Levels of Misconduct, Actions and Consequences

ZERO TOLERANCE

Even though we have different LEVELS of misconducts, the following misconducts are very serious and we grouped it also under our ZERO TOLERANCE offences. It means that we have NO tolerance with these serious misconducts.

Learners shall not possess or use any tobacco products and/or smoking apparatus, including but not limited to Cigarettes, Cigars or pipes on School premises or at School-related function or activity or when in School uniform. (See LEVEL of misconduct and consequences.)

No learner shall be in possession or use/abuse any alcoholic beverages, any controlled substance or dangerous drug as defined by Namibian law, including but not limited to dagga (marijuana), any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, barbiturate or any other intoxicant, or mood changing, mind altering or behavior-altering drugs. (See LEVEL of misconduct and consequences.)

No learner may possess or chew any gum on the School premises or in classes. (See LEVEL of misconduct and consequences.)

No learner shall be involved in any sexual activity (molesting, having sex, pornography, etc.) (See LEVEL of misconduct and consequences.)

No learner shall be involved in a dating (‘love’) relationship with the same sex, on or off the RCCA campus. (Homosexual or lesbian relationships are an abomination to God) (See LEVEL of misconduct and consequences.)

No learner shall be involved in a dating (‘love’) relationship with a Staff member. (See LEVEL of misconduct and consequences.)

No learner shall become pregnant or arrange abortions. (See LEVEL of misconduct and consequences.)

No learner shall be involved in a gang or trying to form gangs. (See LEVEL of misconduct and consequences.)

IN POSSESSION OF OR USING OF TOBACCO PRODUCTS

IN POSSESSION OF OR UNDER THE INFLUENCE OF DRUGS OR ALCOHOL

No learner shall use, transmit or even be under the influence of any of the following substances on School premises or off School premises at any School related function or activity:

· Any controlled substance or dangerous drug as defined by Namibian law, including but not limited to dagga (marijuana), any narcotic drug, hallucinogen, stimulant, depressant, amphetamine or barbiturate. Any other intoxicant, or mood changing, mind altering or behavior-altering drugs.

· Alcohol or any alcoholic beverage.

IN POSSESSION OF WEAPONS

Learners may not bring to School or a School-related function or activity any weapons prohibited by law or as identified below:

· Knives of any size, including pocket-knives. A knife is defined as a bladed hand instrument of any size that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

· Fireworks of any kind.

· Chains, Blowpipes, Crossbows, Compound or Simple bow and arrow.

· Any firearm, including air guns and BB guns and ammunition.

· Traditional or any home-made weapons such as Pangas, Assegais or “Knop-Kierries”.

· Any bombs, hand-granite, etc.

· Any other product/equipment that is meant to bring bodily harm to others.

DISRUPTING SCHOOL OR CLASSES

The conduct of learners either in or out of the class, which for any reason – whether because of time, place or manner of behavior – materially disrupts class work or involves substantial disorder or invasion of the rights of others, are prohibited.

HAZING AND BULLYING

Hazing is the practice of rituals and other activities involving harassment, abuse or humiliation used as an act of initiating a person into a group. Hazing takes various forms, but typically involves physical risks or mere distress through, for example, humiliating, intimidating or demeaning treatment. Such conduct is prohibited at the RCCA and is a violation of the Namibian Law.

Bullying is a form of aggressive behaviour in which someone intentionally and repeatedly causes another person injury or discomfort. Bullying can take the form of physical contact, words or more subtle actions. The behaviour can be habitual and involve an imbalance of social or physical power. It can include verbal harassment or threat, physical assault or coercion and may be directed repeatedly towards particular victims, perhaps on grounds of race, religion, gender, sexuality or ability.

What to do in the event of Bullying/Hazing?

action to be taken by individual - If your request for bullying to be discontinued is ignored then it is important that you take formal action: it must be understood that YOU must take action to stop the harassment and that it may be undetected by adult authority figures at the S

SCHOOL - Report the bullying to the Principal, Staff, a student leader or your Parents. Present your written account of the incident with as much factual evidence as possible (for younger learners’ the Staff or Parents may submit the written report on their behalf.)

Consequence of Bullying - Hazing/Bullying are a Level 2 and Level 3 offences in the RCCA School Rules, to be determined by the severity of the offence(s). In all cases of bullying a strong written warning will be sent to the guilty learners’ Parents, subsequent to an interview with learner and Parents.

Consequences of failure to report Bullying - It is expected that all learners observe these guidelines of action to be taken in the event of bullying. Failure to do so will result in the following consequences: Should a learner lose emotional control and resort with verbal abuse, the victim will be held responsible for a Level 2 offence.

