CHAPTER 405
INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    BY-LAWS

        The Institute of Judicial Administration Lushoto (Students General Welfare, Conduct and Disciplinary Matters) By-laws

BY-LAWS

THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO (STUDENTS GENERAL WELFARE, CONDUCT AND DISCIPLINARY MATTERS) BY-LAWS

PREAMBLE

CONSCIOUS of the role of the IJA as a training Institute to PREPARE TANZANIANS AND NON-TANZANIANS TO BECOME FUTURE PROFESSIONALS AND/OR GOOD LEADERS IN THE DEVELOPMENT OF OUR RESPECTIVE NATIONS as may be required of us:

AND RECOGNIZING that PEACE, GOOD CO-OPERATION and STATE OF >TRANQUILLITY among members of any community and in this case the IJA, are the most important aspects for the creation of an ENVIRONMENT CONDUCIVE TO A LEARNING SITUATION:>

AND UNDERSTANDING that an ENVIRONMENT CONDUCIVE TO A LEARNING SITUATION will only be created in a WELL ORGANISED COMMUNITY through mutual respect and proper discharge of one's responsibility by each community member:

NOW THEREFORE THE GOVERNING COUNCIL OF THE INSTITUTE in the exercise of the powers conferred to it under the provisions of section 23 of the Act establishing the Institute has resolved to pass these BY-LAWS in order that the Institute may realise the following objectives:

    (a)    to regulate and maintain discipline amongst students and to provide for the better Governance, Control and Administration of the Institute;

    (b)    to establish and maintain a state of good relationship among members of the IJA community which is conducive to learning;

    (c)    >to assist in building up discipline among students as trained future professionals (Magistrates, Court Clerks, etc) expected of them by >their respective nations;>

    (d)    to provide the necessary and basic facilities to students directly related to their learning function and stay at the IJA;

    (e)    to safeguard all the Institute's physical facilities and property availed to students during their stay at the IJA.

PART ONE
PRELIMINARY PROVISIONS (bylaws 1-3)

1.    Short title

    These By-laws may be cited as the Institute of Judicial Administration Lushoto (Students General Welfare, Conduct and >Disciplinary Matters) By-laws.

2.    Interpretation

    In these By-laws, unless the context otherwise requires–

    "the Act" means the Institute of Judicial Administration Lushoto Act *;

    "Academic Planning and Examinations Committee" means the Committee of the IJA Governing Council responsible for >academic affairs of the Institute;

    "Appropriate Authority" means the Principal or any other officer of the Institute acting on his behalf in execution of these By-laws;

    "Catering Superintendent" means any officer of the Institute appointed by the IJA Governing Council to be responsible for the kitchen and cafeteria services at the Institute;

    "Committee" means the Students Disciplinary Committee established under paragraph 22(1) of these By-laws;

    "Dean of Students" means any officer of the Institute appointed by the IJA Governing Council responsible for the students' welfare >at the Institute;

    "disciplinary offence" means any offence under paragraph 12 of these >By-laws or any act forbidden under these By-laws or any other law which, in the opinion of the Committee, constitutes >a disciplinary offence;

    "Governing Council" means the Governing Council of the Institute >established under section 6 of the Act;

    "Halls Superintendent" means any officer of the Institute appointed by the IJA Governing Council responsible for the care of the Students' Halls of Residence;>

    "IJA" means an abbreviation for the Institute of Judicial >Administration Lushoto;

    "illegal meeting" means any meeting or gathering which has not been >allowed by an appropriate authority;

    "Institute" means the Institute of Judicial Administration Lushoto established under section 3 of the Act;

    "IJASO" means the Institute of Judicial Administration Students' Organisation;

    "Minister" means the Minister responsible for Legal Affairs;

    "Principal" means the Principal of the Institute as appointed under section 10 of the Act;

    "Registrar" means any officer of the Institute appointed by the Governing Council to be responsible for students' admissions, registration, examinations and general academic administration;

    "social function" means any party to be held by students for whatever reason;

    "Student" means any person enrolled as such for any course >conducted by the Institute lasting for one academic year or >more;>

    "Students Disciplinary Appeals Committee" means a Committee established under paragraph 28(1) of these By-laws;

    "Students Representatives" means any competent body of students >properly appointed and constituted to represent students' interests to the Institute's authorities.>

3.    Application

    (1) These By-laws shall apply to any person who is admitted and registered as a student of the Institute.

