of any nature and will not necessarily account for nullifying any form of unacceptable behaviour. This will only be allowed after due process and all stakeholders have been considered.

(iv) In principle, mass punishment is not allowed, with the exception of proven mutual conspiracy among the concerned learners, except the provisioning of detention classes as and when required.

(v) If a learner leaves the school premises without permission, the school will not be held responsible for any consequence of such action.

(vi) No discrimination against an HIV positive Learner or Educator is allowed.

These provisions are in line with section 33 of the South African Constitution as discussed in chapter 3 (cf. section 3.3.6 Just administrative action). Provision is made for both substantial and procedural fairness as is evident from the requirement that disciplinary action must be reasonable, relevant and consistent, and in providing for a fair hearing before any findings are made.

The Code of conduct for learners contains a provision that prohibits “violence, bullying, intimidation and threatening of any kind”. Although it may be argued that this provision is broad enough to cover cyber bullying, there are no provisions specifically relating to cyber bullying. Another provision states that “verbal, physical or any other form of abuse will not be tolerated”. Once again it can be argued that cyber bullying will be covered by this provision, but due to the unique nature of cyber bullying, this provision is not specific enough to deal with all the problems presented by cyber bullying (cf. section 2.3 C).

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Section 1.14 of the Code of conduct for learners specifically deals with cellphones and other electronic equipment.

1.14.1 Learners are not allowed to bring computer games, CD players, radios, cell phones, iPods, etc. to school – unless permission to do so has been obtained from the principal. 1.14.2 Cell phones may not be used during school time, only before and after school, and must

be switched off at all times during official school times.

1.14.3 Cell phones and electronic equipment used contrary to this rule will be confiscated immediately and will be retained in accordance with the Cell phone Policy and procedures of the school as follows: For the release of a cell phone the parent must pay a R150, 00 fine at the office.

1.14.4 Confiscated cell phones will only be returned to the parent accountable upon payment of the above charges.

1.14.5 Cell phones are brought to school mainly and solely at own risk and NO investigations regarding losses or thefts will be undertaken by the school.

1.14.6 NO earphones, DC players or MP3 players are allowed on the school premises and will be confiscated immediately.

1.14.7 Items confiscated will only be returned in line with the previous paragraph.

1.14.8 Unclaimed cell phones or electronic equipment will be offered for sale per auction at year end.

1.14.9 No cell phone theft will be investigated by the school.565

The Code of conduct for learners prohibits the use of cellphones and other electronic equipment during school hours. There are strict measures in place for the confiscation of electronic equipment when used during school hours. No provision is made for the use of school computers. Thus, although there are some measures in place to curb cyber bullying, and the use of equipment such as cell phones during school hours, the Code of conduct does not specifically provide for cyber bullying. Providing for the seizure of cell phones is not in line with section 8A of the Schools Act (cf. section 3.3.6 Just administrative action), as there are certain procedures that must be followed when seizing personal belongings. It can be argued that confiscation is provided for in the Code of conduct for learners and signed by parents and learners, and is thus a valid disciplinary measure.

The Code of conduct contains no warning with regard to possible criminal and civil charges that cyber bullying may attract. As it is an international law principle that

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children should only be held criminally liable as a last resort, it is preferable to deal with cyber bullying at a school level. This does not mean that the bully may not be held liable for the crimes and civil claims discussed in chapter 3 (cf. chapter 3, section 3.5), and learners should be warned expressly about these possible consequences to their actions.