Disciplinary Committee Research Articles

A Critique of the Democratic Functionality of the School Disciplinary Committee Structures within a South African Rural Setting

The South Africans Schools Act mandates institutional policy duty bearers such as the school governing bodies (SGBs) and school disciplinary committees (SDCs) through which education stakeholders such as school principals, teachers, parents and learners to democratically formulate and implement school policies. The effectiveness of these bodies in carrying out their responsibilities in most cases is left to speculation. Based on a case study of high schools in a rural district setting in South Africa, this paper reports on the extent to which SDCs are democratically constituted and function in conducting their responsibilities. A qualitative approach was employed to gather data from a purposeful sample of 53 participants at two secondary schools that comprised 10 SGB members, 10 school management team (SMT) members, 9 SDC members, 10 Representative Council of Learners (RCL), 4 class teachers and 10 previously disciplined learners (PDLs). Focus group and individual interviews were the primary data gathering instruments but were complemented by document analysis to cross-check participants’ narratives where necessary. Results indicated that the discharge of the SDC responsibilities was largely undemocratic in both composition and functioning, and therefore unjust in disciplining learners who acted outside school rules. On the basis of our findings, we recommend that the policy duty bearers in school institutional management structures such as the SMT, SGB, RCL and SDC should first be inducted on school policies, roles and responsibilities on assumption of duty.
 
 Received: 28 June 2020 / Accepted: 18 November 2020 / Published: 17 January 2021

Effectiveness of studentsandrsquo; disciplinary strategies, as perceived by principals and teachers in public secondary schools in Ondo state, Nigeria

This study investigated the effectiveness of students' disciplinary strategies, as perceived by principals and teachers in the Public Secondary Schools in Ondo State, Nigeria. It adopted descriptive and survey designs. The 304 Public Secondary Schools in the State were the main population while all the government-employed and full-time teachers in the schools were the targets. 1 question was raised while 2 hypotheses were formulated for the study. Multi-stage, stratified and simple-random sampling techniques were adopted to select 15 schools and 150 full-time teachers for the study. A self-constructed questionnaire, validated (r-0.82) and tested for reliability was used to collect data, analyzed using Statistical Package for Social Sciences (SPSS). Hypotheses were tested using t-test statistic. It was found among others that verbal condemnation, expulsion of students, reprimanding students in the presence of staff and other students, among others are effective for managing indiscipline of students. No significant difference was found in the perception of principals and teachers, male and female teachers, on the effectiveness of strategies for managing the indiscipline of students. It was recommended among others that schools should provide support systems like Guidance and Counseling Centre nationwide, to be well equipped while schools should have a functional Disciplinary Committee to handle cases of indiscipline.

Effectiveness of Secondary School Boards in Managing Students’ Discipline among Public Secondary Schools in Ulanga District, Morogoro Tanzania

The purpose of this study was to investigate the effectiveness of secondary school boards in managing students’ discipline among public secondary schools in Ulanga District, Tanzania. The study employed mixed research approach and convergent parallel research design. The researcher used stratified sampling and simple random sampling methods to select 75 out of 298 teachers and 76 out of 324 student leaders. Purposive sampling was used to select one (1) District Education Officer, one (1) Standard Quality Assurer, one (1) Ward Education Officer, four (4) Heads of Schools and four (4) Chairpersons of School Boards. Data was collected using questionnaires, interview guides and documents. Data was analyzed through descriptive statistics and thematic approach. The study revealed that although school boards discussed discipline issues in public secondary schools, they did not take any appropriate disciplinary action such as discontinuing students with disciplinary issues, warning or suspend the students. The study recommended that apart from discussing about disciplinary issues, school boards should take appropriate disciplinary actions such as suspending discontinuing and giving warnings to the students with disciplinary issues. It is recommended that the school boards should ensure constant communication with disciplinary committees to maintain students’ discipline in schools. The study further recommended that the government should enhance budgetary allocations to the schools for better effectiveness of discipline management. The Heads of schools and board members should be trained on effective leadership and the parents should be educated on the importance of cooperation in managing students’ discipline in public secondary schools.