    (2) The application of these By-laws to any student shall >cease upon the expiry of the period one is registered as a student of the Institute or upon the happening of any event which disqualifies >one from continuing to be a student of the Institute.>

    (3) The Institute through its established mechanism shall bring to the attention of the students the existence of these By-laws.

    (4) Notwithstanding the provisions of paragraph 3(3) of these By-laws every student shall be presumed to be aware of the existence of these By-laws and any other laws of the Institute, and it shall not be a defence for any student in relation to any proposed disciplinary measure that these By-laws were not brought to his attention by the Institute.

    (5) The Principal of the Institute or any other officer appointed by the Principal shall be responsible to the Governing Council for the enforcement of these By-laws.

PART TWO
RESIDENTIAL AND OTHER MATTERS INCIDENTAL THERETO (bylaws 4-9)

4.    Halls of Residence

    (1) All students may, upon admission and registration as students of the Institute, and depending on the availability of accommodation in the Halls of Residents or any specified residence on the campus, live in the Institute's Halls of Residence or in any such other specified residences as may be allocated to them by the Halls Superintendent or any other officer of the Institute having such powers.

    (2) Every student shall before being granted any accommodation or the right to occupy any room in the Halls of Residence or in any other premises on campus earmarked for residential purposes, pay for such accommodation at full rate as the Institute may determine from time to time.

    (3) The Dean of Students shall have the power to evict any student who has fraudulently or by misrepresentation secured accommodation in any premises of the Institute, or any student who has been allocated accommodation without having paid for such >accommodation in advance as provided for under subparagraph (2) of this paragraph.

    (4) Any student who is evicted from the room by the Dean of >Students under subparagraph (3) of this paragraph shall not be considered again for any accommodation on-campus unless the >Principal directs otherwise.

    (5) The Institute shall have the right and power to determine >the number of students who may share any of its rooms in the Halls of >Residence or in any other premises earmarked for residential >purposes,

    (6) It shall be the students' own responsibility to bear the costs for off-campus accommodation.

5.    Students rooms

    (1) No student shall change the room allocated to him without the prior permission of the Halls Superintendent or any other officer of the Institute acting on that behalf.

    (2) The issuing of any item by the Institute to any student either for the latter's use in his room or in connection with any activity of the Institute shall be made in writing by using specified forms or any other form of writing that the Institute may consider >proper and in any case, the student shall enter his signature.

    (3) >Every student shall, at the end of each term, hand back to >the relevant authorities the room keys and all other items the Institute might have issued him either for use in the rooms >allocated to him or in connection with any activity of the Institute.

    (4) Students shall report without delay any damages whether accidental or otherwise direct to the appropriate officer-in-charge of the section under whose care such property was kept.

    (5) In the event of any dispute as to one's liability under subparagraph (4) of this paragraph, the officer-in-charge of the section shall refer the matter to the Dean of Students who shall report the same to the Students' Disciplinary Committee for determination.

    (6) Any damage to, or loss of any property of the Institute by >any student shall be made good by the student and the cost of making good the damage or replacing the lost item shall be borne by the >student concerned.

    (7) Where damage or loss is caused by students whose identities are not known, the cost of repair or replacement shall be >shared by all the students involved at the time and, or the place where damage or loss occurred.

6.    Students >to take >care of their rooms>

    (1) Students are enjoined to take good care of the rooms they occupy, and shall be responsible for the daily cleaning of their rooms.

    (2) No students of the opposite sex shall be allowed to share a >room.>

7.    Social functions in rooms

    (1) No student shall use the room allocated to him for the residential purposes or any other space in the halls of residence for any social function.

    (2) Any student wishing to hold any social function shall >apply from the Dean of Students for the permission to hold such function and, the Dean of Students may, on receiving such application grant such permission which shall specify the place and duration for holding such function.>

8.    Care of rooms

    (1) Every student shall take good care of the room he >occupies in the halls of residence or in any other premise in the Institute earmarked for residential purposes and, in particular, shall not do any of the following acts–>

    (a)    install oil cloth or linoleum as floor covering without the prior permission of the Halls Superintendent who shall first consult the Dean of Students;

    (b)    use cellotape or any other gummed material to affix >posters, pictures of any other objects in the rooms or on the walls of >the Institute's premises;>

