Professor for the School of Languages and Literature, South Africa Sakari Häkkinen, Dean of the Diocese of Kuopio, Finland. Ethical considerations 185 The occurrence of the application of positive discipline in a college of Technical and Vocational Education and Training.
Notes on Contributors
He has been teaching Education Law in the distance program (part-time) of the University of Pretoria for 7 years. He was previously a senior lecturer in Education Management, Law and Policy Studies in the Faculty of Education at the University of Pretoria.
The future is upon us
Discipline in early
21st-century schools, with special reference
Abstract
Nevertheless, it is the duty of educators and educators to try to look into the future, and they can do this by examining certain trends that are already observable and that already have an impact on the discipline of teachers and learners in schools. A number of specifically South African and also a host of international trends seem to already be having a negative impact on discipline in South African schools, and this is likely to continue in the foreseeable future.
Introduction and problem statement
However, subsequent developments in the political arena in South Africa show that the authors were wrong in assuming that they were preparing the education leaders of the future (they cite the future minister of education, school principals, inspectors and principals, among others) . In the four decades since the book's publication, the South African political landscape has undergone radical changes.
Conceptual and theoretical framework
The uniqueness of schools and school classes can also be observed in the uniqueness of the discipline displayed in schools. Therefore, disciplined behavior on the part of the educator can be described as reciprocal ethical behavior, as a positive ethical response to the commitment of the educator.
The contribution of the prevailing sociopolitical conditions in South
In the 2017 budget year, the Ministry of Basic Education suffered losses of R621 million due to unscrupulous contractors (due to misappointments and possibly also corruption, self-enrichment, theft and state seizure). The problem of indiscipline in schools is exacerbated by the inadequate training and qualifications of teachers, especially in the historically disadvantaged (black) schools.
The contribution of global and local conditions and developments to
Furthermore, teachers are at a loss when faced with new and more appropriate methods to maintain discipline in classrooms in a human rights environment (cf. Wolhuter & Van Staden 2008). Many teachers still use this method despite the risk of being charged by the department and even criminally (cf. Wolhuter & Van Staden 2008).
The exploitation of natural resources
The 21st century world is experiencing an environmental crisis in the form of air pollution (the result of which is global warming, along with droughts, floods and natural disasters), ocean pollution, deforestation, soil erosion and the destruction of biodiversity (cf. All these weather conditions understandably negatively affect order and discipline in schools, especially in remote rural schools, in the form of poor school attendance and inadequate maintenance of learning materials given to students and school facilities and other facilities.
The recent population explosion and changing demographics
This inconsistency results in the appointment of unqualified and unqualified teachers, which is another contributing factor to the dysfunction of some schools, and the two-tiered school system mentioned above (schools with historical priority, which still have financial means and materials to afford good teachers, among others, paid by parents through the school's governing body, and historically disadvantaged schools, which do not possess this ability and therefore perform below the norm). It stands to reason that discipline will not be at the expected level in the last group of schools due to the lack of adequately trained teaching staff.
The rise of neoliberalism in education
Secondly, this lack of insight into the educators' basic formative task, among those who cannot see that the young must be guided to maturity in the full sense of the word, leads to reactions on the part of the students. Third, the disruptive actions of students who respond in such ways to the neoliberal trends in and at school provoke a zero-tolerance approach and the imposition of one.
Science and technology: The technological revolution
As far as can be ascertained, the impact of access to all this information has yet to be determined, but it could be significant and could have an impact on how young people behave in their schools and classrooms. The fact that young people may base their actions on inaccurate and unverified information (fake and post-truth news) is a cause for concern (Oxford Living Dictionary 2017).
Political trends: Demise of the nation state and the shifting of the locus of power in
Political trends: The demise of the nation-state and the shift of power in. The decline of the nation-state can also be observed in sub-nationalist (regional) calls for independence from a nation-state such as Catalonia (Spain) and Scotland (United Kingdom).
Religious and life-conceptual trends
The persistent presence of religion, multicultural diversity, the values
Another trend that can be discerned is the widespread acceptance of the Creed of Human Rights, the recognition that every human being is entitled to a host of inalienable human rights that are inviolable even by a democratic majority (cf. United Nations Universal Declaration of Human Rights [2016]). The de facto advent of multicultural societies since the 1980s, the empowerment of minorities and societies where diversity is valued (and no longer suppressed) and protected by human rights, means that a dominant culture can no longer be imposed on minorities or individuals.
