OUSA's 'conflict of interest' on Uni Appeals Board confirmed

November 16, 2009 13:39

The judge in OUSA's judicial review of punishment meted out by the University of Otago to students who misbehaved at this year's Toga Parade has ruled that it is a conflict of interest for students to sit on the Appeals Board for cases involving the Code of Conduct (CoC), due to OUSA's formal opposition to the Code.

When considering an appeal against the exclusion of a student for one semester under the CoC, the University's Appeals Board convened without a student representative. Despite the University's position that one member of the Appeals Board should be a student "wherever possible," it argued that OUSA's formal opposition to the CoC, set at Student General Meetings (SGMs), established a conflict of interest that makes such representation impossible.

In OUSA's judicial review, the Association argued that it was "possible" to have a student representative on the Appeals board for cases involving the CoC, but Justice Gendall agreed with the University. “The proposed student members were former or present officers of the Association involved in the making of the formal resolutions of the Association to oppose the Code and its application. To have one of those appointees sit as a member of the Board would have undermined its capability of hearing the appeal.” (Read more about the outcome of the judicial review here.)

One of next year’s student representatives will be Victoria Nicholson, who is not a former or present officer of the Association, but it looks likely the University will consider Nicholson to have the same conflict of interest by merit of being appointed to the position by OUSA. University Secretary to the Council and Registrar Jan Flood told Critic that the judgment “makes plain that the current OUSA resolutions undermine the ability of any OUSA nominee to Council to be appointed to deal with an appeal."

"It is hoped that, in view of the High Court decision, OUSA will drop its formal opposition to the Code, so that student members of Council can have that role again,” Flood said.

“We will seek further advice regarding the Appeals Board ruling and consider all our options,” OUSA President Edwin Darlow said in a statement on OUSA's website. “One of those options is that we are – as we always have been – open to finding an amicable solution with the University that will allow the student reps to once again sit on the Appeals Board. Overall we are very concerned with a system that does not allow for student representation at such a crucial stage of the disciplinary process.”

There were motions on the agenda to drop student opposition to the CoC at the last OUSA SGM, but the meeting lapsed after losing quorum before the motions could be discussed or voted on.