General Rules of Conduct for Pupils

Rules that apply to pupils are contained in the Basic Education Act (3 of 2020) regulations set out under that act and the General Rules of Conduct for pupils (Government Gazette 8229).

Background

The act requires every state and private school board to establish a code of conduct for its pupils, with the agreement of parents, pupils and teachers.

The goal is to establish “a disciplined, purposeful, healthy, caring and supportive school environment”.

The minister must prescribe general rules of conduct to be incorporated into the codes of conduct for all state schools. The General Rules of Conduct for pupils were accordingly issued in October 2023. 

Prohibited Items 

The act prohibits weapons and illegal drugs at all schools and hostels, both state and private. It also authorises the minister to prohibit other substances, articles or publications “contrary to the security, safety, well-being or best interest of pupils”. 

It provides for search and seizure, including random searches of any pupil or group of pupils on reasonable suspicion of the presence of a prohibited item.

It also sets out procedures for the drug-testing of pupils and requirements for keeping parents informed in such situations.

In addition, the General Rules of Conduct prohibit bringing alcohol, hookahs or shisha pipe paraphernalia or any other “stupefying substances” onto state school or hostel premises or when out on school activities.

This applies whether these items are for own use or for distribution and sale to others. 

Non-Violence

A regulation that applies to state schools and hostels prohibits all forms of violence by pupils, including bullying, gangsterism, threats of violence, intimidation, assault and dangerous or humiliating initiation practices. 

Basic Principles

In terms of the General Rules of Conduct, pupils at a state school must not act in any way that has the potential to bring the school’s name into disrepute, is disruptive to normal school programmes or is detrimental to good discipline and learning. 

Pupils must not intentionally or negligently damage state property, the school or another person. They must not participate in any form of initiation that may cause physical harm, emotional distress or endangerment.

They must not enter the sleeping quarters of pupils of the opposite sex or accommodation for teachers or other staff without the permission of an appropriate supervisory person. 

More generally, pupils must not behave in any way that encourages or influences other pupils to disobey school or hostel rules.

Dress Code 

Pupils must wear clean and neat school uniforms during school hours and at other school activities determined by the school board. When no uniform is required, pupils must wear clean, neat and presentable clothes.

Rules for hair apply equally to boys and girls. Only natural hair colours are permitted. If hair extends past the collar, it must be tied up.

Wigs are not allowed except for medical reasons. Caps are similarly allowed only for medical reasons or during appropriate school activities. 

Most rules on jewellery are also gender-neutral. No rings, bracelets or chains are allowed except for medical alert bracelets and wristwatches.

No body jewellery is permitted, such as nose, tongue or eyebrow jewellery. Earrings are allowed for girls only, and limited to one stud or ring per ear in the bottom piercing of the ears if there are multiple piercings.

Boys must be clean-shaven. 

All pupils must have clean fingernails that do not extend beyond the fingertips. Nail polish and make-up are prohibited. 

Misconduct

It is misconduct to violate any of the rules for pupils in the act or in the code of conduct issued for an individual school. The General Rules of Conduct also include a list of specific acts of misconduct.  

– Disruption: Pupils must not disrupt or frustrate teaching or learning activities, or engage in a conspiracy with others to disrupt the proper functioning of the school. 

– Insults: Pupils must not defame or insult the dignity of a pupil or any other person, which includes making racist remarks. 

– Bullying: Bullying another pupil or engaging in cyberbullying is prohibited. 

– Sexual harassment: Pupils must not sexually harass another pupil, staff member or any other person. 

They must not possess or distribute pornographic material. “Acts of nudity”, indecent exposure and sexual intercourse on school or hostel premises are forbidden, as well as indecent exposure in any other place. 

– Prohibited items: Being under the influence or in possession of alcohol or illegal drugs is prohibited, as well as possessing, using or dealing in any illegal or harmful substance, including tobacco.

Possessing any dangerous weapon is prohibited. 

– Forgery and fraud: Forging any document or signature (such as a parent’s signature) or engaging in other acts of fraud, theft or dishonesty is prohibited. 

– Violence: It is misconduct to commit murder, rape or any other criminal sexual activity, as well as to assault or threaten to assault another person, to hold anyone hostage or to engage in any harmful initiation practices.

Malicious damage to school or hostel property is also prohibited. 

– Cheating: Pupils must not possess, distribute or trade in any stolen test or examination material. They must not cheat on tests or other academic assessments, or bribe (or attempt to bribe) anyone to gain an unfair advantage on a test or examination.  

– Cellphones: It is prohibited to use a cellphone or other prohibited electronic devices during school hours, or to use such devices inappropriately after school hours.

Consequences 

Minor misconduct can be addressed through measures such as a reprimand, withdrawal of school-related privileges, specific additional tasks, written warnings or counselling.

More serious cases will lead to formal disciplinary hearings that can result in a final written warning, deprivation of privileges for a specified period, or suspension from school for up to five days or from a hostel for up to 30 days. The sanction for a very serious case is expulsion. 

The act and the General Rules of Conduct both contain procedural rules to make sure disciplinary hearings are fair.

A pupil charged with misconduct, or under investigation for possible misconduct, can be suspended while the issue is pending. The permissible suspension period depends on the seriousness of the allegation.

Disciplinary hearings must be held within 20 days from the date the pupil was charged. 

Denying Pupils Access to School Premises

Pupils may not be denied access to the school premises or to a specific class due to arriving late at school, failing to wear a tidy or correct school uniform, leaving an assignment at home, failing to do homework, not having neat hair that is compliant with the rules, failing to be clean-shaven or failing to pay hostel fees or any other contributions required by the school.

Other steps can be taken to address such situations.

• Note: Previous columns summarised the rules that protect pupils’ safety and well-being. 
• Dianne Hubbard is a legal consultant with many years of experience in public interest law and a passion for trying to make legal issues clear and accessible.

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