Internationalisation and globalisation
Globalism and internationalism have smoothed out many religious, cultural and other differences among young people between the ages of 8 and 18. Experienced travelers can attest to the fact that youth subcultures all over the world these days exhibit almost identical characteristics in terms of dress code, manners, sports, music, social activities, etc.
Discussion
The whole of the discipline problem in schools may be greater than the sum of the parts. As a result, we could not see modern-day classrooms only as microcosms of the world 'out there'.
Concluding remarks
In other words, teachers (as educators) and students (as educators) must show love, care, compassion, and moral imagination toward all others, regardless of the prevailing circumstances. Although a large number of variables have been mentioned and briefly touched on, a complete picture of the issue of classroom discipline could not be successfully drawn.
Interactive relational dynamics as
The purpose of this chapter is to facilitate a shift from an individualistic to a relational perspective on tackling bullying as part of maintaining high school discipline. A qualitative phenomenological research design was applied to examine the experiences of 33 students in three secondary schools in South Africa where bullying behavior was reported on a regular basis.
Introduction
Research conducted on bullying behavior in the South African context to date has largely focused on individuals who engage in bullying behavior either as victims, bullies or bystanders. In this chapter, we present research conducted to explore the interactive dynamics of relationships associated with bullying behavior in three high school communities in South Africa.
Problem statement
The relational dimension of bullying behavior has been emphasized in international research, but research within the South African school context does not sufficiently address the role of the interactive dynamics of relationships between members of the school communities in which bullying behavior occurs. In the research presented in this chapter, we addressed this knowledge gap by exploring the relational experiences of those who are bullied in high school contexts where bullying behavior occurs.
Theoretical framework
The influences of the interaction between people are central to their responses and not the information they share. Therefore, in the context of bullying, it is the strength of the impact of the interactions that will contribute to the kind and quality of the relationship that both experience, rather than the information shared between them (Jörg 2004:133).
Contextualising the research
Human behavior, including bullying, must therefore be understood in terms of the web of relational interconnectedness and not as individual acts of the unconscious mind (Gergen 2009; Josselson 1996:1; Stacey 2001:55). When information is exchanged on a reciprocal basis, an ongoing process of influence takes place between the two persons, involving the strength of influence and each person's experience in the interactions between them.
Research design and methodology
Ethical approval for the research was given by North West University (NWU-00060-12-A), and the Western Cape Education Department granted permission for the research. Parents or carers have signed permission for the learners to participate; the learners also signed consent forms.
Presenting the findings
The data obtained in the two phases were analyzed thematically by reading and re-reading the data, followed by the generation of codes for the identification of themes and sub-themes (Braun & Clarke 2006:16). Reliability was increased through the use of a variety of data collection methods, the inclusion of student voices representing the positions of the bully, victim and bystander in bullying incidents, as well as in-depth and detailed descriptions of the research context, methods and the research results (Tracy 2010).
Interactive patterns in the teacher–learner relationships
Interactive patterns in teacher-student relationships. If the rules are not followed in the classroom, the teachers often use punitive measures to control the behavior: You also have those teachers who say that you are just a number, if you do something, they will not even try to stop you. because they almost say, 'I give you work, you don't. You're not paying attention in class, so I'm not going to do anything else.
Interactive patterns in the learner–learner relationships
Second, students tend to exclude peers who are not part of or do not relate to the cool group:. It's almost like they don't even see you because you're not part of this group and then maybe you're a misfit.
Interactive patterns in the context of conflict
Participants in the study emphasized that children who habitually bully others often belong to the cool group. Interview with participants 2, location unknown, date unknown) Fourth, participants experienced that friends tend to betray each other's trust by revealing secrets to other peers, gossiping and spreading rumors.
Discussion of the findings
The fact that fighting, fueled by a conflict, is considered fun is a serious concern, as it confirms that bullying behavior has become part of the everyday dynamics of interactive relationships in these school contexts. Therefore, any effort to address bullying behavior must address the dysfunctional power struggles that underpin dysfunctional relational dynamics.
