CHAPTER 93
MZUMBE UNIVERSITY ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
BY-LAWS
G.N. No. 170 of 1999
By-laws relating to the general welfare, conduct and discipline of the students of the Institute of Development Management and to provide for the better Governance, Control and the Administration of the Institute; and the procedure for the administration of disciplinary proceedings against students and other matters incidental thereto.
PREAMBLE
CONSCIOUS of the role of the IDM 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 IDM 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, THEN, THE GOVERNING BODY OF THE INSTITUTE in the exercise of the powers conferred to it under the provisions of section 24 of the Act establishing the Institute (Act No. 15 of 1972) has resolved to pass these By-laws in order that the Institute may realize 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 IDM community which is conducive to learning;
(c) To assist in building up discipline among students as trained future professional (Leaders and Managers) 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 IDM;
(e) To safeguard all the Institute's Physical facilities and property availed to students during their stay at the IDM.
PART ONE
PRELIMINARY PROVISIONS (bylaws 1-3)
1. Short title and commencement
These By-laws may be cited as the Institute of Development Management Students (General Welfare, Conduct and Disciplinary matters) By-laws, and shall come into operation on such date as the Minister may, by order published in the Gazette, appoint.
2. Interpretation
In these By-laws, unless the context otherwise requires–
"the Act" means the Institute of Development Management Act *.
"Academic Planning Committee" means the Committee of the IDM Governing Body responsible for academic affairs of the Institute;
"appropriate authority" means the Principal or any other officer of the Institute acting on his behalf in the execution of these By-laws;
"Catering Superintendent" means any officer of the Institute appointed by the IDM Governing Body to be responsible for the Kitchen and Cafeteria Services at the Institute;
"committee" means the Students Disciplinary Committee established under section 22(1) of these By-laws;
"Dean of Students" means any officer of the Institute appointed by the IDM Governing Body, responsible for the students welfare at the Institute;
"disciplinary offence" means any offence under section 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 body" means the Governing Body of the Institute established under section 6 of the Act;
"Halls Superintendent" means any officer of the Institute appointed by the IDM Governing Body, responsible for the care of the Student's Halls of Residence;
"he" includes "she";
"IDM" means an abbreviation for the Institute of Development Management;
"illegal drugs" means any drugs declared illegal by any law in force in Tanzania;
"illegal meeting" means any meeting or gathering which has not been allowed by an appropriate authority;
"Institute" means the Institute of Development Management established under section 3 of the Act;
"MIDMSO" means Mzumbe Institute of Development Management Students Organisation;
"Minister" means the Minister responsible for the Public Service Department, President's Office;
"Principal" means the Principal of the Institute as appointed under section 9(1) of the Act;
"Registrar" means any officer of the Institute appointed by the IDM Governing Body 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 section 28(1) of these By-laws;
"Students (Government) Representatives" means any competent body of students properly appointed and constituted to represent students 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) It shall be for the Institute through its established mechanism to bring to the attention of the students the existence of these By-laws.
(4) Notwithstanding the provisions of section 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 of the Institute appointed by the Principal shall be responsible to the Governing Body for the enforcement of these By-laws.
PART TWO
RESIDENTIAL AND OTHER MATTERS INCIDENTAL THERETO (bylaws 4-9)
4.
(1) All students may, upon admission and registration as students of the Institute, and depending on the availability of accommodation in the Halls of Residence or any other specified residence on 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 premise 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 premise of the Institute, or any student who has been allocated accommodation without having paid for such accommodation in advance as provided for under subsection (2) of this section.
(4) Any student who is evicted from the room by the Dean of Students under subsection (3) of this section 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 premise earmarked for residential purposes.
(6) It shall be the students' own responsibility to find and pay for off-campus accommodation.
5.
(1) Students are not allowed to change the rooms allocated to them 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) Each student shall, at the end of each semester hand back to the relevant authorities the room; 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 subsection (4) of this section, 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 damage or loss occurred.
6.
Students of the opposite sex are not allowed to share a room.
7.
(1) Students shall not use the rooms allocated to them for 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.
