David Skegg.
The legal arguments over the University of Otago's code
of student conduct document refuse to go away.
After losing a challenge in the High Court in October over
the university's legal right to use the code to discipline
students, the Otago University Students Association (OUSA)
has decided to appeal that decision.
• Limits on students who fail
University vice-chancellor Prof Sir David Skegg broke the
news in his regular vice-chancellor's business slot at a
university council meeting on Tuesday.
"I regret to inform you the OUSA has filed an intention to
appeal to the Court of Appeal," Prof Skegg told council
members, saying the action would lead to an elongation of the
legal process and additional expense for both the university
and the OUSA.
He did not elaborate on the detail of the appeal or how long
it was likely to take.
OUSA president Edwin Darlow, who is a member of the
university council, heard Prof Skegg's words but was not
asked to speak.
Neither he nor OUSA legal counsel Hayden Wilson, of
Wellington law firm KensingtonSwan, returned calls from the
Otago Daily Times on Tuesday or yesterday.
The university strengthened the code of conduct in 2007 to
make it clear students could be disciplined for behaviour
both on and off campus.
The OUSA asked the High Court to decide whether the
university had the legal right to use the code of conduct to
discipline students for off-campus behaviour, citing the case
of a student banned from classes for a semester for throwing
rubbish at a car and breaking one of its windows during the
OUSA-organised toga parade in February.
It also sought a judgement on whether the university was
correct to exclude student representatives from code of
conduct appeal board hearings.
The university said student representatives could not sit on
the board as they had a conflict of interest because of a
formal OUSA resolution opposing the code.
After a one-day hearing in Dunedin in October, Justice
Warwick Gendall, of Wellington, found in favour of the
university on both points.
He said it was clear the university, under the Education Act,
had a role as a critic and conscience of society and it was
abundantly clear it had the power to regulate the conduct of
its members, including students.
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