Conclusion
Acknowledgements
Teachers’ and learners’
Teachers who had been in the field before the official ban on corporal punishment were purposively selected from four schools. Some students applauded the introduction of alternative forms of discipline only because this system replaced what was considered to be an abusive system of corporal punishment.
Introduction and background
The purpose of this study was to examine teachers' and students' perceptions of alternatives to corporal punishment in Mahikeng Township secondary schools in the North West Province of South Africa. Both teachers and students expressed the need for a return to corporal punishment in cases of serious misconduct.
Discipline and the implementation of alternatives to corporal punishment
In India, although corporal punishment has been officially banned, various forms of corporal punishment are still used. The problem of successfully implementing ATCP measures is also experienced in countries such as Taiwan, where teachers have encountered serious problems in maintaining discipline since the ban on corporal punishment.
Aims of the study
Many of the studies that have been conducted on the effectiveness of ATCP have included teachers and parents in their samples. What are the opinions of teachers and students about the effectiveness of ATCP in schools?
Theoretical–conceptual framework
According to Skinner, actions followed by reinforcement will be strengthened and more likely to occur again in the future. For example, praising a child for performing a desirable action is likely to result in repetition (reinforcement) of that action.
Research design
The replacement of physical forms of punishment with non-physical forms led to different perceptions of the new disciplinary methods.
Participant selection
They were selected from these grade levels based on their maturity as students who have been in school for at least 10-12 years in the post-corporal punishment era. In addition, being part of the era of corporal punishment may have a strong influence on their views regarding alternative disciplinary measures.
Data collection
Teachers were purposively selected from each school on the basis of their seniority at the school and their having been part of the school during corporal punishment and after the introduction of ATCP. The students were senior students in the school and had at least 10-12 years of experience with the new disciplinary measures.
Data analysis
The interviews took place in a quiet environment in the school boardroom, in the principal's office or in a free classroom. Participants were given the opportunity to respond without undue pressure from the researcher or moderator.
Issues of trustworthiness
Ethical considerations
Findings and discussion
Perceptions regarding the implementation of alternatives
Asked if they thought corporal punishment should be reintroduced, teachers' responses ranged from emphatic. Corporal punishment should be reintroduced in order to curb unruly student behavior (teacher, location unknown, date unknown).
Perceptions regarding the effectiveness of alternatives to corporal punishment
This fostered positive feelings among students and an appreciation of the importance of ATCP in maintaining discipline. For example, a large number of negative perceptions regarding the effectiveness of the ATCP were evident in the responses of teachers and students in several schools.
Conclusion and recommendations
However, in Botswana, teachers often resort to corporal punishment to resolve issues of learner misbehaviour. The deteriorating situation in learner discipline in Botswana has provoked an interest in determining the effectiveness of the current disciplinary system of corporal punishment in the country.
Conceptual–theoretical framework
To achieve this objective of reporting the research, the remainder of the chapter begins with the conceptual-theoretical framework underpinning the study, followed by the empirical research, findings and discussion of the findings, limitations, contribution of the study and key recommendations. If a behavior is followed by punishment, it is more likely to be repeated in a similar way in the future.
Corporal punishment
As a result, the use of corporal punishment has decreased in some countries and some nations have abolished it altogether (Gershoff 2008:7). However, the government of Botswana continues to support the use of corporal punishment in schools.
The effect of corporal punishment
The long-term effects of violent behavior caused by the use of corporal punishment can negatively affect students. Corporal punishment can also result in 'high-risk adolescent negative behaviour' (The Human Rights Watch 2009:5).
The effectiveness of corporal punishment
Injuries caused by corporal punishment can range from severe bruising, severe muscle injuries, ruptured eardrums, brain damage, and whiplash injury (Banda 2006:1; Human Rights Watch 2007:41). Corporal punishment can not always leave only scars, but can also cause permanent bodily harm and even lead to death.
Design
A phenomenological approach was taken, focusing on teachers' and students' perceptions of the effectiveness of corporal punishment in public secondary schools in Botswana. Their views, based on their experiences with the phenomenon of corporal punishment, provide a common and shared understanding of the effects and effectiveness of this phenomenon.
