Disciplinary
Procedure
Embu College has established the Code of Conduct for Students and the disciplinary process to protect its educational purposes, to provide for the orderly conduct of its activities, and to safeguard the interests of the Embu College community. The disciplinary procedures used by Embu College are considered part of its educational process.
In most instances a student who is involved in alleged misconduct goes through the full disciplinary process before Embu College takes any action (detailed below). However, in situations where there is cause to believe that the student poses an imminent threat to themselves, others or property, or is incapable of continuing as a student for medical or psychological reasons, interim actions may be taken immediately without prior notice or hearing.
If interim action is required and taken, the student is entitled to an administrative hearing as soon as is reasonably possible, but no later than 10 days after the action is taken. The actions taken by the College may include:
- Interim restrictions, including but not limited to limitation of access to Embu College facilities or restriction of communication with specific individuals or groups;
- Interim suspension, including temporary total removal from Embu College or restriction of access to Embu College owned or controlled property; other
- Mandatory medical or psychological assessment, including referral to a counselor, physician or psychologist selected by Embu College for assessment of the student’s capability for remaining in Embu College .
The purpose of the disciplinary process is:
- To determine the facts about the allegation(s);
- To determine the responsibility of the accused;
- To determine an appropriate sanction if the accused student or student organization is found responsible for a violation; other
- To help any student or organization found responsible for violations of the Standards of Conduct to understand the negative impact of their actions.
For the purpose of disciplinary regulations; the disciplinary authority of the college is vested on the Deputy Principal (Professional studies and or TTC) with reference to where the matter befalls.
The Administrative, Support and Academic staff of the College shall have authority in areas of their jurisdiction or competence to ensure that rules and regulations of the College are fully adhered to by the students. In case of any disciplinary action taken by either of the stated staff it should be reported to the Section Head. The Section Head may further pursue the matter with the relevant Deputy Principal.
In exercising his powers in this authority the Deputy Principal will have jurisdiction to:
Vary or/and add to the list of disciplinary offenses specified.
Suspend from the College in consultation with Principal, pending further disciplinary action against any students suspected of committing to an offense under the stipulated College rules and regulations.
On behalf of the College Management, take any other measures deemed necessary for proper discharge of his duties.
COMPOSITION OF THE DISCIPLINARY COMMITTEE
There shall be a student disciplinary committee established under the College policies.
The committee shall be composed of:
- D/Principal -Chairman
- Deputy Principal member
- Registrar-Secretary
- Dean of Students
- Dean of the relevant school.
- In attendance (as may be deemed necessary by the committee) will be:
- The Complainant
- defense
- Head of College Security in case of social or criminal offenses
DISCIPLINARY PROCEDURE
The complainant will be required to submit a written report outlining his/her issues to the chairperson of the Committee.
Upon consideration of the report, the chair of the Students Disciplinary Committee shall convene a disciplinary committee sitting within 2 weeks
The secretary of the committee shall notify the defendant and complainant of the date, time and venue of the hearing and of their right to be present. The secretary shall also notify the accused of the payment of non-refundable disciplinary fee of Ksh. 2,000 which should be paid to the college bank account before the time set for the meeting.
The notice shall be served upon the Principal and the parent/guardian of the defendant. Where it appears unreasonable to deliver a written notice to the parent/guardian a call shall be made to that effect.
The student shall be required to appear in person before the committee. The committee shall not whatsoever entertain audience by proxy.
If upon notification, the defendant fails to appear before the committee without any reasonable excuse, the committee shall proceed with the case nonetheless, and its decision will be binding upon the defendant.
The committee shall hold due inquiry and shall not be required to adhere to the rules of evidence or procedures as applied in the court of law. The committee shall ensure that parties are heard and the witnesses as may be required by the committee shall not form part of the disciplinary committee.
The committee’s decision shall be arrived at by a simple majority vote of members present.
Where the defendant is found culpable, the committee shall have powers to impose any one or more of the following sanctions; subject to ratification by the management.
- To dismiss the case against the student
- To issue an oral/written caution.
- To require the student to make good any loss/damage caused.
- To suspend the student from the College for a specified period
- To exclude the student from the hostel for the period the committee may deem appropriate.
- To exclude the student from attendance of lectures or other course instructions including Teaching Practice and attachment or taking examination as it may deem fit
- To expel the student
- To impose any other penalty or penalties as the committee may find appropriate.
Upon pronouncement of its verdict the committee shall communicate its decision to the management and to the parties within 2 days and 5 days respectively.