(1) Students shall take good care of the rooms they occupy 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 or 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 place where they are respectively kept or fixed to another place, whether in the Institute or outside the Institute;
(e) use the balconies and common room for drying or airing of beddings, towels, clothing or washings of any kind;
(f) cook in the Halls of residence or in any other premise 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 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 premise or compound of the Institute beyond room sound at any particular time.
(2) Notwithstanding the provisions of section 8(1)(i) of these By-laws, the Dean of students may grant permission to play music or do any other similar activity beyond room sound in any premise 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. [Omitted].
PART THREE
KITCHEN AND CAFETERIAL SERVICES (bylaw 10)
10.
(1) All meals from the Institute's cafeteria shall be served to students or any other persons as the Institute may allow on a commercial basis through meal tickets (coupons) which shall be purchased and produced from the Institute and for each meal requested respectively.
(2) Students are not allowed to enter the Institute's kitchens without the permission of the Dean of Students or any other person acting on that behalf.
(3) Notwithstanding the provisions of subsection 2 of this section, 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 enquiring, investigation or ascertaining any matter as may be lawfully required of him and which is associated with the students general welfare.
(4) All comments and or complaints about cafeteria 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) Any matter which has been reported to the catering superintendent in accordance with the provisions of subsection 4 of this section, may be referred to the Dean of students by the President of the Students Organisation if no action has been taken by the Catering superintendent within seven days, and after the President of the Students Organisation has been informed of such inaction by the students government leader responsible for cafeteria matters.
(6) All 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 premise currently being used for such services to any other premise 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
STUDENT GENERAL CONDUCT (bylaws 11-13)
11.
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.
Without prejudice to any other provision in these By-laws, the following acts shall constitute disciplinary offences for the purpose of these By-laws:
(a) To make noise or disturbance or mobilize other students or people to make noise or disturbance of any kind in any premise 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 organize and/or participate or convince others to organise and/or participate in any illegal meeting;
(d) To display drunkenness or any disorderly conduct or unbecoming behaviour 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 IDM 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) To display any conduct which obstructs or frustrates or is likely to obstruct or frustrate the carrying out of any instructional and or lawful activities scheduled to take place in the Institute;
(k) To give false information or 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 and or identity 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 compound or premises;
(n) To fail or refuse 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) To have any unauthorised possession of the Institute 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 such services are rendered which shall be obtained through the Dean of students;
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(r) To collect money fraudulently 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 IDM community;
(x) To threaten a fellow student or any member of the IDM community with death for whatever reason;
(y) To collect any other acts which, in the opinion of the Student's Disciplinary Committee, constitute a disciplinary offence.
13.
(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 subsection (1) of this section, 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 subsection (2) of this section 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:
Provided that, the total suspension period starting from the first suspension shall not exceed two consecutive academic years.
(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 CORRESPONDENCE (bylaws 14-21)
14.
(1) All students shall report at the Institute at the beginning of every semester 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:
Provided that if the breach is the second or third, it shall be followed by a severe written warning and suspension from studies respectively for a period not exceeding one academic year.
15.
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.
In order to be eligible for sitting the end of a particular semester or quarter examinations, a student shall be required to attend at least 80% of all lectures, tutorials or seminars.
17.
(1) A student may obtain leave of absence for a period not exceeding five days during semester time on application 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 subsection (1) of this section, 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:
Provided that the Dean of Students shall not grant leave of absence as required in this section unless he has consulted the relevant head of department and the head of department has so recommended.
18.
(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 IDM official receipt.
(2) All 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 students' government shall bear "MIDMSO" as their origin and not the "Institute of Development Management".
(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 IDM community and, or outside the IDM, with a view of an achieving anything unlawful.
19.
(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 the discussed and the time and place for such meeting.
(2) The notice to be given as required under subsection (1) of this section 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.
(1) Save for those students who for any good reason have been banned from enjoying the services of the Institute library, every student shall be entitled to the services of the Institute library.
(2) Library services at the Institute shall be available to students at specific operating hours as the IDM management may prescribe from time to time.
(3) Students borrowing books, periodicals, magazines, any document or facility of the Institute 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.