In search of an ideal model of disciplinary proceedings against students in Poland

The purpose of the article is to present the rights and obligations of participants in the proceedings, a model of disciplinary proceedings against students, the functions of disciplinary proceedings and its stages in proceedings before the disciplinary ombudsman and the disciplinary commission. The author analyzes statistical data of disciplinary matters at the Jagiellonian University. The author indicates that this procedure is extremely formalized and it is very often difficult to hold a student disciplinary liability. In addition, the analysis of the rulings leads to the conclusion that the penalties imposed in this disciplinary proceedings are not detrimental to the accused.

Legal status of the victim in proceedings as to disciplinary responsibility of students

The article is devoted to the issue of the legal status of the victim in proceedings as to disciplinary responsibility of students. The rights of the victim in both the explanatory proceedings and the proceedings before disciplinary commission have been presented. Problems occurring in the practice of disciplinary bodies as well as ways of solving them have been indicated. Many de lege ferenda proposals have been also been formulated.

Match-fixing in football – the Indonesian experience and response

Match fixing is an example of match manipulation which involves removing the uncertainty of the outcomes of a match. Match fixing usually has one of two purposes. First, it may be for the team to survive relegation or achieve promotion, or secondly for a betting outcome. The purpose of this study was to investigate the issue of match-fixing in the world of Indonesian football and the actions taken by the Football Association of Indonesia (PSSI) to cope with this problem. The research method was qualitative and drew on data obtained from semi-structured interviews with a convenience sample of informants. The study informants had experiences as former players, club managers, and member(s) of the PSSI disciplinary committee. The results highlight some of the known examples of match fixing in Indonesian football, their handling and the reasons behind them. To counter match fixing in Indonesian football, PSSI formed an Anti- Mafia Task Force and collaborated with Genius Sports an international technology company which monitors data on sporting events as a part of its global sports integrity programme.

Certain aspects of regulation of attorneys' behavior in social networks

Introduction. Some aspects of a lawyer's behavior on social networks are regulated by the Rules of Attorney Ethics. However, these provisions have been criticized by lawyers since their adoption. Therefore, an analysis of the norms of those Rules is appropriate to address issues related to their application in practice. The purpose of this paper is to Analyze the provisions of the Rules of Advocate Ethics in terms of regulating the behavior of a lawyer on social networks. Investigate the practice of applying such provisions as well as the possibility of further improving legal regulation in this area. Results. The paper deals with the issues of regulation of lawyers' behavior in social networks, analyzes the norms of the Rules of Attorney ethics, examines potential negative consequences of application current version of those norms for both individual lawyers and for the whole institute of advocacy. Furthermore, it contains certain suggestions of how to improve legal regulation of this area. Emphasis on the existence of the unspecified concept of “lawyer's authority”. It is determined, that the interpretation of those concept is left to the discretion of the Qualification and Disciplinary Commission of the Advocacy. But such a wide competence may lead to committing some abuses by this authority. The problem of formation of additional duties of lawyers than those provided by the Rules of attorney ethics is revealed. The legitimacy of such responsibilities has been proven. The paper examines potential negative consequences of application current version of those norms for both individual lawyers and for the whole institute of advocacy. Namely, due to the lack of a clear possibility to identify the person leaving the record on the social network, it is considered to be difficult and sometimes impossible to prove the guilt of a particular lawyer. Furthermore, the paper contains certain suggestions of how to improve legal regulation of this area. In particular, the position of scholars on the impossibility of applying, according to lawyers on social networks, such disciplinary sanctions as suspension or termination of the right to practice law was supported. Authors consider it expedient to include information in the Unified Register of Lawyers of Ukraine to confirm the profile of a lawyer on a social network. Conclusion. The necessity of developing a system of methodical recommendations for solving cases of this category is stated. It is proposed to develop methodological recommendations by analyzing the accounts of users of various social networks and summarizing the information obtained with the possible involvement of specialists in the field of IT-technologies.

Disciplinary cases at high schools: An analysis of decisions of disciplinary committees

The aim of this study is to examine the records of secondary education institutions’ disciplinary committee decisions, and to put forth the reasons why high school students are punished, and which punishments are given. The distribution of these punishments in terms of students’ grade, school type and gender is also explored in the study. In this qualitative case study, the data were collected through document analysis. The study group of the study consists of nine high schools located in a district of a province in the Aegean region of Turkey. The data in the study consist of 384 disciplinary cases recorded in the disciplinary board minute books and e-school between 2016-2020 years. Content analysis was performed on the data. In the 384 disciplinary cases registered in schools, the most frequent punishment is condemnation. The disciplinary punishments are mostly concentrated on male students by gender, in 9th grade students by grade level, and in vocational and technical high school types by school type.

