
Update on SRC memo and recent incidents at SU
Update on SRC memo and recent incidents at Stellenbosch University: Stellenbosch University (SU) takes a zero-tolerance approach to racism, discrimination, prejudice and violence on campus. As communicated before, we are strengthening our existing measures, taking new, comprehensive steps and continuing to improve our approach to combat such violations. As the SU leadership, we are sensitive to the wellbeing of all our students and staff, and to the impact such incidents have on the University community. Following the recent incident at Eendrag residence, the Rectorate reiterates that we condemn the actions of students who violate the rights of their peers. We seek good governance, robust regulations and fairness at every turn.Over the past few months, we have followed various institutional processes relating to these incidents, and other governance and legal processes are also under way. The aim of this communication is to update the campus community on these processes, on the independent Khampepe commission of enquiry into alleged racism at the University, and on a proposal from our Students’ Representative Council that was submitted to the Rectorate.The SU Disciplinary Code for Students guides a healthy campus lifeIn matters relating to alleged misconduct by students, the procedures and timelines set out in the Disciplinary Code for Students of SU are followed. The Disciplinary Code provides clear rules for acceptable student conduct. It sets out disciplinary measures and procedures to ensure that the University takes corrective action efficiently and in a manner that is reasonable, lawful and procedurally fair. The purpose of the Disciplinary Code is to provide a robust framework for sound decision-making, within which the University exercises discipline over students. All SU engagements are guided by our institution’s fundamental values. All students and staff are expected to respect and promote the University’s values of excellence, accountability, respect, equity and compassion. These values also inform the application of the Disciplinary Code. At the heart of the Code lies the restoration and healing of the entire SU community, and of relationships among individual members. Disciplinary powers exercised under chapter 3, part 1, of the Code constitute good administrative governance actions, and are not judicial. Therefore, it is essential to note that disciplinary proceedings are not court proceedings. Sanctions imposed under the Code recognise the efforts made to restore relationships and will, in addition to the established aims of punishment and deterrence, serve to rehabilitate and educate implicated students. Where someone is found guilty of misconduct in terms of the Code, and where appropriate, sanctions will contribute to the restoration and healing of the University community, and of the relationships between students and staff as well as among individual students. Click here to access the Disciplinary Code. The unfolding Huis Marais matterThe disciplinary hearing of Mr Theuns du Toit, following an incident at Huis Marais on 15 May 2022, was concluded on 23 June 2022. On 21 July 2022, SU’s independent Central Disciplinary Committee (CDC) found Mr Du Toit guilty of contravening clauses 3.1, 9.1, 9.3, 13.1 and 13.2 of the Disciplinary Code for Students. With reference to clause 7 of the Code, Du Toit was also found guilty of violating the amended Residence Rules. These findings led the CDC to conclude that there was no alternative but to expel Mr Du Toit from the University with immediate effect. He received the reasons for the CDC's decision on 23 June 2022. In line with the Disciplinary Code, Mr Du Toit had the right to file a notice of appeal against the CDC finding or sanction. He exercised this right and appealed. The appeal hearing was finalised on 18 October 2022. The CDC is awaiting the decision, and the outcome of the appeal is imminent.This case involved five issues – the urination incident, alcohol abuse, residence culture, racism, and the future interests of the University. Proper processes had to be followed, including thorough investigation into the matter, a fair hearing by SU's independent CDC, as well as fair terms on the right of appeal, as provided for by the Disciplinary Code for Students.The CDC stated in its ruling that it had a duty to make it clear that the University would not be a stronghold of undesired cultures, and that there was no room for racism at SU. The CDC operates within SU's Disciplinary Code and cannot effect any sanctions outside the University. Its mandate pertains to the Code of the University. Separate criminal charges were pressed. These legal processes are not within SU’s jurisdiction or control, although the University will cooperate fully. The National Prosecuting Authority confirmed that they would be investigating and intend to prosecute Mr Du Toit for criminal property damage and crimen injuria. As management, we have seen from the reactions and emotions unleashed by the Huis Marais incident that the lived experiences of many students and staff need more serious attention, and that the institutional culture requires continuous review.Previous email communication on the Huis Marais matter: · 17 May 2022 – Message from the Rector: Incident at Huis Marais · 19 May 2022 – Information on SU's disciplinary processes · 23 May 2022 – Message from the Rector · 24 May 2022 – Examination period delayed by one week · 28 June 2022 – Updates on recent campus incidents · 15 July 2022 – Update regarding disciplinary processes and commission of enquiry · 21 July 2022 – CDC hearing outcome: Mr Theuns du Toit Incident at Helshoogte residence Helshoogte residence management was made aware of a urination incident on 22 September 2022 and immediately reported it to the relevant University structures for urgent investigation.The incident involved an intoxicated student urinating on his roommate’s chair. The implicated student was suspended from the residence on 22 September 2022 pending the outcome of an investigation and disciplinary proceedings. Student Discipline finalised its investigation, and the preliminary allegations were sent to the implicated student. On 25 October 2022, the chairperson of the CDC decided to refer the matter to the CDC for a hearing. In terms of the Disciplinary Code for Students, the CDC must now give the implicated student ten working days’ notice of the disciplinary hearing. The date of the hearing has not been set. Incident at Eendrag residence It is alleged that, on 22 October 2022, an implicated student entered a room shared by two students at Eendrag residence and urinated on the floor and on the one student’s clothes (that were on the floor). The Rector has suspended the implicated student from the University pending disciplinary proceedings against him.The hearing to confirm the temporary suspension takes place on 27 October 2022 before a panel of the CDC. The Disciplinary Code requires this hearing to occur within five working days after the implicated student has received the temporary suspension letter. The purpose of the hearing is for the CDC to decide whether they confirm, amend or set aside the Rector's decision to suspend the implicated student pending the finalisation of the disciplinary proceedings. Student Discipline’s investigation into the incident is under way, and once completed, preliminary allegations will be presented to the implicated student. He will be invited, but will be under no obligation, to submit a statement within 72 hours of receipt of the initial allegations. When his statement is received or – should no statement be received – when the 72 hours expire, Student Discipline will forward the file to the chairperson of the CDC for a decision regarding the appropriate disciplinary route to follow. If the chairperson refers the matter to the CDC for a hearing, the implicated student must be given ten working days’ notice of such hearing. Khampepe independent commission of enquiry into alleged racism on campus The work of the independent Khampepe commission of enquiry into alleged racism at SU formally commenced on 13 June 2022. The commission, led by the widely respected Justice Sisi Khampepe, was tasked with making recommendations to the Rector to help SU improve its culture of diversity, equity and inclusion with specific reference to racism, in order to safeguard and promote the dignity and self-worth of all students and staff.Over the past few months, the commission conducted its enquiry through closed proceedings to promote confidence in the investigation and encourage frank participation. The identities, other personal information and evidence of witnesses will remain confidential.The University leadership sees this crucial process as an investment in creating a safe and inclusive campus life for all. The commission’s report will be made public once SU management has studied its contents. Update on memorandum received from Students' Representative Council The Students’ Representative Council (SRC) has submitted a proposal to the SU leadership on improving and safeguarding a harmonious campus life for all. The memorandum, which contains 22 proposals, is currently being studied in detail and has been referred to various departments for feedback and information. To find workable ways for the implementation of the SRC’s suggestions, all practical implications must be considered. The SU Rectorate will communicate in this regard shortly. Click here for an outline of the SRC’s proposals and the actions that are under way to work towards implementation.Click here to access the isiXhosa mailer.