Selection of participants
It goes without saying that at the time of the study they would have been senior teachers and even school officials. The integration of these themes and categories (Creswell 2014:115) ultimately led to an 'exhaustive description of the phenomenon' of the effects and effectiveness of corporal punishment as a disciplinary method in Botswana public secondary schools.
Trustworthiness
In accordance with ethical interviewing practice (Creswell participants were given individual informed consent forms to read and sign prior to the interview.
Teachers’ perceptions on the effects of corporal punishment on learners
Judging from teachers' perceptions, corporal punishment is likely to have a "ripple effect" on students, leading to other (behavioural and anti-social) problems and punishable offenses such as truancy, bullying and disrespect.
Learners’ perceptions on the effects of corporal punishment
Teachers’ perceptions on the effectiveness of corporal punishment on learner conduct
Indeed, the literature shows that corporal punishment does not have long-term effectiveness on the behavior of learners (Maphosa & Shumba 2010). Opponents of corporal punishment consider it ineffective as a means of achieving long-term improvement in learner behavior or of achieving a culture of learning and discipline in the classroom (Department of Education 2000:7).
Learners’ perceptions on the effectiveness of corporal punishment on learner conduct
Alternative disciplinary methods that might be effective in curbing learner
Both teachers and students agreed on the negative physical effects of corporal punishment, such as physical injuries. Additionally, both teachers and students mentioned absenteeism, stubbornness and disrespect towards teachers as consequences of corporal punishment.
A normative analysis of student misconduct
Vocational Education and Training college in
Student misconduct can be categorized into serious and common forms (Oosthuizen, Russo & Wolhuter 2015:89; Smit & Rossouw 2015:63). Poor academic performance in VET colleges can be attributed to student misbehavior among other factors.
Background
Regarding related forms of student misconduct, no statistics could be traced, leaving a significant research gap. The extent to which student misbehavior affects the academic performance of students can only be determined when the most common forms of student misbehavior are identified.
Student misconduct
Technical and vocational education and training schools are the primary vehicle for providing vocational training (Pittendrigh. The TVET sector is complex; it not only provides education and training to people but also prepares them for the workplace (Van der Bijl & Lawrence) 2016:342 ).
Manifestation of misconduct in other countries
Truancy and absenteeism, bullying, theft, gang activity, disruptive behavior and insubordination are the most prevalent forms of student misconduct in Malaysia (Tie. Student misconduct in Singapore involves online offenses in the form of defamation using blogs, emails and text messages, with cyberbullying is the number one form of misconduct.
Student misconduct in South Africa
To some extent, the nature of student misconduct in South Africa is similar to student misconduct elsewhere. The quantitative approach is based on a non-experimental research design, in order to obtain a broad overview of the nature and most common forms of student misconduct at the TVET college in question.
Population, site selection and sampling
Based on the points distilled through the factor analysis of data obtained from the quantitative research, a qualitative, phenomenological design was developed to gain a deeper insight into the phenomenon of student misconduct at this college. Based on the outcome of a factor analysis of data from quantitative research, which indicated the most frequent forms of misconduct, structured interviews were conducted.
Data collection strategies
Quantitative reliability and validity
We ensured the content validity of the questionnaire by submitting it to senior colleagues for review to determine whether the various questions were really relevant and whether they measured what they were supposed to measure. The validity of the construct was satisfactorily ensured by statistical factor analysis by comparing the inter-item correlation of the results from the questionnaire.
Qualitative trustworthiness
The use of Cronbach's alpha coefficient, which measures inter-item correlations, shows that a high degree of internal reliability was achieved, which shows that there is a similarity among items that are supposed to measure a common construct. In addition to individual approval, the Cape Peninsula University of Technology (CPUT) Research Committee and the Chancellor of the College gave approval for this study to be conducted.
Findings
In addition, the authors provided participants with an informed consent letter to sign before participating in the study (Creswell. Each interviewee was informed of and received an informed consent letter to sign prior to conducting the interview.
Gender of respondents
Position of respondents
Campus
The nature of student misconduct ranked
Absenteeism
Use of mobile phones
Arriving late for class
The attitude of these students can be attributed to indifference towards academic work and can be described as deliberate misbehavior with the intention of disrupting classes. Students who are late to class disrupt the lesson and fall behind because they miss the content covered in the initial stages of the lesson.