Should a learner lose emotional control and respond with physical violence, the victim of bullying will be held responsible for a Level 3 offence.

Bullying as a mitigating factor for disciplinary punishment will only be taken into account if learners have observed all guidelines but have failed to obtain satisfactory redress.

RACISM AND SEXISM

Racism may be defined as the hatred or discrimination of one person by another. (Not just white to black, it could be black to white or among the same colored people). It is the belief that another person is less than human, because of skin color, language, customs, and place of birth or any factor that supposedly reveals the basic nature of that person. Such conduct is prohibited at the RCCA, and is a violation of the Namibian Law.

Sexism is the belief that a human of one sex is intrinsically superior to the other. It is discrimination against people, based on their gender.

Action to be taken by Individual - If your request for racism/sexism to be discontinued is ignored then it is important that you take formal action: it must be understood that YOU must take action to stop the harassment and that it may be undetected by adult authority figures at the school.

Report the racism/sexism to the Principal, Staff, a student leader, or your Parents.

Present your written account of the incident with as much factual evidence as possible (for younger learners Staff or Parents may submit the written report on their behalf.)

Consequence of Racism/Sexism - Racism/Sexism are Level 2 and Level 3 offences in the RCCA School Rules, to be determined by the severity of the offence(s). In all cases of racism/sexism a strong written warning will be sent to Parents of the guilty learner, subsequent to an interview with learner and Parents.

Consequences of failure to report Racism/Sexism

· It is expected that all learners observe these guidelines of action to be taken in the event of racism or sexism. Failure to do so will result in the following consequences:

· Should a learner lose emotional control and retort with verbal abuse, the victim will be held responsible for a Level 2 offence.

· Should a learner lose emotional control and respond with physical violence, the victim of bullying will be held responsible for a Level 3 offence.

· Racism/Sexism as a mitigating factor for disciplinary punishment will only be taken into account if learners have observed all guidelines but have failed to obtain satisfactory redress.

SEXUAL OFFENCES

Sexual offences are prohibited against members of the same sex as well as members from the opposite sex. It includes ANY form of sexual activity on or off the RCCA’s campus (kissing, hugging, holding of hands, molesting, etc.) Including teenage pregnancy and/or abortions.

Sexual Misconduct

· No learner shall be engaged in amorous kissing or other inordinate displays of affection.

· No learner shall consent to and participate in any form of sexual activity. This is a Level 3 offence with immediate suspension with the possible expulsion and reporting to Child Welfare.

· No learner shall expose one’s intimate body parts or “display” in public. Intimate body parts include the primary genital area, anus, groin, inner thighs, or buttocks or a male or female and the breasts of a female. This is a Level 2 offence.

· No learner shall commit any act of verbal, written, gesture-oriented, or physical sexual misconduct on school property, school arranged transport, at School-sponsored events, or while using School technology or resources. It is a Level 2-3 offence.

· No learner shall use the electronic media, email, SMS, MMS, Facebook, or other any social chat sites to distribute, promote or coerce another person into sexually related activities. It is a Level 3 offence.

· No learner, male or female, shall be involved in a dating (“love”) relationship with another learner, male or female, where the age difference is more than 2 years. It is a Level 3 offence.

· No Staff member shall be involved with a learner beyond the scope of work. It is a Level 3 offence.

· Same sex relationships (Homosexual or lesbian). It is a Level 3 offence.

SEXUAL HARASSMENT

No learner shall participate in verbal or visual conduct of a sexual nature (including, but not limited to, unwelcome sexual advances, requests for sexual favors, sexually offensive slurs, sexually offensive drawings, photographs or posters directed towards another person) where there is a pattern of harassing behaviors or a single significant incident. It is a Level 3 offence.

No learner shall participate in physical conduct of a sexual nature (including, but not limited to, sexual advances or gestures) where there is a pattern of harassing behavior or a single significant incident. It is a Level 3 offence.

SEXUAL BATTERY

Sexual battery is defined as a learner intentionally making physical contact with the intimate parts of the body of another person without the consent of that person. Intimate body parts include the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. No learner shall commit any act of sexual battery on School property, School buses, or at School-sponsored events. It is a Level 3 offence.