Bulacan State University Disciplinary Actions towards the Students’ Positive Behavior and Academic Performance: It’s Effects

This study was anchored on the idea of strengthening the disciplinary mechanism of the institution towards its students’ to further avoid deviant behavior and improving their academic performance in the school. This attempted to assess the effects of the disciplinary actions of the institution towards its students’ positive behavior and academic performance in the school. The study adopted the descriptive method of research, phenomenological approach and also used qualitative research designs to picture the real extent of the disciplinary mechanism of the institution. The result of the study showed that the respondents described the disciplinary mechanism of the institution is effective and satisfactory in producing students’ positive behavior and improving their academic performances. The result of the study implied a clear indication that the administration of the institution together with the faculty members, non-teaching personnel and disciplinary committees are trying their very best in the discharge of their mandated powers and functions to fully serve the interest of their stakeholders relatively with the disciplinary mechanism of the institution towards its students. Thus, is thereby producing a favorable result on the improvement of the students’ academic performance and producing positive behavior. Therefore, the revised Undergraduate Student Manual used by the institution is more concerned in the improvement of the students’ behavior and their academic performance and not merely punishing their wrongdoings.

Трансформація ролі дисциплінарної комісії у притягненні державних службовців категорій «Б» та «В» до дисциплінарної відповідальності у зв’язку із внесенням змін до деяких законів України щодо перезавантаження влади

The article analyzes the concepts of «official discipline», «disciplinary proceedings», «disciplinary case», «disciplinary responsibility» and establishes the connection among them. The paper also defines the powers and basic principles of work of the disciplinary commission. The authors clarify the procedure of formation of a disciplinary case and making decisions according to the results of its consideration.

Growing Cases of Lawyers' Misconduct in Nigeria and Corrective Measures

This paper is an analysis of the rising and recurring incidents of professional misconduct among legal practitioners in Nigeria. It begins with an introductory part, which defines professional misconduct and highlights the offences for which a legal practitioner can be punished as provided in the Legal Practitioners Act. The paper does a sort of case review of unabated 21st century professional misconducts among legal practitioners. In the introductory part and the main body of the paper, we shall see some role that the Nigerian Bar Association (NBA), Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers, the Legal Practitioners Privileges Committee (LPPC) and the Supreme Court of Nigeria have been playing in the discipline of legal practitioners in the country. The paper ends with a conclusion, and recommendations, which provide a roadmap for drastic reduction in professional misconduct among legal practitioners in the country so as to save the profession from further losing its confidence before the Nigerian public.

Integration of eSports in the structure of Ifs: disruption or continuity?

With increasing popularity and growing financial stakes, the gaming industry caught the attention of the international sporting community, notably to know whether eSports would be suited to integrate the already existing structures of International Federations (“IFs") and whether competitive video gaming could incorporate medal events, such as the Olympics. On 8 December 2018, through its “Communique of the 7th Olympic Summit”, the IOC considered premature the inclusion of eSports as medal event on the Olympic program. However, it did recognize their importance and encouraged IFs to consider the benefits of integrating the “electronic and virtual” version of their sports within their structure. With the continued professionalization of the FIFA eWorld Cup, notably with the offering of a USD 400,000 prize for the winner of the eWorld Cup Grand Final 2018, FIFA introduced for the first time integrity and Anti-Doping standards for said tournament. Specifically, pre-match betting activities were monitored and Anti-Doping tests were conducted on the participants of the FIFA eWorld Cup 2018. As such, FIFA required from the participants and coaches of the FIFA eWorld Cup 2018 to comply with an adequate yet already established regulatory framework. Indeed, all participants were required to accept FIFA’s regulations and give jurisdiction to its judicial bodies, notably the FIFA Ethics and Disciplinary Committees. By doing so, FIFA has paved the way for other IFs to integrate eSports in their structures. The most important question that remains, which will determine the future of eSports as a potential new discipline, is whether such a favourable environment will cause video game producers and IFs to seize this business opportunity and create innovative synergies between themselves. With the present paper, the author will identify some of the current legal issues surrounding the integration of eSports into already existing sporting structures.