    (c)    move furniture from their rooms to other places or from other places into their rooms;

    (d)    remove any property or fittings of any kind of the Institute from places where they are respectively kept or fixed to another place, whether in the Institute or outside the Institute;

    (e)    use the balconies and common rooms for drying or airing of beddings, towels, clothing or washings of any kind;

    (f)    cook in the halls of residence or in any other premises >not specified for that purpose;

    (g)    use electrical appliances other than reading lamp, personal computer, table fan, electric iron, electric razor, >hair dryer, radio cassette, video or record player without >the prior permission in writing from the Dean of Students;>

    (h)    interfere with any electrical installation or any other >service installed in the Institute;

    (i)>    >use any musical instrument in the Institute premises or >play music in any premises or compound of the Institute beyond room sound at any particular time.

    (2) Notwithstanding the provisions of paragraph 8(1)(i) of these By-laws, the Dean of Students may grant permission to play music or do any other similar activities beyond room sound in any >premises of the Institute earmarked for social functions except that no such permission shall extend beyond the hours of 3.00 a.m.

    (3) Any student who is employed by the Institute during vacation may be permitted to live on campus and in the Halls of Residence, and in such case he shall pay residential charges at the >prevailing rate set and charged by the Institute.

9.    Visitors

    (1) Visitors may be allowed into students' rooms between the hours 10.00 a.m. and 8.00 p.m. For the avoidance of doubt the >term "Visitors" includes students of the opposite sex and non-students >of either sex.>

    (2) Any person who is neither a student nor a resident of the Institute who is a party to the breach of paragraph 9(1) of these By->laws shall be liable to criminal proceedings for criminal trespass.

PART THREE
KITCHEN AND CAFETERIA SERVICES (bylaw 10)

10.    Meals and kitchen premises

    (1) The Institute shall serve meals to students in the >cafeteria upon payment of the necessary fees. Meals shall be provided on the basis of a reasonable menu as determined by the Institute.>

    (2) No student shall enter the Institute's kitchen without the permission of the Dean of Students or any other person acting on that behalf.

    (3) Notwithstanding the provisions of subparagraph (2) of >this paragraph, any Students' government leader may, after consultation with the catering Superintendent and the Dean of Students enter the Institute's Kitchen for the purpose of inquiring, investigating or ascertaining any matter as may be lawfully required of him and which is associated with the students general welfare.>

    (4) Comments or complaints about cafeterial services shall be made in the first instance to the catering superintendent through the Students government leader responsible for cafeteria matters or any other person acting on that behalf, who shall settle the matter in accordance with the established procedures of the Institute.

    (5) Cafeterial services shall be enjoyed in the premises specified for such services and students shall not take any utensil from the cafeteria or any other premises currently being used for such services to any other premises or any compound within or outside the Institute campus without the permission of the catering superintendent or any other officer of the Institute acting on that behalf.

PART FOUR
STUDENTS GENERAL CONDUCT (bylaws 11-13)

11.    Misconduct >by students>

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    Any kind of misconduct by students which has the effect of tarnishing the good name of the Institute, both on and off campus, is prohibited.

12.    Discipli>nary offences>

    Without prejudice to any other provision in these By-laws, the following acts shall constitute disciplinary offences for the purposes of these By-laws:

    (a)>    >to make noise or disturbance or mobilise other students or people to make noise or disturbance of any kind in >any premises or compound of the Institute;

    (b)>    >to instigate and/or participate in any mob action, strike, >the boycott of classes or any civil commotions;

    (c)>    >to wilfully organise and, or participate or convince others to organise and, or participate in any illegal meeting;>

    (d)    drunkenness or any disorderly conduct or unbecoming >behaviour by any student of the Institute, both on and off-campus;>

    (e)>    >to behave in any manner which does or is likely to cause damage to the property of the Institute or of another student or any other member of the Institute community;>

    (f)>    >to behave in any manner which is likely to encourage or instigate violence among other students towards the property or any member or employee of the Institute, regardless of whether such behaviour occurs on or off-campus;>

    (g)    to do any act which causes or is likely to cause physical or psychological harm to any other student, employee of >the Institute or any other member of the IJA community;

    (h)    to abuse or harass any member of staff of the Institute, their families or any fellow student;

    (i)    to litter the rooms, halls of residence or any other compound of the Institute with waste papers or any other kind of rubbish;