(1) Students may purchase their text books and stationery from the IDM Bookshop through the Institute established procedures:
Provided that 20% of the total book allowance shall be utilized by buying books or stationery from the IDM Bookshop.
(2) Book and stationery allowances paid by students' sponsors to enable them 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 through the Institute's accounting procedure for use by students and for purpose specified, and no student shall be entitled to any cash from such deposits.
(3) Notwithstanding the provisions of subsection (2) of this section, the Institute may, in special circumstances, decide to pay students in such 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.
(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) The Registrar, who shall be the Chairman of the Committee;
(b) The Admissions Officer of the Institute, who shall be the Secretary of the Committee;
(c) Two Student Representatives;
(d) The Halls Superintendent;
(e) Two Academic Staff Representatives.
(3) Members of the Committee as specified under paragraph (c) and (e) of subsection (2) shall be appointed by MIDMSO Government and Heads of Academic Departments respectively.
(4) The committee shall have the power, at anytime 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.
(1) The tenure of office for Students Representatives to the committee shall be one academic year and for academic staff representative shall be three years.
(2) Notwithstanding the provisions of subsection (1) of this section, 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.
(1) The Committee shall meet once in a semester 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 an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.
25.
(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 in not provided for is 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 IDM community and other communities outside the IDM;
(g) Notwithstanding the provisions of paragraph (c) and (d) of subsection (1) of this section, no penalty shall be imposed on any student without first providing him the opportunity to be heard;
(h) It shall be for 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;
(i) 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.
(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, may 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:
Provided that where a student is not satisfied with any warning, reprimand or any other directive by the Dean of Students, 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 within seven working days.
(3) Notwithstanding the provisions of the proviso to subsection (2) of this section, the Dean of Students shall have the power to refer any matter reported to him to the Committee suo moto.
27.
(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:
Provided that no such authority or organ shall adopt a procedure which offends or seeks to offend the principles of natural justice.
(2) 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.
(1) There is hereby established a committee to be known as the IDM Students' Disciplinary Appeals Committee.
(2) The IDM 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 the Graduate School of the Institute;
(d) The Director of Administration and Human Resources of the Institute;
(e) The Director of Planning and Finance of the Institute;
(f) One Academic Staff Representative;
(g) Two Student Representatives.
(3) The principal shall be the Chairman and the Director of Studies of the Institute the Secretary of the IDM Students' Disciplinary Appeals Committee.
29.
The IDM 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.
(1) Any party aggrieved by any decision of the committee under these By-laws may appeal to the IDM Students' Disciplinary Appeals Committee within seven working days from the date of decision of the committee.
(2) Any appeal lodged with the IDM Students' Disciplinary Appeals Committee as stated under subsection (1) of this section shall be in writing and shall set out the grounds of such appeal.
(3) Notwithstanding the provisions of subsection (1) of this section, any party wishing to appeal to the IDM 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 subsection (1) of this section has expired.
(4) The IDM 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 IDM Students' Disciplinary Appeals Committee shall be one half of its members.
31.
Where an appeal has been lodged with the IDM Students' Disciplinary Appeals Committee, execution of any penalty imposed by the Students' Disciplinary Committee shall be stayed pending the determination of such appeal.
32.
Any member of the IDM 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.
In determining any appeal brought before it by any aggrieved person under the provisions of these By-laws, the IDM 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.
(1) Where an appellant is dissatisfied with the decision of the IDM Students' Disciplinary Appeals Committee in respect of an appeal against any penalty imposed under these By-laws shall be entitled to appeal to the Government Body of the Institute within ten working days from the date of determination of such an appeal by the IDM Students' Disciplinary Appeals Committee.
(2) Appeals to the Governing Body 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 Body 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:
Provided that no procedure shall be adopted by the Governing Body which offends or seeks to offend the principles of Natural Justice.
(4) In the exercise of its appellate jurisdiction, the Governing Body 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.
(5) Any decision or act of the Governing Body as provided for under subsection (4) of this section shall be final and conclusive.
PART SEVEN
PENALTIES (bylaws 35-38)
35.