Factors Contributing To Academic Dishonesty Among Nursing Students In Kenya Medical Training College Western Kenya

Introduction: Academic integrity is important in training of nurses since on completion of their studies the nurses will be involved in taking care of lives. Academic dishonesty among nursing students leads to putting the lives of patients at risk. The Purpose of this study was toassess factors contributing to academic dishonesty among Nursing Students in Kenya Medical Training Colleges in Western Kenya.
 Methodology: A cross-sectional analytical design was employed in this study. Qualitative data was collected from lecturers, administrators, examination coordinators, disciplinary committee chair persons using Key informant interviews. Structured questionnaires for students and available records were used to collect quantitative data. Three colleges were randomly sampled to include Webuye and Bungoma in Bungoma County, kakamega in Kakamega County. Systematic sampling was used to select222 students who participated in the study while purposive sampling was used in selecting 12 key informants. Qualitative data collected addressed factors contributing to academic dishonest. Data entered in SPSS version 25 software and analysis done using both descriptive and inferential statistics. Odds ratio and p value were used to determine the strength of association. A p-value of less than or equal to 0.05 was considered significant.
 Findings: The results revealed that of the 202 students, about 47 % got involved in the academic malpractices of which most respondents were females. However, the study results did not reveal any relationship between respondents’ socio-demographic characteristics (age, gender) and the acts of academic dishonesty although a higher proportion of females (48.6%) and those aged 20 years and above (49.5%) were involved. The study indicated that students were sensitized on academic dishonesty at the beginning of their program through various ways with students’ handbook being used the commonest (40.1%). Most common form of academic dishonesty students engaged in was cheating (71.6%);most students gave fear of consequences as the most important reason that deterred them from engaging in academic malpractices at 20%.Mainfactor contributing to academic dishonesty was the lack of lecturers to adhere to policies during administration of examinations (OR: 2.3; 95% CI: 1.2-4.5; 0.01). Other factors include students not aware of college rules (OR:0.6;95%CI:0.3-1.0;0.07), overcrowding (47.8%), accessibility to examination material (48.5%) and peer pressure (50.4%).
 Conclusion: The study concludes that academic dishonesty is prevalent in the three colleges with cheating as the commonest form with various contributing factors namely: overcrowding and lack of lecturers adhering to policies in administration of examinations, followed by family pressure to perform well. 
 Recommendation: This study therefore recommends that lectures should adhere to college policies particularly during invigilation of examinations and the administration should ensure provision of enough spacing during examination. This will contribute immensely towards enhancing academic integrity among nursing students.

Modelling Positive Behaviour: A Vital Strategy in Instilling Positive Discipline Among Secondary School Learners

This qualitative study, guided by interpretive paradigm, explored how secondary schools use modelling positive behaviour strategy to instil positive discipline among learners in Bulawayo Metropolitan Province, Zimbabwe. The study was enthused by the abolition of corporal punishment, exclusion due to delinquent behaviour and adoption of positive, inclusive discipline strategies to maintain order in schools. A case study design purposively sampled four schools in which four school heads, twenty members of the disciplinary committee, four school counsellors, two education officers, four School Development Committee chairpersons and forty prefects participated. Data collected through focus group interviews, semi-structured interviews and document analysis were thematically analysed. The results indicated that secondary schools adopted the modelling positive behaviour strategy to instil positive discipline among learners. New staff members’ orientation focused on conduct, modelling of positive behaviour whenever teachers, learners and parents interact as they perform various activities in the school environment. The study also established that prefects as role models were afforded opportunity to lead assembly sessions. The study concluded that in spite of a few cases of misconduct, it is evident that modelling positive behaviour strategy produced affirmative outcomes in schools understudy. The study recommends further research that explores other strategies that could be adopted by schools to maintain positive discipline particularly in rural schools.

Violation of digital and analog academic integrity through the eyes of faculty members and students: Do institutional role and technology change ethical perspectives?