    (j)    any conduct which obstructs or frustrates or is likely to obstruct or frustrate the carrying out of any instructional or lawful activities scheduled to take place in the Institute;

    (k)    to give false information fail to identify oneself or produce an identity card when called upon to do so by any authorised officer of the Institute or any other >officer lawfully empowered to demand any such >information or identify in the execution of his lawful functions;>

    (l)    to wilfully, maliciously or negligently destroy trees, hedges, flower beds, fences of any kind, lawns or any other physical features maintained and cared by the Institute for whatever purpose;

    (m)    to invite, entertain and, or accommodate a criminal fugitive or any person banned from the Institute's compound or premises;

    (n)    failure or refusal to abide by any lawful order issued under any laws of the Institute or any lawful decision or directive passed by any appropriate organ of the Institute;

    (o)    any unauthorised possession of the Institute's property;

    (p)    to wilfully obstruct or cause to be obstructed any work or proceedings of any lawfully established organ of the Institute;

    (q)    to use the services of the Institute either in a private or official capacity without prior authorization of the officer-in-charge of the section or department under which such services are rendered which shall be obtained through the Dean of Students;

    (r)    any fraudulent collection of money from fellow students >or any other person;>

    (s)    to unlawfully possess and, or use any dangerous weapon >both within and outside the Institute;>

    (t)    to keep in possession any kind of illegal drugs and, or engage in any business or transaction which involves illegal drugs;

    (u)    to administer any illegal drugs to oneself or any other >person for whatever reason;

    (v)    to wilfully associate with any person or group of persons >who for one reason or another are involved in illegal drugs transactions or business, or any other criminal undertaking;>

    (w)    to assault a fellow student or any member of the IJA community;

    (x)    to threaten a fellow student or any member of the IJA community with death for whatever reason;

    (y)    all other acts which, in the opinion of the Student's Disciplinary Committee, constitute a disciplinary offence.

13.    Criminal >offences and consequences>

    (1) The Institute shall suspend any student charged with any >criminal offence in any court of law and against whom a prima facie case has been established.

    (2) Where a student is suspended under the provisions of subparagraph (1) of this paragraph, he shall not be reinstated as a >student until he produces the judgment of a court ruling in his favour.

    (3) Any student who has been reinstated under subparagraph (2) of this paragraph shall be re-suspended where an appeal has been preferred against him in the case he was facing and, such suspension >shall continue until the final determination of the appeal.

    (4) A student whose suspension period exceeds two consecutive academic years shall cease to be a student of the Institute.

    (5) Any student who is convicted of any criminal offence shall cease immediately upon such a conviction to be a student of the >Institute.

PART FIVE
ACADEMIC AFFAIRS AND CORRESPONDENCES (bylaws 14-21)

14.    Date of reporting

    (1) Every student shall report at the Institute at the beginning of every term and on the prescribed date as the Institute >may appoint from time to time.

    (2) Any student who fails to report on the prescribed date but >not later than seven days from the date of reporting and without any reasonable cause, shall be liable to a written warning from the registrar.>

    (3) If the breach mentioned under subparagraph (2) is the second or third, it shall be followed by a severe written warning and suspension from the studies respectively for a period not exceeding one academic year.

15.    Change of programme

    A student who secures admission to the Institute and who is registered to a specific programme shall not be allowed to change the programme to which he is registered without the prior written consent of his sponsor.

16.    Eligibility for examina>tions

    In order to be eligible for sitting the end of a particular >terminal or quarter examinations, a student shall be required to attend at least 80% of all lectures, tutorials or seminars.

17.    Leave of absence

    (1) A student may obtain leave of absence for a period not exceeding five days during term time on application to the Dean of Students and such an application shall be accompanied by written approval of the student's class supervisor and Head of Department on the prescribed form.

    (2) Notwithstanding the provisions of subparagraph (1) of this paragraph, the Dean of Students may, in exceptional >circumstances and where good cause is shown, grant leave of absence for a longer period not exceeding ten days.

    (3) Notwithstanding the provisions of subparagraph (2) >of this paragraph the Dean of Students shall not grant leave of absence >as required in this paragraph unless he has consulted the relevant Head of Department and the Head of Department has so recommended.>

18.    Correspondence

    (1) The Institute's office telephones shall not be used for students' private calls except by special permission from the office supervisor, in which case the student shall meet the cost of the call by paying to the Institute's Cashier and obtaining an IJA official receipt.

