Hearing date to test code of conduct

Hayden Wilson
Hayden Wilson
The legality of the University of Otago's code of student conduct will be argued in the High Court later this month.

The judicial review sought by the Otago University Students Association (OUSA) has been scheduled for October 23 in Dunedin.

Three years ago, the university amended the code of conduct to include a clause enabling it to discipline students for behaviour off-campus as well as on.

Now, student Nathan Stewart, backed by the OUSA, is testing the clause by asking the High Court to review the document and rule on whether the clause is enforceable.

Lawyer Hayden Wilson, of Wellington firm Kensington Swan, has been engaged to handle the case.

He said from Wellington yesterday one day had been set aside for the hearing, during which the judge would consider written affidavits from witnesses and oral submissions from counsel.

Mr Stewart, a 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.

As punishment, he was excluded from classes for the second semester.

In August, following an interim hearing before Judge Panckhurst in the High Court at Christchurch, Mr Stewart was denied a request to have his exclusion period delayed until after the full judicial review hearing.

Three students were excluded for one semester after the toga parade.

Mr Stewart is the only student involved in the judicial review.

allison.rudd@odt.co.nz

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