SEXUAL MOLESTATION

Sexual molestation is defined as a learner doing any immoral or indecent act to or in the presence of another person, without that person’s consent, with the intention to arouse or satisfy the sexual desires of either the learner or the person. This includes, but is not limited to, touching or attempted touching of an unwilling person’s breasts, buttocks, inner thighs, groin or genitalia, either directly or indirectly; and/or rape, forcibly sodomy, or sexual penetration (however slight) of another person’s oral, anal or genital opening with any object. Sexual misconduct also includes sexual exploitation, defined as taking non-consensual, unjust sexual advantage of another for one’s benefit or the benefit of another party. These acts may, but will not necessarily, be accompanied by the use of coercion, intimidation, or through advantage gained by the use of alcohol or other drugs. It is a Level 3 offence with immediate suspension with the possible expulsion and reporting to relevant Namibian authorities.

BODY AND PERSON SEARCHES

The RCCA reserves the right to periodically search the bodies and bags of learners for any illegal material, drugs, weapons, alcohol, tobacco, cell phones, pornography, etc. If anything is found, it is a Level 2-3 offence.

The RCCA reserves the right to body check, arms and legs of learners before tests for cheat or sheet notes or other subject related material which may be inscribed or hidden. It is a Level 2 and Level 3 offences.

The RCCA also reserves the right to check cell phone content periodically for pornography and sexual material. It is a Level 3 offence.

LISTING OF OFFENCES AND CONSEQUENCES BY LEVEL

Learner’s offences are divided into three categories; Level 1, Level 2 and Level 3.

Level 1 offences are minor offences,

Lever 2 offences are moderate offences, and

Level 3 are serious offences.

The following table presents a list of offences and indicates what actions are to be taken and what consequences might follow.

Level 1 offences: minor offences, including but not limited to the following:

· throwing objects (spit balls, paper airplanes etc.)

· failure to bring appropriate material to class room

· failure to bring required school documents

· failure to return required forms to the school

· talking excessively in class

· sleeping in class

· eating in class

· a messy student office

· leaving class without permission

· deliberately ignoring instructions given by Staff

· rude behavior towards Staff, Parents or fellow learners

· neglected care of text or library books and/or of any School or personal property

· ‘stoep’ and corridor violations

· homework incomplete

· using profanity, vulgar language or obscene gestures whatever the circumstances are

· leaving School premises or any other place where the learner is under the School’s care, without permission

· violating the Dress Code and grooming policy of the School

· failing to wear the correct clothes and shoes for P.E.

· arriving late for School or for class

· littering of any kind

· chewing gum at School or at School functions or when in School uniform

· failure to present absentee note from the Parents after being absent for more than two days

· being regularly absent on Mondays and/or Fridays

· violating the RCCA’s Policies and Procedures

· openly challenging authority

· dating couples holding hands, hugging or being so close to one another that their bodies touch

· gangs or related activity

LEVEL 1 ACTIONS

NO LEARNER SHOULD BE TAKEN TO THE SCHOOL PRINCIPAL UNTIL AN ATTEMPT HAS BEEN MADE BY THE SUPERVISOR TO CORRECT THE PROBLEM.

The following forms of action MAY be taken against the leaner:

· The Supervisor shall make a recording of the offence together with the corrective action/disciplinary steps taken to correct the problem in the RCCA Learner Offence Record.

· After the Supervisor has exhausted methods to change the learners’ behavior, at least two (2) attempts must be made; the Supervisor may take the learner to the Principal.

· The Principal together with the Supervisor will determine the procedure to ensure the learner accepts responsibility for his actions.

· The Principal shall make a recording in the Principal's Disciplinary Register of the offence, the Level of the offence, as well as the corrective action/disciplinary steps taken to correct the problem.

LEVEL 1 CONSEQUENCES

The following consequences MIGHT follow:

· Verbal written warning, or

· Written warning plus parent call.

· Detention under supervision for a maximum of 2 hours.

· Break detention, under supervision, for a maximum of 4 breaks.

LEVEL 2 OFFENCES (learners at school or at school related activities are prohibited from):

· copying other learners work

· dishonesty or cheating during tests

· tampering with other people’s possessions.

· throwing dangerous objects that can cause bodily injury or damage property

· hazing or accosting

· vandalism and graffiti

· disrupting classes

· recklessness in a car, on a bicycle or motorbike or any other vehicle, in the proximity of the School grounds

· abusive, aggressive behavior or language towards Staff, Parents, other learners or visitors

· being in possession of electronic devices, MP3 players, Play Stations etc.

· in possession of or chewing gum

· bringing the name of the School into dispute

· defacing School property and/or destructive action towards the same

· inappropriate body contact or unwelcome sexual advances

· racism, sexism and/or unfair discrimination

· inappropriate sexual display in public

· being disrespectful towards Staff

· calling Staff on their names or nicknames

· not addressing the Staff formally Mr... or Mrs/Ms….

