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Disciplinary Code

  1. Undertaking:

    Both parties agree that strict adherence to this procedure will ensure that discipline be maintained and that the Student is treated fairly.

  2. Offences and penalties:

    The schedule of offences and possible penalties is set out in Annexure "A" hereto and the warnings referred to below are set out in Annexure "B". Annexure "C" - Notice is the notice to attend a disciplinary hearing. Annexure "D" is the disciplinary report to be completed after a disciplinary hearing. Annexure "E" is to be handed to the Student in event of appeal.

  3. Procedure:

    Should the Student commit serious misconduct as outlined in annexure "A" the Student shall be given an Annexure "C" to appear before a disciplinary hearing. A person appointed by the Academy will act as chairperson. The chairperson shall determine the date, time, and place of the disciplinary hearing. The Student shall have the right to be represented by a shop steward (union representative) or co-student and to present evidence. The Student's parent/legal guardian may attend the hearing. Should the Student refuse or fail to appear at the disciplinary hearing, the hearing may proceed in the Student's absence. The Student will also have the right to appeal.

    1. Verbal and Written Warning:

      If the Student commits non-serious misconduct as outlined in Annexure “A” that merits a verbal or written warning, the Academy or its authorized representative shall complete such a warning to be handed to the Student for signing. The Student is entitled to submit his/her written comment on every warning received. Each warning shall be valid for a period of 6 (six) months after which it will expire.

    2. Final Written Warning:

      Should the Student commit misconduct which merits a final written warning, the same procedure for a verbal and written warning set out above must be followed. The Student shall also be informed that a further contravention may result in suspension or expulsion. A final written warning will also be valid for 6 (six) months unless the final written warning was given as a sanction after a disciplinary hearing in which case it shall be valid for 12 (twelve) months.

    3. Suspension as Sanction:

      If a Student is convicted of serious misconduct he/she may be suspended without a discount/refund of fees for a maximum period of 1 (one) week. The Student consents not to be credited for the period of suspension.

    4. Suspension in Anticipation of a Hearing:

      Should the Student commit an offence which justifies expulsion the Academy may suspend the Student with immediate effect and the Student shall appear before a disciplinary hearing as soon as possible.

    5. Appeal Procedures:
      1. In the event of the Student wishing to appeal against his/her conviction and/or the sanction imposed on him/her as a result of a disciplinary hearing, he/she must submit the grounds for appeal in writing within 7 (seven) days after being notified of the conviction and/or sanction unless the sanction was a dismissal following a conviction after the desertion procedure has been followed in which case the appeal periods prescribed in clause 20 will apply.
      2. The prescribed appeal application form (“Annexure E”) must be completed and submitted to the Principal.
      3. No formal appeal hearing shall be held. The Principal shall submit the appeal application to an independent person who was not involved in the initial hearing who shall make a final decision based on the appeal application, the minutes of the disciplinary hearing, as well as other relevant facts.
      4. The result of the appeal application shall be communicated to the Student within a reasonable time period.
      5. If a disciplinary hearing is held in the absence of the Student due to the Student's unavailability or refusal/failure to appear, the Academy shall hand a copy of the disciplinary report to the Student or send a copy per registered mail and email to his/her last known address.
      6. The Student agrees to submit him/herself to any examination, medical or otherwise, or examination by means of apparatus especially designed for the purpose of testing in the event of any suspicion by the Academy of such Student being involved in dishonest or irregular activities or being under the influence of liquor or a substance which has a narcotic effect.
      7. The Student accepts the admissibility of such testing and result of such testing and the submission of such report or result and in the event of testing for alcohol it will be sufficient proof of the state of sobriety or intoxication of such an employee on time of testing.
    6. Desertion:

      A Student shall be regarded as having deserted from his/her studies after a continuous absence of 5 (five) working days without notification to the Academy of his/her whereabouts.