This study aimed to address the gap in the literature through a comprehensive comparison of different types of violations of academic integrity (VAI), cheating, plagiarism, fabrication and facilitation (Pavela in J College Univ Law 24(1):1–22, 1997), conducted in analog versus digital settings, as well as students’ and faculty members’ perceptions regarding their severity. The study explored differences in perceptions regarding students’ VAI and penalties for VAI among 1482 students and 42 faculty members. Furthermore, we explored the impact of socio-demographic characteristics (ethnic majority vs. minority students), gender, and academic degree on the perceived severity of VAI. Presented with a battery of scenarios, participants assessed the severity of penalties imposed by a university disciplinary committee. Furthermore, participants selected the penalties they deemed appropriate for violations engaged in by students, including: reprimanding, financial, academic, and accessibility penalties. All participants tended to suggest more severe penalties for VAI conducted in traditional analog environments than for the same offenses in digital settings. Students perceived all four types of penalties imposed by the disciplinary committee to be significantly more severe than faculty members. Moreover, findings demonstrated a significant difference between faculty and students in both perceptions of the severity of VAI and in relation to suggested punishments. Consistent with the Self-Concept Maintenance Model (Mazar et al. in J Mark Res 45(6):633–644, 2008) and Neutralizing Effect (Brimble, in: Bretag (ed) Handbook of academic integrity, SpringerNature, Singapore, pp 365–382, 2016), ethnic minority students estimated cheating, plagiarism, and facilitation violations as more severe than majority students. The theoretical and practical implications of the findings are discussed.

PARENTS’, TEACHERS’ AND HEAD-TEACHERS’ VIEWS ON ABOLISHMENT OF CORPORAL PUNISHMENT IN SELECTED SECONDARY SCHOOLS IN KASAMA URBAN OF NORTHERN ZAMBIA

The purpose of the study was to establish views of parents, teachers and head teachers on the abolishment of corporal punishment in schools. Three objectives guided the study which were; to assess parents’, teachers’ and head-teachers’ views on the authority of teachers over pupils following the abolishment of corporal punishment; to establish views of parents, teachers and head-teachers on whether loco-parentis existed among teachers following the abolishment of corporal punishment; to explore the views of parents, teachers and head-teachers on the need to incorporate parents on school disciplinary committee as a way of managing pupils’ behaviour in the school system. A descriptive design using qualitative research approach was used to conduct the study. The sample consisted 28 participants comprising 3 head teachers, 15 teachers and 10 parents from 3 selected secondary schools and communities in Kasama district. Purposive procedure was used to select parents and head-teachers while teachers were selected using simple random sampling. The study used semi-structured interviews as data collection tools. Thematic analysis was used to analyse the data. Major findings indicate that the authority of teachers was drastically reduced and affected by the policy. Loco parentis among teachers who taught at the day secondary schools did not exist while it existed at a boarding school due to the nature of the school. In light of these findings, the study recommended incorporation of parents on the school disciplinary committee and strengthen counselling services in schools. Article visualizations:

Student Disciplinary Challenges in Obuasi Secondary Technical School: The Perspective of Teachers

The purpose of this study was to investigate the disciplinary problems of students in the Obuasi Secondary Technical School from the perspective of teachers. Mixed methods approach was adopted for the study. A sample of 44 teachers was used for the study. Data was collected using questionnaire and an interview guide. The results revealed that truancy/lateness, dress code violation and disrespect for teachers were the major disciplinary problems experienced in Obuasi Secondary Technical School. Again, it was revealed that the major sources of disciplinary problems among students were poor economic background, bad parenting, peer pressure, student's inability to cope with the academic task, inappropriate handling of concerns of students by teachers and authorities and cultural influence. In addition, the study showed that indiscipline acts in schools had adverse impact on both academic and administration work. Finally, the study revealed that punishment was used as a major strategy to deal with disciplinary problems. Punishments have included strategies such as signing bonds of good behaviour and practical performances such as packing dining hall bowls, weeding or sweeping their classroom, internal suspension and external suspensions. It was recommended that schools have a functioning disciplinary committee that sees to cases of indiscipline of students and which should be headed by a trained guidance counsellor. Keywords: Discipline, Indiscipline DOI: 10.7176/JEP/11-20-16 Publication date: July 31 st 2020

Teachers’ Perceptions on Management of Conflict in Primary Schools in Mberengwa District