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 Schedule of these By-laws and the penalties to be imposed shall be as specified opposite those provisions in the subsequent columns.
36.
Without prejudice to any other provision in these By-laws, 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.
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 T.Shs. 50,000.
38.
Notwithstanding any specific penalty provided for in the 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 property or property of any member of the IDM community; or make good any loss resulting from the services of the Institute obtained illegally.
PART EIGHT
MISCELLANEOUS PROVISIONS (bylaws 39-49)
39.
The Institute shall not be obliged to provide separate family accommodation to married couples or breast-feeding mothers and their infants.
40.
(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 charge of name due to–
(a) marriage; or
(b) change of religion; or
(c) divorce; or
(d) any other circumstances that merit consideration.
41.
(1) Any student wishing to keep and drive a motor vehicle or motor cycle on campus must first register it with the Dean of Students.
(2) The registration of the motor vehicles and motor cycles as provided for under subsection (1) of this section 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 roadworthiness, 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.
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.
(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 that student and the Institute.
(2) A student who is excluded from studies for reasons specified under subsection (1) of this section may be re-admitted at the Institute when all the outstanding debts have been settled:
Provided that no student shall be re-admitted as provided for in this section if he does not settle the bill within two academic years from the date of such exclusion.
44.
(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 subsection (1) of this section shall be lodged in writing through the Dean of students.
45.
Any student suspended from studies shall, unless permitted by the Principal or any person acting on his behalf, stay off-campus.
46.
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.
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.
Any penalty imposed on any student by any 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 is not 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 50-52)
50.
The Governing Body shall have the power to amend these By-laws at any time it deems necessary.
51.
Where any dispute arises out of the application of these By-laws, the dispute shall be placed before the Academic Planning Committee of the Governing Body for determination or further directive and, if need arises, before the Governing Body whose decision shall be final.
52.
[Revokes the Institute of Development Management Students' By-laws (General Welfare, Conduct, Discipline, Disciplinary Proceedings and Penalties), 1991.]
SCHEDULE
PENALTIES
(Bylaw 35)
COLUMN 1 | COLUMN 2 | COLUMN 3 | COLUMN 4 | COLUMN 5 |
Section contravened under these By-laws | First breach | Second breach | Third breach | Any subsequent breach |
Section 5(1) | Severe Warning | Fine | Eviction from the room | |
Section 5(3) | Severe Warning | Fine | Eviction from the room | |
Section 6 and 7(1) | Severe Warning | Fine | Eviction from the room | |
Section 8(1)(a) | Severe Warning | Fine | Eviction from the room | |
Section 8(1)(b) | Severe Warning | Fine | Fine | |
Section 8(1)(c) | Severe Warning | Fine | Fine | |
Section 8(1)(d) | Severe Warning | Fine | Fine | |
Section 8(1)(e) | Severe Warning | Fine | Fine | |
Section 8(1)(f) | Severe Warning | Fine | Eviction from the room | |
Section 8(1)(g) | Severe Warning | Fine | Eviction from the room | |
Section 8(1)(h) | Severe Warning | Fine | Eviction from the room | |
Section 8(1)(i) | Severe Warning | Fine | Eviction from the room | |
Section 10(2) | Warning | Severe Warning | Fine | Suspension |
Section 12(a) | Severe Warning | Suspension | Dismissal | |
Section 12(b) | Suspension | Dismissal | ||
Section 12(c) | Suspension | Dismissal | ||
Section 12(d) | Severe Warning | Suspension | Dismissal | |
Section 12(e) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(f) | Severe Warning | Suspension | Dismissal | |
Section 12(g) | Severe Warning | Suspension | Dismissal | |
Section 12(h) | Severe Warning | Suspension | Dismissal | |
Section 12(i) | Warning | Severe Warning | Fine | Fine |
Section 12(j) | Severe Warning | Suspension | Dismissal | |
Section 12(k) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(l) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(m) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(n) | Suspension | Dismissal | ||
Section 12(o) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(p) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(q) | Severe Warning | Fine | Suspension | Dismissal |
Section 12(r) | Suspension | Dismissal | ||
Section 12(s) | Dismissal | |||
Section 12(t) | Dismissal | |||
Section 12(u) | Dismissal | |||
Section 12(v) | Suspension | Dismissal | ||
Section 12(w) | Severe Warning | Suspension | Dismissal | |
Section 12(x) | Severe Warning | Suspension | Dismissal | |
Section 20(3) | Severe Warning | Fine | Suspension | Dismissal |
Section 41(1) | Warning | Severe Warning | Fine | Suspension |
Section 44(1) | Warning | Severe Warning | Fine | Suspension |
Section 49 | Severe Warning | Fine | Suspension |
REGULATIONS
ARRANGEMENT OF REGULATIONS
Title
THE INSTITUTE OF DEVELOPMENT MANAGEMENT (ASSESSMENT
OF STUDENT PERFORMANCE) REGULATIONS
G.N. No. 472 of 1990
1. Citation
These Regulations may be cited as the Institute of Development Management (Assessment of Student Performance) Regulations.
