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Stellenbosch University says disciplinary procedure into urination incident must be conclusive

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Stellenbosch University says disciplinary procedure into urination incident must be conclusive

20th May 2022

By: News24Wire

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Stellenbosch University (SU) says that although it has expedited the investigation into Theuns du Toit and the urination incident, it must still follow proper processes.

Du Toit was suspended on Monday following a video taken by fellow student Babalo Ndwayana early on Sunday morning at Huis Marais student residence. 

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Ndwayana said he woke to hear someone in his room, and started filming Du Toit urinating at a corner desk where his study materials were kept. 

The incident has outraged and upset many students and staffers, with the departments of humanities and social sciences joining those who have already described it as racist and dehumanising.

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Ten heads of department stated they were appalled by the incident that Ndwayana had the presence of mind to film, and to avoid a confrontation.

"What occurred in Huis Marais is a form of behaviour that is always and everywhere utterly unacceptable, and that cannot be tolerated in the ranks of any adults, let alone students of our university," they said in a statement.

"It is to be rejected unconditionally and in strong language."

"The heads of department also wanted to put on record their own apology to Ndwayana," they said, expressing how worried they were about the prevalence of a "lack of basic respect" on campus. 

By Thursday, protesting students were very angry that du Toit had not been expelled yet, with one student loudly questioning whether Du Toit's DNA was being collected.

Parallel processes are under way at the moment, with the university's own investigation and disciplinary process, and a police investigation into crimen injuria, malicious damage to property and housebreaking. 

Father and son talks between the two families are also planned.

Ndwayana's faculty committee has also put out a call to replace lost notes due to damage caused during the incident. 

But the impatience over what will happen to Du Toit has led Vice-Chancellor Wim de Villiers to urge patience to ensure a solid outcome.

- Unfair discrimination, harassment, sexual harassment, gender-based violence and victimisation are reported to the Equality Unit first for preliminary investigation. The process is guided by the Policy on Unfair Discrimination and Harassment. 

- The policy stipulates that the matter should be investigated promptly, and each case is investigated on its own merits. This will include inviting everyone involved to provide information and statements where applicable.

- The Equality Unit considers the facts and makes recommendations on whether a formal student disciplinary process should be followed (applicable to student misconduct) and/or be referred to human resources (applicable to staff misconduct) for further investigation and the appropriate action to be taken. 

- Key principles are confidentiality, procedural fairness to all parties and timeous processes.    

- In discriminatory complaints, Student Discipline will receive a report from the Equality Unit recommending a disciplinary investigation.  

- When the student discipline investigation is completed, and it is found that there are sufficient grounds to charge a student for misconduct, the implicated student will be presented with a letter containing the preliminary allegations against them.

- They have 72 hours to respond. Thereafter, Student Discipline presents the investigation bundle and the implicated student’s statement to the chairperson of the Central Disciplinary Committee (CDC), who must decide whether a matter must be referred to a disciplinary hearing. 

- If a matter is referred to a disciplinary hearing, the implicated student must be given a notice of ten workdays of the hearing. A disciplinary panel will preside over the hearing and decide on the outcome of the hearing. 

- Under certain circumstances the rector can suspend a student from the University pending disciplinary investigation. 

- Because that decision is often taken under pressure and "in the heat of the moment", the Student Disciplinary Code make provisions for a confirmation of suspension hearing to take place before a CDC panel within five workdays to review/ratify or amend that decision.

- The Huis Marais residence management was made aware of the incident on Sunday, whereafter they immediately reported it to the relevant university structures for urgent investigation. 

- Since then, the investigation received priority attention by SU management. The student captured on the video was suspended from the university pending the outcome of an investigation on Monday, 16 May. 

- The Equality Unit expedited its investigation and finalised its report into the matter and the report with recommendations has been referred to the Office of Student Discipline. 

- All cases are confidential, and the confidentiality of the complainant and respondent should be respected. 

- A decision on whether the findings will be made public will be communicated in due course. 

- The Confirmation of Temporary Suspension Hearing was set for Thursday 19 May 2022 before a central disciplinary committee panel. 

- The Student Discipline Code requires this hearing to take place within five working days after receipt of the temporary suspension letter by the implicated student. The purpose of this hearing is for the CDC to decide whether they confirm, amend or set aside the rector’s decision to suspend the student pending the finalisation of the disciplinary proceedings. 

The Office of Student Discipline had commenced its investigation into the complaint by Thursday's reply to News24's questions. 

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