    (2) Official correspondences outside the Institute by any student concerning any issue that involves the Institute shall be routed through the Dean of Students.

    (3) Official letters to the press reflecting the interests of the student community at the Institute shall first be approved by the >students' government and shall bear 'IJASO' as their origin and not >the "Institute of Judicial Administration".>

    (4) Letters to the press from registered students societies which do not reflect the interest of the student community as a whole shall bear the address of their own.

    (5) Letters to the press from individual students which have not been approved by the students' government shall bear their own names and addresses of their respective Halls of Residence.

    (6) It shall be an offence under these By-laws for any student to interfere with any communication media, system or air waves for whatever purpose and, in particular, securing hidden identity for the >transmission of any message to other students, members of the IJA >community and, or outside the IJA, with a view of achieving anything >unlawful.

19.    Meetings >outside the >Institute

    (1) Meetings of any kind between any student and any authority outside the Institute in which any problem about the Institute is to be discussed shall be preceded by a written notification >two days before such meeting to the Dean of Students showing the >intention to hold such meeting, and the notice so given shall specify the authority with whom the meeting will be held, the problem to be discussed and the time and place for such meeting.>

    (2) The notice to be given as required under subparagraph (1) of this paragraph shall, in the case of a single student, be given by the student himself or, in the case of a group of students, by its representative or any individual student in that group.

20.    Library services

    (1) Save for those students who for any good reason have >been banned from enjoying the services of the Institute's library, every student shall be entitled to the services of the Institute's library.>

    (2) Library services at the Institute shall be available to students at specific operating hours as the IJA management may prescribe from time to time.

    (3) Students borrowing books, periodicals, magazines, any document or facility of the Institute's library shall personally be responsible for their care and safety and shall return intact the borrowed item to the issuing officer on the date specified or agreed for the return of such item.

21.    Bookshop >services

    (1) Students may purchase their text books and stationeries from the IJA Bookshop through the Institute's established procedures:

    Provided that 20% of the total book allowance shall be utilized by buying books or stationery from the IJA Bookshop.

    (2) Book and stationery allowances paid by students' sponsors to enable them to purchase books and stationery shall not be used by students for any other unrelated purpose and for such reason, shall be deposited with the Bookshop though the Institute's accounting procedure for use by students and for the purpose specified, and no student shall be entitled to any cash from such deposits.

    (3) Notwithstanding the provisions of subparagraph (2) of >this paragraph, the Institute may, in special circumstances, decided to >pay students in cash part of the allowance deposited with the Institute's Bookshop for the purchase of books, stationeries or any other item they need and which is not available in the Institute's >Bookshop.

    (4) Any cash balance at the end of academic year from the >Book and Stationery allowances deposited with the Bookshop may be >exhausted by the student by purchasing any article from the Bookshop.>

    (5) Any cash balance from the Book and Stationery allowances deposited with the Bookshop shall be carried forward to the subsequent year of study of the student concerned and shall be used together with other allowances deposited for such year in the >same procedure and for the same purpose.

    (6) If for one reason or another a student becomes unable to >proceed with his studies, his allowances deposited with the Bookshop >shall be returned to him after deducting any administrative costs incidental thereto.>

    (7) Any student who fails to exhaust in his last year of study and any time before the month preceding his graduation ceremony any allowances deposited with the Bookshop shall have his right to >such allowances forfeited.

PART SIX
DISCIPLINARY MATTERS (bylaws 22-34)

22.    Student's >disciplinary >committee (SDC)>

    (1) There is hereby established a Committee to be known as a "Students' Disciplinary Committee".

    (2) >The Students' Disciplinary Committee shall be composed of the following members–

    (a)    Registrar, who shall be the Chairman of the Committee;

    (b)    >Admission officer of the Institute, who shall be the Secretary of the Committee;>

    (c)    >two Student Representatives;>

    (d)    >Halls Superintendent;>

    (e)    >two Academic Staff Representatives.>

    (3) Members of the Committee as specified under items (c) >and (e) of subparagraph (2) shall be appointed by IJASO Government and Heads of Academic Departments respectively.

    (4) The Committee shall have the power, at any time and stage during any of its lawfully convened meetings, to co-opt any person to the Committee for any reason geared at facilitating the >better discharge of its functions.