Introduction: Conflict is major social construct happening in most communities where people of divergent and different backgrounds finds themselves inhabiting a common environment. Schools formulate habitat with semi-seclusion from the rest of society and conflict arising needs to be managed. Also engaging is conflict resolution without taking sides in such environments where children interact with adults more frequently requires skills and training which aspects do not form part of teaching and learning curriculum. Peri-urban schools find themselves as rich ground for conflict due to their being neither urban or rural but tend to receive influence from both settlements. Conflict nature and conflict resolution may tend to take different forms from an aggregate of approaches seen or taken in urban and rural settings. Therefore, the study explored school teachers’ perceptions on conflict management in eight representative schools in Mberengwa District.
 Materials and Methods: The sample of the study comprised of eight school managers, thirty-two members of school disciplinary committee members and twenty-four junior classroom practitioners Both qualitative and quantitative approaches were used in the study. The qualitative research design followed focused group discussions and open-ended questions fielded during interviews to school heads and school disciplinary committee members who formed the management team of the schools. Quantitative data was obtained through closed ended questionnaires given to primary school teachers. The school teachers were selected using a stratified simple random sampling technique and purposive sampling were used to select both the school heads and the school disciplinary members.
 Results: The study revealed that poor communication(100%),unfairness (87.5%), shortage of resources(100%), role-conflicts(70.3%), poor governance (87.5%) and political afflictions (87.5%) were the root causes of conflict in primary schools when compares to other causes (P <0.05). Thirty disciplinary committee members (100%) and twenty-four teachers (92.2%) indicated that student-student, teacher-teacher and teacher-managers conflicts were common in peri-urban schools contrasted to other forms of conflict (P <0.05). Conflict resulted in strained relationships (100%), caused of disunity (100%), disrupted teaching and learning (88%), was time consuming (78%), lowered production (78%), caused stress and high blood pressure (100%) and diverted attention from crucial activities (75%). Heads of schools displayed a conflict avoidance as a conflict resolution strategy. Conflict management literature was in short supply in schools and schools rarely conducted conflict management meetings. Confrontation, collaboration and compromise were the most used conflict management strategies. Managed conflict had benefits of creating social change and allowed staff to engage more and needed to be included in curriculum development.
 Conclusion: Primary school head teachers need to conduct meetings on conflict management and procure literature on conflict management to resolve conflict appropriately. Members of disciplinary committee need to handle conflict fairly and to consult literature on conflict management so that they can handle conflicts progressively and as benefit to teaching and learning. Educational officers need to facilitate and ensure that conflicts are handled appropriately and progressively. Introduction of conflict management as a learning tool, study area or be taken as a cross-cutting component in the competency-based curriculum was necessary.

Challenging the call: Should sports governing bodies be subject to judicial review?

English law is settled in its view that Sports Governing Bodies (“SGBs”) are not amenable to judicial review, following the Court of Appeal decision in R v Disciplinary Committee of the Jockey Club, ex p Aga Khan. However, this article argues that, 27 years on from the leading decision, the issue merits reconsideration owing to flaws in judicial reasoning and, in particular, the subsequent growth of the government’s involvement in sport. Moreover, the availability of judicial review in other jurisdictions and against other self-regulatory organisations suggests that the position of SGBs in English law is anomalous. Since Aga Khan, the courts have developed a private law “supervisory jurisdiction” which somewhat accounts for the absence of judicial review but, building on the work of Michael Beloff QC (among others), this article considers the substantive and procedural limitations of private law in challenging SGBs, finding that judicial review may be a preferable forum for sporting litigants. The paper also provides the opportunity to reflect upon the nature of the public–private divide in English law today.

Measuring the violence and incivility of players in professional sport and the disciplinary bodies’ management: statistical analysis of French professional football

This paper presents the results of a statistical analysis of the violence and incivility of professional football players on and around the field and how the disciplinary bodies manage these phenomena. The sanctions issued by the disciplinary committees were examined with the objectives of (i) empirically determining the distribution of sanctioned behaviours and their evolution, and (ii) evaluating how these infringements on sporting ethics were handled. The 6027 observations collected from professional football competitions in France over ten seasons (2007–2008 to 2016–2017) highlight contrasting changes in sanctioned violence and incivilities and show that the disciplinary code was not fully applied in certain subcategories.