      1. The Academy shall attempt to contact the Student in writing at the last-known email address and WhatsApp telephone number supplied by the Student, informing the Student of his/her unauthorised absence and of the intention to hold a disciplinary hearing at the workplace Academy;
      2. The Student shall be given a fair opportunity to state a case in response upon his/her arrival;
      3. After the aforementioned 5 (five) days has lapsed, a notice of desertion to submit reasons for absence and a notice for a disciplinary hearing will be served on the Student by email to his/her last-known email address and WhatsApp telephone number. In the event of the Student receiving proper notice as above and failing to attend the hearing and/or failing to submit acceptable reasons for his/her absence, the hearing will proceed in the absence of the Student and he/she will be deemed to have deserted, and his/her studies at the Beauty and Laser Academy may be terminated. The Academy will serve a notice on the Student as prescribed above which will serve as notification that his/her studies have been terminated.
      4. The Student shall be allowed a period of one month to lodge a written appeal against his/her dismissal.

    7. Grievance Procedure

      The Student shall lodge any grievance with the Principal. The Academy will have 14 days to address the grievance. The Student will only resort to an external dispute resolution mechanism if the Academy has failed to resolve the grievance in a reasonable time. Annexure “G” of this agreement is to be used for grievance purposes in terms of this clause.

    8. Equipment and Consumables

      1. Should the Academy issue the Student with any equipment and consumables for the purpose of the Student's studies/work, such items shall at all times remain the property of the Academy. The Student shall be responsible for the safe custody, maintenance, and cleaning thereof and shall keep such items in good condition, given fair wear and tear. No such items may be removed from the Academy's premises without written consent from the Principal. If the Student fails or refuses to return them, he/she authorises the Academy to recover such a reasonable amount representing the value thereof from the Student.
      2. Should the Student damage or lose any property of the Academy due to negligence or wilfulness, the Academy may add such amount to the Student's account or deduct such damage or loss from the Student's commission, providing that such deduction may not exceed 25% (twenty-five) of the Student's commission at a time and only after an inquiry into the circumstances of the incident was held.

    9. Loss Control

      1. The Student undertakes to act honestly and with integrity at all times and to protect the Academy's property. He/she accepts the obligation to report to the Academy any irregularities, dishonesty, or any other conduct of any co-Student or person constituting misconduct that he/she is or becomes aware of without delay.
      2. The Student hereby consents to his/her person, property, and/or vehicle being searched by the Principal or his/her nominated representative, provided that female Students shall be searched by female persons and male Students by male persons.
      3. The Student acknowledges and associates him/herself with the fact that close circuit television and other camera surveillance equipment may be used in the workplace to monitor and control theft and other losses. The Student also agrees that visual material obtained in this fashion could be used as exhibits.

    10. Confidentiality

      The Student undertakes to act honestly and with integrity at all times and to protect the Academy’s property. He/she accepts the obligation to report to the Academy any irregularities, dishonesty, or any other conduct of any co-student or person constituting misconduct he/she is or becomes aware of without delay.

    11. Safety Measures

      The Student will strictly adhere to all safety measures announced from time to time.

    12. Communication

      The Student is not entitled to use business equipment, inter alia telephones, cell phones, printers, computers, and the internet for private purposes without the Academy's prior permission unless in an emergency or a policy to the contrary exists.

    13. General

      All rules and policies announced from time to time by the Academy will form an integral part of this agreement. The Student must notify the Academy in writing within 7 (days) of any change of his/her address.

    14. Processing of Personal Information

      1. The Academy undertakes to process the Personal Information (hereinafter referred to as “PI”) of the Student only in accordance with the conditions of lawful processing as set out in terms of POPI and in terms of the Academy’s relevant policy and only to the extent that it is necessary to discharge its obligations and perform its functions as and within the framework of the education relationship and as required by South African law.
      2. The Student acknowledges that the collection of PI on Students is a necessary part of the operations of the Academy.
      3. The Student acknowledges that:
        1. He/She is notified of the collection and processing of PI in so far as it relates to the operation of the Academy.
        2. The Academy may undertake the collection and further processing of the Student's PI for the purposes of securing and further facilitating the Student's studies with the Academy.
        3. He/She may be required to make available to the Academy all necessary PI in so far as it relates to the operations of the Academy.
        4. The Academy may have to disclose his/her PI to any third party where the Academy has a legal or contractual duty to disclose such PI.
        5. His/Her PI may have to be disclosed by the Academy to any third party for any reason relating to the Academy's business obligations or the Academy pursuing legitimate business interests. To the extent that he/she is exposed to or insofar as personal information of other Students or third parties are disclosed to him/her, the Student hereby agrees to be bound by appropriate and legally binding confidentiality and non-usage obligations in relation to this Personal Information of third parties or other Academies.
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