23.    Tenure of office

    (1) The tenure of office for Students Representatives to the Committee shall be one academic year and for Academic Staff >representatives shall be three years.

    (2) Notwithstanding the provisions of subparagraph (1) of this paragraph, members whose term has come to an end may be re-appointed or re-elected as the case may be for another term of the same duration, provided that no member shall be re-appointed after serving as a committee member for two consecutive periods.

24.    Meetings

    (1) The Committee shall meet once in a term except that, whenever circumstances so demand, an emergency meeting may be called at any time.

    (2) One half of the members of the Committee shall constitute a quorum for the meeting.

    (3) All questions at a meeting of the Students' Disciplinary Committee shall be decided by a majority of the votes of the members present and voting at the meeting.

    (4) In the event of equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

25.    Powers and functions of the Committee

    (1) The Students' Disciplinary Committee shall have the following powers and functions–

    (a)    to receive and deliberate on any matter relating to the conduct of any student of the Institute as may be referred to it by the Dean of Students or any other person;

    (b)    to summon and interrogate any student and demand any evidence relating to any alleged misconduct of such student or any other student;

    (c)    to impose an appropriate penalty to students for any >offence committed under these By-laws or any other >laws of the Institute in which the conduct of the student is in issue;>

    (d)    to determine and impose any appropriate penalty on any student and for any proven offence relating to the conduct and discipline of such student where the same is not provided for in these By-laws;

    (e)    to advise the Institute on any matter in which the conduct and discipline of students is in issue and >propose, in appropriate cases, for measures to be taken, >for any act of misconduct or indiscipline by any student >that occurs on or off the campus of the Institute;

    (f)    to do any other thing not specifically provided for in these By-laws for the maintenance and promotion of >good discipline among students, between students and the IJA community and other communities outside the >IJA.>

    (2)(a)    Notwithstanding the provisions of items (c) and (d) of subparagraph (1) of this paragraph no penalty shall be imposed on >any student without first providing him the opportunity to be heard.

    (b)    It shall be the duty of the Committee through its Chairman to inform the Principal of any decision passed by the Committee on any student under these By-laws or any other relevant law of the Institute and the Committee shall not implement any decision on any student before the Principal is informed of such decision.

    (c)    Any matter which has been decided by the Committee shall not be referred to it again and a student who is not satisfied with the decision of the Committee may appeal to the Students' Disciplinary Appeals Committee.>

26.    Disciplinary proceedings and procedure

    (1) Without prejudice to any specific penalties provided for in these By-laws, any breach under these By-laws shall first be reported to the Dean of Students who, in appropriate cases, shall solve the matter before reporting it to the Students' Disciplinary Committee.

    (2) The Dean of Students shall have the power to warn, reprimand or require any student reported to him as having breached these By-laws to rectify any such breach.

    (3) Where a student is not satisfied with any warning, reprimand or any other directive by the Dean of Students made under subparagraph (2) of this paragraph, shall ask the Dean in writing to report the matter to the Committee and the Dean shall, upon such request, report the matter to the Committee suo motto.

    (4) Notwithstanding the provisions of subparagraph (3) of this paragraph the Dean of Students shall have the power to refer any matter reported to him to the Committee suo motto.

27.    Procedure relating to students conduct and discipline

    (1) Any authority or organ empowered under these By-laws to handle any matter relating to students' conduct and discipline shall adopt its own procedures as it may consider proper and shall have the power to summon any person to give evidence or information or produce any evidence in connection with any issue which is the subject of its determination.

    (2) Subject to subparagraph (1) of this paragraph no such authority or organ shall adopt a procedure which offends or seeks to offend the principles of natural justice.

    (3) Where the circumstances demand, the Committee shall have the power to alter its previous decision provided that such >alteration shall not be one which shall have any adverse effect upon the student concerned.

28.    Students' Disciplinary Appeals Committee (SDAC)

    (1) There is hereby established a committee to be >known as the IJA Students' Disciplinary Appeals Committee.

    (2) The IJA Students' Disciplinary Appeals Committee >shall be composed of the following members;

    (a)    the Principal;

    (b)    the Director of Studies of the Institute;

    (c)    the Director of Finance and Administration;

    (d)    >the Principal Administration/Personnel Officer;

    (e)    >one Academic Staff Representative;

    (f)    two Students Representatives.

