The Otago University Students Association (OUSA) has decided to go ahead with seeking a ruling from the High Court on the legality of the University of Otago's code of student conduct, despite the student at the centre of the case withdrawing.
The male first-year physical education student was disciplined under the code of conduct for allegedly throwing a bag of rubbish at a car, and an egg, while participating in the toga parade in George St in February of this year.
As punishment, he was excluded from classes for the second semester, a decision upheld by the university's appeals board.
The student, backed by the OUSA, asked the court to decide on three issues, including whether the university had the legal power under the code to discipline students for behaviour off campus as well as on.
It is the first time the off-campus clause has been challenged since the clause was introduced three years ago.
The student formally withdrew from the action last week.
OUSA legal representative Hayden Wilson, of Wellington firm KensingtonSwan, said the student had done so because even if the judicial review was successful, the result would be of no benefit to him because he had already missed a semester of classes.
OUSA president Edwin Darlow said on Thursday the judicial review was being sought on issues of importance to all students, not only the student who had been at the centre of the case.
The OUSA's statement of claim had three points - that the university's appeal board acted unlawfully in applying the code of conduct to behaviour off campus; that the appeals board acted unlawfully because no student representative was invited to sit on the hearings panel despite a student being available; and that the penalty applied to the student was disproportionate to his "offence".
The review will be heard in Dunedin next Friday, and is scheduled to take one day.