2. Interpretation
In these regulations unless the context otherwise requires–
"academic assessment" includes assessment based on course-work, examinations or field attachment or thesis;
"Academic Planning Committee" means the Academic Planning Committee established by Regulation 3;
"academic programme" means any theoretical or practical academic programme;
"academic year" means such period in relation to any course conducted by the Institute, as the Governing Body may determine;
"Act" means the Institute of Development Management Act *;
"award" means any award designated by the Governing Body for grant or conferment upon students who qualify in accordance with these Regulations;
"Governing Body" means the Governing Body of the Institute established by section 7 of the Act;
"Institute" means the Institute of Development Management established by section 3 of the Act;
"Principal" means the Principal of the Institute;
"student" means any person enrolled as such for any course conducted by the Institute.
3. Academic Planning Committee
(1) There is hereby established an Academic Planning Committee which shall consist of–
(a) the Principal, who shall be Chairman;
(b) the Director of Studies, who shall be the Vice-Chairman;
(c) the Director of Manpower Development and Administration;
(d) one-third or more of the members of the Governing Body appointed by the Governing Body or, in the case of persons who are members of the Governing Body ex officio, their representatives;
(e) all heads of academic departments of the Institute;
(f) all programme chairmen in the graduate school; all chairmen of subject panels of the Institute and special committees designated by the Institute;
(g) the Chief Librarian;
(h) the Dean of Students;
(i) such number student representatives as the Governing Body may determine;
(j) Director, Research and Information and Publication (RIP);
(k) Admission and Examination Officers.
(2) The Registrar shall be the Secretary of the Academic Planning Committee.
(3) The Chairman, with the prior approval of the Academic Planning Committee, may invite any other member of the academic and administrative staff of the Institute to attend at any meeting or meetings of the Committee if it is considered that his presence would be beneficial to the deliberations of the Academic Planning Committee.
4. Functions of the Committee
(1) The Academic Planning Committee shall, subject to the Act, be responsible to the Governing Body for the proper conduct of the programmes run by the Institute.
(2) In particular, but without prejudice to the generality of the functions specified in paragraph (1) of this Regulation, it shall be the responsibility of the Academic Planning Committee, with the approval of the Governing Body to advise, revise vary or cancel any academic programme and set academic standards, including standards for the assessment of the academic performance of a student.
5. Awards of the Institute
(1) The Institute shall have and may grant the following degree and diploma awards namely–
(a) a Master's Degree for successful completion of a course of study lasting not less than two academic years;
(b) an Advanced Diploma for successful completion of a course of study lasting not less than three academic years;
(c) an Ordinary Diploma for successful completion of an undergraduate course of study lasting more than one but less than three academic years;
(d) a Post-Graduate Diploma for successful completion of a post-graduate diploma course of study.
(2) The Institute shall have as one of its awards and may grant a Certificate to every student, who successfully completes a course of study other than one for a diploma, lasting one academic year or more.
(3) The Institute shall grant a Certificate of Attendance to every student who participates in and completes a course of study lasting less than one academic year of the Institute.
