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Salient. Victoria University of Wellington Students' Newspaper. Vol. 32. No. 25. October 9, 1969

Discipline appeal upheld

Discipline appeal upheld

An appeal to Council against a fine of $15 for "behaviour subversive of discipline" has been upheld.

The appeal was allowed on the ground that the charge had related to the fact that the student had failed to carry out the instructions of a caretaker whereas the finding of the disciplinary committee of the Professorial Board had related to "offensive language"' used by the student.

The Appeal Tribunal made no finding on the question of whether the behaviour of the student was subversive of discipline but did express the tribunal's disapproval of the student's behaviour.

The fine was imposed by the disciplinary committee of the Professorial Board on a student after an argument between the student and a caretaker.

The caretaker had claimed that the student had driven at an excessive speed in the university grounds.

The caretaker remonstrated with the student about his speed and in the course of the argument which followed the student referred to the caretaker as "a filthy Dutch bastard who could go from whence he came".

An Appeal Tribunal, with members drawn from council, heard the student's appeal on 2 October.

The Tribunal noted that, while the student had recognised that the caretaker must have had some authority, the caretaker did not advise the student of his authority, even though he was asked by the student to do this.

It was also pointed out by defending counsel that the apellant had been offered a chance to get off with a $2 fine for a parking offence before the Professorial Board sub-committee considered the matter.

The offer had been made by the Vice-Chancellor.

The only previous offence within the last 13 years under the regulation concerned had been a charge of discrediting the university.

This offence arose from an attempt to disrail the cable car.

Defending counsel said that the charge was obviously a serious one.

He suggested that "if every student who used the word 'bastard' were to be fined $15, this would add considerably to the [unclear: coffers] of the University".