Court overturns school sanctions for learners caught vaping

The Western Cape High Court declared two disciplinary actions against two learners who were vaping in the school’s hostel unlawful, as the school’s governing body twice punished them for the same offence, which amounts to double jeopardy.

The now Grade 10 learners were twice found to be vaping. The first incident was at the end of 2023 when they were in Grade 8, and the second incident was last year, a few months down the line.

During the 2023 incident, both learners, only identified as L and M, were expelled from the hostel for a few months. However, when the incident occurred again the following year, both were permanently expelled from the hostel.

A few days later, the school yet again sanctioned them for the same offence for which it had expelled them from the hostel. This time, they were stripped of their leadership qualifications, and their bursaries were taken away from them.

Both boys are talented rugby players and were admitted to the school (which is not identified to safeguard the identities of L and M) through bursaries.

They commenced Grade 8 in 2023 Later in that year, November 2023, L and M were each found in possession of a vape. Vaping constitutes serious misconduct in terms of the school’s Code of Conduct, categorised as a Code C offence – a serious misconduct.

During that incident a vape was hidden in L’s cupboard. The other hostel boarders in the room told L they would all inform the junior leaders and/or teacher that it was his vape. L then admitted to the teacher that he had a vape and had used it. He disclosed that M had also used the vape that was hidden in the cupboard. They were found guilty of a category C offence and suspended from the hostel for six weeks.

In August last year, M (together with two other learners) sat in a room in the hostel and again used a vape. As L walked past the room, he saw them using a vape and took a puff before he went to participate in a rugby training session at the school.

A teacher saw them on the security camera, and disciplinary proceedings followed before the governing body. Both learners admitted the contravention and were found guilty of vaping. Both were permanently kicked out of the boarding school.

M’s father wrote a letter to the school, stating that he does not accept the sanction of expelling M from the hostel. He enquired regarding his right of appeal and was told that there exists no right to appeal.

A few weeks later, the school convened fresh disciplinary proceedings on the same incident of vaping. New sanctions were imposed, which included stripping them of their leadership positions and their bursaries.

Judge Gayaat Da Silva Salie commented that it is not in dispute that vaping is a contravention of the school’s code of conduct and that it is harmful. However, the seriousness of the contravention does not obviate the requirement that disciplinary processes be conducted lawfully and fairly, nor does it permit sanctions that are excessive or disproportionate.

She said the governing body during the disciplinary proceedings treated vaping as a criminal offence, which most likely influenced both the severity of the sanctions imposed and the way the transgressions were assessed.

“Discipline that humiliates learners cannot be justified academically and from a developmental perspective. It otherwise lacks educational purpose. Discipline in schools is not aimed at revenge or retribution but rather at deterrence,” she said.

In overturning the sanctions, the judge said these measures amounted to a prolonged and cumulative punishment.

zelda.venter@inl.co.za