· being engaged in amorous kissing or other inordinate displays of affection

· being part of a gang, involved in gangs or trying to mobilize gangs

· Two (2) detention-able Level 1, or repeated Level 1 offences after action has been taken and learner shows now improvement

LEVEL 2 ACTIONS

· All schedule 2 offences may be reported to the Principal at the discretion of the teacher.

· The Principal together with the involved Supervisor decide which action will be taken against the learner.

· The Principal shall make a recording in the Principal’s Disciplinary Register of the offence, the Level of the offence as well as the corrective action/disciplinary steps taken to correct the problem.

LEVEL 2 CONSEQUENCES

The following forms of consequences MIGHT follow:

o First written warning and Parent call or

o Second written warning plus detention, as in

o Detention (re-mediating the problem) under supervision, for a maximum of 2 times 2 hours

o Suspension or in-house suspension, for a maximum of 3 school days. This form of action is decided upon by a Suspension Committee consisting of the following people:

o the Principal

o the learners Supervisor or Staff member involved in the incident

o 1 senior Supervisor

LEVEL 3 OFFENCES (learners at school or at school related activities are prohibited from):

· dishonesty or cheating during an exam

· forging a signature

· committing a violation of the laws of Namibia of a serious nature

· in possession of dangerous drugs or being under the influence of drugs (Any controlled substance or dangerous drug as defined by Namibian law, including but not limited to dagga (marijuana), any narcotic drug, hallucinogen, stimulant, depressant, amphetamine or barbiturate. Any other intoxicant, or mood changing, mind altering or behavior-altering drugs.)

· in possession of alcoholic beverages or being under the influence of alcohol

· in possession of weapons (As set out in clause 13)

· hazing or bullying

· fighting or physically assaulting another pupil

· theft in any form or way

· in possession of tobacco and/or smoking (As set out in clause 11)

· willful damage or vandalism of any form or nature to personal or School property/equipment

· bringing the name of the School into disrepute

· racism, sexism

· being in possession of or distributing, or exposing learners to pornographic material, paper or electronic, audio or video

· request for sexual favors

· sexual abuse and/or rape

· verbal or physical contact of sexual nature

· being involved in a sexual relationship with a person 2 years older or younger

· introducing or enticing another learner into sexual related or pornographic activities

· inappropriate body contact (sexual battery) or unwelcome sexual advances

· homosexual/lesbian relationships

· ‘love’ relationship with a Staff member

· teenage pregnancy

· smuggling or being in possession of any illegal substance/products as per the Namibian Law (e.g. precious or semi-precious stone, mercury, unrefined gold, etc.)

· being a gang leader and/or mobilizing kids for gangs

· mobilizing learners or any other person to rise against the Namibian Government (whether to take up arms or not)

· any offences already having led to one or two suspensions from Level 2 without improvement

Please note:

Some Level 3 offences like smoking, drinking alcohol, using drugs and having sex (or becoming pregnant), etc. will lead to immediate expulsion.

LEVEL 3 ACTIONS

All Level 3 offences MUST be reported to the Principal immediately.

1) Depending on the nature of the offence, the learner may be suspended pending a hearing.

2) The Principal shall make a recording in the Principal’s Disciplinary Register of the offence, the Level of the offence, as well as the corrective action/disciplinary steps taken.

3) The learner(s) involved in the offence and any eye witnesses should write their own statements explaining the situation, and sign it in the presence of one/more of the Disciplinary Committee members.

4) Video recordings should be made during the investigation, especially when the learner(s) explain their personal involvement of the offence/witnessing of the event(s).

5) Any CCTV footage or any other related recordings (if available) may also be used in the investigation.

6) Any and all such materials will be treated as confidential and for the RCCA’s own record keeping, but could be used in court or any other legal matter by the RCCA. (Parents have NO claim on such materials, but may study their own child’s involvement in the incident in the presence of one of the Disciplinary Committee member’s without destroying/ copying/ duplicating/ recording any or all of it.)

LEVEL 3 CONSEQUENCES

1) Final written warning and detention, under supervision for a maximum of 3 times 2 hours.

2) Suspension or in-house suspension, for a maximum of 5 school days. The form of action is decided upon by a Suspension Committee.

3) Depending on the nature of the offence, the learner might immediately be suspended pending a hearing, within 5-10 working days (time during which the Disciplinary Committee conducts the investigation), before the Suspension or Disciplinary Committee.

4) Expulsion: This decision is taken by a Disciplinary Committee, which ought to consist of following people:

· the Principal

· Founder/visionary only in case the Principal needs their input, especially in cases where the RCCA’s name/image have been damaged

· the class Supervisor or Supervisor involved in the incident

· 2 senior Supervisors

· a Parent may be present