(4) Every award of the Institute, whether degree or diploma or certificate, shall be so titled as to refer to the course of study the successful completion of which entitles the candidate to be granted the award.
(5) Every award of the Institute granted in pursuance of these Regulations shall be of a shape, size and form determined by the Governing Body.
(6) The Governing Body may, with the prior approval of the minister, designate and set conditions for other awards of the Institute in addition to those established by this regulation.
6. Standard of assessment
(1) Every student shall be assessed in accordance with the following rules, namely–
(a) in the case of undergraduate diploma and certificate courses, there shall be conducted in respect of every examinable subject the following assessable exercises–
(i) class tests and written assignments during the term when the subject is taught;
(ii) terminal tests or examinations for the subjects taught during the term;
(iii) end of academic year or final examinations for the subjects taught during the academic year;
(b) in the case of post-graduate students there shall be conducted assessment based on course work that is assignments, tests, group as well as individual presentation of project work; final examination, plus a written thesis that has been passed by at least one internal and one external reviewer.
(2) A candidate may at any examination, at the discretion of the examiners, be required to attend an oral examination and the percentage of the total marks awarded respectively for written, practical and oral examinations, in any subject shall be determined by the Directorate of Academic Affairs from the recommendation of the Directorate Board of Examiners subject to the approval of the Academic Planning Committee.
(3) All examinations of the Institute shall be conducted under the control of the Principal or any other officer of the Institute appointed by the Principal in that behalf.
(4) In addition to the subject matter of the assessment already stipulated under this regulation all students enrolled for courses leading to the award of Degrees and Advanced Diploma, Ordinary Diploma or any other award or the Field Attachment they do shall be subject to the directions and standards as shall from time to time be approved by the Academic Planning Committee.
7. Registration and eligibility for examination
(1) There shall be no special registration of candidates for examination, and every person registered as a student shall be deemed to be also registered for the appropriate examinations in the relevant course of study.
(2) Every student shall be required to attain a minimum attendance of eighty per centum of all the formal classroom periods scheduled by the Institute for his course of study, and any student who, without reasonable cause acceptable to the Institute, fails or refuses to comply with this regulation shall be disqualified from sitting for the end of the academic year or final examinations at the end of the academic year during which non-compliance occurred.
8. Non-eligibility
(1) Where a student is discontinued from a course of study on disciplinary grounds in accordance with the Institute of Development Management Student's (General Conduct, Disciplinary Proceedings and Penalties) Rules, and the execution of such discontinuance is not stayed, he shall not be eligible in any form of assessment under these Regulations.
(2) Subject to these Regulations, the Principal may, with the prior approval of the Academic Planning Committee prescribe any requirements to be complied with by every student or prospective student being eligible for the assessment of performance during the whole or part of the academic year and any student who without reasonable cause fails or refuses to comply with any such requirement shall be deemed to be disqualified for assessment of performance during the period in question.
9. Supplementary examinations
(1) When a candidate fails in not more than two subjects in respect of the first academic year in case of post-graduate courses or in not more than three subjects in respect of any subsequent academic years in the case of under-graduate courses, or in not more than three subjects in the case of certificate courses, or fails in the Field Attachment or Thesis Assessment, he shall be required to sit for oral examination or supplementary examinations or undergo an extended Field Attachment, as the case may be, conducted in accordance with the provisions of this regulation.
(2) Supplementary Examinations shall be conducted at any time determined by the Academic Planning Committee after the declaration of the overall year results as the Academic Planning Committee may determine.
(3) Where a candidate sits for Supplementary Examinations or undergoes Supplementary Field Attachment as required by paragraph (1) of this regulation and fails at such sitting or in the assessment of Field Attachment, he shall be required by the Academic Planning Committee, with the concurrence of the sponsor, to repeat the relevant year of study; but no candidate pursuing a course lasting one year shall be allowed to repeat.
(4) A candidate who fails in any number of subjects but does not qualify to sit for supplementary examinations shall be discontinued from the course.
(5) Any candidate, other than a graduate student in the final year, who fails in only one subject during supplementary examinations may be allowed to re-sit the examination in that subject as an external student during examinations conducted at the end of the following Academic year.