    (3) The Principal shall be the Chairman and the Director of Studies of the Institute the Secretary of the IJA Students' >Disciplinary Appeals Committee.

29.    Committee's power to co->opt

    The IJA Students' Disciplinary Appeals Committee shall have the power to co-opt any person to any of its lawfully >convened meeting at any time and stage during such meeting for the better discharge of its functions.

30.    Appeals

    (1) Any party aggrieved by any decision of the Committee under these By-laws may appeal to the IJA Students' >Disciplinary Appeals Committee as stated under subparagraph (1) of >this paragraph shall be in writing and shall set out the grounds of such appeal.>

    (2) Any Appeals lodged with the IJA Students' Disciplinary >Appeals Committee as stated under subparagraph (1) of this paragraph shall be in writing and shall set out the grounds of such appeal.>

    (3) Notwithstanding the provisions of subparagraph (1) of this paragraph, any party wishing to appeal to the IJA Students' Disciplinary Appeals Committee may be granted an extension of time by this Committee for lodging an appeal with itself, and any such application shall be in writing and may be made either before or >after the time set for appeal under subparagraph (1) of this paragraph >has expired.>

    (4) The IJA Students' Disciplinary Appeals Committee shall meet within seven working days following the receipt of any Appeal.

    (5) The quorum for any lawfully convened meeting of the IJA Students' disciplinary Appeals Committee shall be one half of its members.

31.    Stay of penalty

    Where an appeal has been lodged with the IJA Students’ Disciplinary Appeals Committee, execution of any penalty imposed by the Students’ Disciplinary Committee shall be stayed pending the determination of such appeal.

32.    Members of IJA's >Students' Disciplinary >Appeals Committee not to take part >in appeal

    Any member of the IJA Students' Disciplinary Appeals Committee who took part in the decision which has been appealed against and brought before it, shall not take part in the hearing of such appeal.

33.    Powers to confirm, enhance, reduce, vary, set aside, etc., decision by Committee

    In determining any appeal brought before it by any aggrieved person under the provisions of these By-laws, the IJA Students' Disciplinary Appeals Committee shall have the power to confirm, enhance, reduce, vary, set aside or, modify any decision or penalty passed or imposed by the Committee.

34.    Appeals to the Governing Council

    (1) Where an appellant is dissatisfied with the decision of the IJA Students' Disciplinary Appeals Committee in respect of an appeal against any penalty imposed under these By-laws shall be entitled to appeal to the Governing Council of the Institute within ten working days from the date of determination of such an appeal by the IJA Students' Disciplinary Appeals committee.

    (2) Appeals to the Governing Council shall be in writing >where the appellant shall set out the grounds for such appeal.>

    (3) In determining any appeal by any aggrieved person under these By-laws, the Governing Council shall adopt its own procedure and in so doing may require the presence of any of the parties involved in the dispute or any other person it considers >necessary.

    (4) In determining any appeal under this paragraph no procedure shall be adopted by the Governing Council which offends or seeks to offend the principles of natural justice.

    (5) In the exercise of its appellate jurisdiction, the Governing Council shall have all the power vested in any authority or organ under these By-Laws, and may decide or do other things not expressly provided for under these By-laws.

    (6) Any decision or act of the Governing Council as >provided for under subparagraph (5) of this paragraph shall be final and conclusive.

PART SEVEN
PENALTIES (bylaws 35-38)

35.    Powers to >punish>

    The Committee shall have the power to punish any student who commits any offence under the provisions set forth in the first column of the First Schedule of these By-laws and the penalties to be imposed shall be as specified opposite those >provisions in the subsequent columns.

36.    Dismissal

    Without prejudice to any other provision in these By-l>aws, a student may be dismissed where–

    (a)    he is charged and proved to have committed an offence >punishable by suspension and that the same student had previously suffered the same penalty within the same academic year;>

    (b)    >he has been suspended and failed to comply with such penalty by either remaining or being seen on campus;>

    (c)    >it is established that he has committed a criminal offence or moral turpitude;>

    (d)    >he has committed an offence not specifically provided for under these By-laws and which, in the opinion of the Committee warrants dismissal.>

37.    Suspension

    Where suspension or fine is preferred as a disciplinary >penalty under these By-laws, the Committee shall have the power to >do the following–>

    (a)    in the case of suspension, to suspend a student for a >period not exceeding one academic year;

    (b)    in the case of a fine, to impose a fine of not less than fifty thousand shillings.

