The Stellenbosch University student, who was expelled for urinating on a fellow student’s property is going to fight his expulsion.
Theuns Du Toit made headlines after a video of him urinating on Babalo Ndwayana’s belongings in the Huis Marais residence went viral.
du Toit was officially expelled yesterday, after the University’s independent Central Disciplinary Committee announced its findings about the incident.
Du Toit’s lawyer, William Fullard, confirmed to Netwerk24 today that his client will appeal, because they have several objections against the findings made by the University’s Central Disciplinary Committee.
The 19-year-old Du Toit was also found guilty of making a racist remark.
The Central Disciplinary Committee found Du Toit guilty of contravening clauses 3.1, 9.1, 9.3, 13.1 and 13.2 of SU’s Disciplinary Code for Students, which reads as follows:
3. The Values of Stellenbosch University:
3.1 Stellenbosch University operates on a set of basic values which every Student is expected to respect and promote, and which informs the application of this disciplinary code. The values are Excellence, Accountability, Mutual Respect and Compassion. In addition hereto, current values adopted by Stellenbosch University and any variation thereof, shall be applicable to the application of this disciplinary code.
9. General Rules
9.1 No student shall, without good and lawful reason, wilfully engage in any conduct which adversely affects the University, any member of the University community, or any person who is present on the University campus at the invitation of the University.
9.3 A student shall not act in a manner that is racist, unfairly discriminatory, violent, grossly insulting, abusive or intimidating against any other person. This prohibition extends but is not Iimited to conduct which causes either mental or physical harm, is intended to cause humiliation, or which assails the dignity of any other person.
13. Premises and Property
13.1 A student shall not make use of, occupy, or enter any University premises without permission to do so.
13.2 A student shall not remove, make use of, damage or destroy any physical property, including emergency equipment, which belongs to the University, any member of the University community, or for which the University is accountable, without permission to do so and other than as a consequence of the ordinary and intended use of that property. If a student is found in possession of property which is known to have been stolen, such Student will be assumed to have committed misconduct under this rule unless the student is able to show that the property was acquired innocently.
Du Toit was also found guilty of contravening the Amended Residence Rules with regards to:
7. Behavioural Matters
7.2.2. Students and residences should, at all times act in such a manner that no discomfort or disturbance of peace is caused to the occupants or other residences in the area.
Commenting on the outcome, Prof Deresh Ramjugernath, SU Deputy Vice-Chancellor: Learning and Teaching, said that the CDC functions independently of the university’s management on disciplinary matters that it is hearing and in the sanctions that it hands down and that due process had thoroughly been adhered to, including detailed investigations that were conducted.
The University viewed this case in a very serious light. This was evident in, amongst others, the original temporary suspension of Mr Du Toit from the University while also appointing Justice Sisi Khampepe to lead an independent commission of enquiry into alleged racism at SU. The University takes a zero-tolerance approach to racism, discrimination, prejudice and conduct which assails the dignity of another person. SU management took note of the sanction imposed and will be studying the details of the CDC’s finding.
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