OUSA conflict cited for appeals

Student representation has not been allowed at two University of Otago student appeals against code of conduct disciplines this year, because the university says it would be a conflict of interest.

This is despite Otago University Student Association (OUSA) president Edwin Darlow calling student representation "very important".

He did not agree with the university's position, but said he could not comment further because of a High Court hearing where OUSA lawyers will test the legality of the code, scheduled for later this month.

Secretary to the University of Otago Council and Registrar, Jan Flood said the university decided any student representation on two appeals arising out of the toga parade "disorder" would be a "conflict of interest" because of OUSA's opposition to the code.

Both of the student representatives on the University Council, Mr Darlow and last year's president Simon Wilson, have been been barred from appearing on the appeals board for code of conduct hearings since.

Ms Flood said the appeals board had considered five applications for leave to appeal, and three full appeals during 2009. Two of the full appeals were for disciplinary matters; the other was an academic appeal.

Three people sit on the appeals board and for each appeal hearing Ms Flood appoints available council members in accordance with the university's appeals regulations.

Boards would continue to include student members, whenever possible, she said.

"Conflict of interest can arise from time to time for all potential board members," she said.

"A conflict arises wherever it can be perceived that a decision-maker may have difficulty acting neutrally.

"That perception clearly arises for OUSA-appointed council members in relation to appeals under the code of student conduct - given that OUSA has passed a resolution formally opposing the code."

The High Court hearing is scheduled for October 23, in Dunedin.

- sarah.harvey@odt.co.nz [1]