38.    Compensa>tion

    Notwithstanding any specific penalty provided for in the >First Schedule or any other provision of these By-laws any student >found guilty of any offence under these By-laws may, in addition to any specified penalty, be required to pay compensation for any loss or damage caused to the Institute's property or property of any member of the IJA community; or make good any loss resulting from the services of the Institute obtained illegally.>

PART EIGHT
MISCELLANEOUS PROVISIONS (bylaws 39-49)

39.    Married couples

    The Institute shall not be obliged to provide separate family accommodation to married couples or breast-feeding mothers and their infants.

40.    Change of names

    (1) Any certificate to be issued by the Institute to any student on completion of his studies shall bear the name by which such student gained admission to the Institute.

    (2) An Institute certificate shall be issued in a different name where there is sufficient evidence to show a change of name due to–

    (a)    marriage; or

    (b)    change of religion; or

    (c)    >divorce; or>

    (d)    any other circumstances that merit consideration.

41.    Motor >vehicles

    (1) Any student wishing to keep and drive a motor vehicle or motor cycle on the campus must first register it with the Dean of Students.

    (2) The registration of motor vehicles and motor cycles as provided for under subparagraph (1) of this paragraph shall be done annually upon the production of the following documents–

    (a)    >registration card;>

    (b)    >a valid certificate of Insurance;>

    (c)    >a valid driving licence;>

    (d)    >a certificate of road worthiness, where such appears >necessary.

    (3) The Institute shall have the power to refuse permission to any student or withdraw any permission granted to any student to drive on campus whenever it appears to the Institute that such student is a dangerous or reckless driver.

42.    Student to take care of >his properties

    The Institute shall not be responsible for the care and safety of any motor vehicle, motor cycle or any other property of a student.

43.    Students >debts>

    (1) The Institute shall have the power to exclude any student from studies and examinations if such student has any outstanding debts to the Institute arising from fees, accommodation charges or any other lawful arrangement involving the very student and the Institute.

    (2) A student who is excluded from studies for reasons specified under subparagraph (1) of this paragraph may be re->admitted at the Institute when all the outstanding debts have been >settled.>

    (3) Notwithstanding the provisions of subparagraph (2) no student shall be re-admitted as provided for in this paragraph if he does not settle the bill within two academic years from the date of such exclusion.

44.    Complaints against >Institute's staff>

    (1) Any complaint by any student on any member of >staff of the Institute shall first be reported to the officer-in-charge of >the section or department in which such member belongs and such >officer shall, on failure to settle the matter, refer it to the appropriate higher authority next in command.

    (2) Any complaint under subparagraph (1) of this paragraph >shall be lodged in writing through the Dean of Students.

45.    Accommodat>ion upon suspension>

    Any student suspended from studies shall, unless >permitted by the Principal or any person acting on his behalf, stay off-campus.

46.    Students to >bear any >costs of suspension>

    Any student who resumes studies at the Institute after being suspended under any of the provisions of these By-laws or any other law in force applicable to such student, shall personally bear >all the costs and other consequences of such suspension.

47.    Commencement of complaints

    Students' complaints of any nature shall first be handled >by the Institute's established mechanism for handling students' >complaints after such complaints have been presented to the Dean of Students by the Students' government leadership.

48.    Penalties to be recorded

    Any penalty imposed on any student by any authority >under these By-laws or any other law in force and applicable to such >student shall be recorded or caused to be recorded in the personal file >of the student concerned.

49.    Smoking

    Smoking shall not be permitted in the library, cafeteria, >lecture rooms, computer rooms or any other place that the Institute >may specify through any appropriate notice from time to time.

PART NINE
FINAL PROVISIONS> (bylaws 50-51)

50.    Amendment >of By-laws

    The Governing Council shall have the power to amend these By-laws at any time it deems necessary.

51.    Disputes

    Where any dispute arises out of the application of these By-laws, the dispute shall be placed before the Academic Planning >and Examinations Committee of the Governing Council for >determination or further directive and, if need arises, before the >Governing Council whose decision shall be final.>

FIRST SCHEDULE
OFFENCES AND PENALTIES

(Under By-law 35)

SECOND SCHEDULE
IJA STUDENT DECLARATION FORM

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