(6) A graduate student is allowed an oral examination if he fails in not more than two subject components for the whole year.
(7) A graduate student who fails in any one subject component either in the course-work or final examination shall be discontinued from study.
10. Special examination
(1) Where a candidate fails to attend the whole or part of the final or end of academic year examination under extenuating circumstances in the opinion of the Academic Planning Committee and if it is reasonable and in the interest of the candidate that he should be given an opportunity to sit for special examinations in the subjects the examinations of which he did not complete at the normal sitting and in such case–
(a) the decision of the Academic Planning Committee whether or not to allow any candidate to sit for special examinations shall be final;
(b) every candidate who appears from special examinations under this regulation shall be treated as if he had sat for the examinations for the first time;
(c) (i) special examinations for under-graduates shall be conducted at such time, coincident, with supplementary examinations after declaration of the overall year results, as the Academic Planning Committee may determine; and
(ii) special examinations for graduate students shall be conducted during January and July of each year.
11. Further examinations
For the avoidance of doubt it is hereby provided that no candidate shall be allowed to sit for any further examinations after the conduct of supplementary and special examinations, which shall be centrally administered only once, following the declaration of the end of academic year and final examinations as provided for under regulations 5(1)(c).
12. Exemptions
(1) No student shall be allowed to repeat any year of study more than once, and no post-graduate student shall be allowed to repeat the year after failing the examination:
Provided that the maximum time spent on the course shall not exceed the prescribed duration of the course by more than two years for a course lasting three and one year for courses lasting two years.
(2) Any student previously discontinued from a course of study on academic grounds other than involvement in an examination irregularity, may be enrolled again to his former or any other course, subject to satisfaction of the applicable entry requirements after the lapse of at least three and two years for undergraduates and graduates respectively following the discontinuation.
13. Examination irregularities
(1) Subject to paragraph (2), the Principal shall, with the approval of the Academic Planning Committee, from time to time prescribe rules governing the conduct of examinations and the sanctions to be imposed upon contravention of those rules.
(2) Notwithstanding paragraph (1), where any candidate is proved to have been in possession of or to have copied from material or other sources unlawfully brought into the examination during any part of the examination process, he shall, subject to the confirmation of the Academic Planning Committee be discontinued from studies.
(3) There shall be an Examination Committee which shall consider and decide on any examination irregularities reported and recommend or impose action for persons found responsible for or guilty of such irregularities.
(4) The members of the Examination Committee shall be–
(a) the Director of Studies who shall be the Chairman;
(b) the Heads of Academic Departments;
(c) the Registrar;
(d) the Examination Officer who shall be the Secretary:
Provided that the Committee may at any of its sittings co-opt any other person who in the Committee's discretion, will assist the proceedings at the sitting and the Committee shall have power to summon any candidate allegedly involved in any examination irregularity.
(5) The Principal of the Institute shall report to the Academic Planning Committee all serious cases of examination irregularities.
14. Application
Unless otherwise stated, these Regulations shall not be construed to apply to students taking a course which ordinarily lasts for less than one academic year.
15. Graduate Committee
The Field Attachment or Thesis Projects will be co-ordinated by Graduate Committee whose composition shall be as follows–
(a) the Director of Studies, who shall be the Chairman;
(b) Heads of Departments;
(c) All Panel Chairmen;
(d) Director of Research, Information and Publications;
(e) Masters Programme Chairman; and
(f) Head of the Graduate Studies, who shall be the Secretary.
16. Functions of the Graduate Committee
The Graduate Committee shall have the following functions–
(a) planning for solicitation of field research places;
(b) appoint student research supervisors and thesis committee;
(c) allocate students to various organisations;
(d) approve student thesis proposals;
(e) schedule field visits by research supervisors;
(f) evaluate the student thesis for final acceptance by Graduate School.
17. Graduation ceremony
There shall be held a graduation ceremony every calendar year. The ceremony shall be held on such a date, determined by the Governing Body, as may be convenient to the Institute after the declaration of the overall year results pertaining to the previous academic year. {/mprestriction}