Unsatisfactory work
Sleeping in class
Disruptive behaviour
NCV students seem uninterested in their work, arrogant and disruptive during classes, while NATED students are cooperative and show interest in their work:. NCV students receive scholarships for their studies, accommodation and food, while NATED students already work and pay for themselves.
Instigation
During the interview, a senior lecturer in the engineering field of specialization explained a noticeable difference between the behavior of NCV students and NATED students. I think the fact that NCV students get everything for free leads to them not appreciating what they receive.
Ill-mannered behaviour
Narcotic substance abuse
Alcohol abuse
Illegal strikes
Dishonesty during tests and exams
Bullying
Possession of pornographic material
Harassment
Deliberateness
Because of their disruptive behavior, students who exhibit intentional forms of misbehavior may fall behind academically. Intentional forms of misconduct can be a cry for help or an attempt by academically poor students to cover up their inabilities and distract from their work.
Negligence
These students may bully or bully other students in an attempt to draw attention away from themselves. Intentional forms of misbehavior may be a cry for help or an attempt by academically poor students to hide their disability and draw attention away from their work. appears to have an impact on students' academic performance, as these students fall behind in their work and therefore may not be able to complete their assignments.
Indifference
Arriving late and using cell phones in class can have a negative impact on students' academic performance when they miss work or don't attend class. Careless students may be absent, late, or fail to turn in their assignments due to forgetfulness caused by their personal problems.
Summary of findings
It also does not meet the standard of the usual norms as depicted by the relevant TVET statutory provisions (WCC 2013:8–9). The Grundnorm for education is clearly enshrined in 'the supreme law of the Republic' - the provisions of the South African Constitution (SA 1996).
Application of due process in ensuring
Due process is an important concept in disciplining students, as it ensures that students are disciplined fairly. That is why school leaders must have a “proper conceptualization of due process and ensure that students are disciplined fairly to avoid violations of due process” (Mollo 2015:9).
Purpose of this chapter
The main result of the study was that most participants had difficulty understanding and implementing due process (Mollo 2015:197). The majority of the code of conduct for students did not adequately provide for due process.
Conceptualisation of learner disciplinary process
These findings as well as recommendations for the implementation of due process in student disciplinary hearings are integrated with the conceptual and theoretical perspectives presented further. This should be achieved so that the rights of students and educators are not violated in schools.
Human rights and the learner disciplinary process
The use of punishment and corrective action requires due process, but corrective action and punishment are not the only ways to discipline students.
Managing the disciplinary process
Stakeholders in the learner disciplinary process
Conceptualisation of due process
Two main interrelated issues are involved – due process and the practical application of due process. These concepts are interconnected because the student's disciplinary process cannot be fair if principals do not conceptualize and can not properly apply the appropriate process” (Mollo 2015:12).
Due process
Procedural due process
Substantive due process
Practical application of due process
Preliminary investigation
Section 8A(4) of the Schools Act (Republic of South Africa 1996b:a. 8A[4]) indicates that a fair search procedure which belongs. Some of the activities that take place during the preliminary hearing include the hearing of the accused learner and witnesses.
Issuing notices that have sufficient information
Additionally, "if the student is suspended from class, the notice must include a brief statement explaining that the student has been suspended from class" for a specified period of time (DBE 2008:31). The notification must then state what will happen during the exclusion from classes.
Disciplinary committee
Members of the governing body who have an interest in this case must withdraw from the sessions. The student disciplinary policy should specify the roles of the members of the disciplinary committee.
Conducting the hearing process
At the beginning of the disciplinary hearing, the chairperson should greet everyone present and introduce them. The outcome of the preliminary hearing (indictment) is read to the defendant.
Process of adjourning and considering the facts
It is also important that the student's disciplinary policy provides the procedure to be followed during suspension and when considering the facts. This will help future new disciplinary commissions in the process of examining the facts and deciding on the appropriate sanction.
Reason must be given for the decision
which is submitted to the HoD of the province to enable him/her to make a decision must include a full report of the circumstances that led to the decision taken; the minutes of the meeting at which the decision was taken; and any written representations by the learner, parent(s), representative(s). Michiel de Kock v the Head of Education and Others, Province of the Western Cape).
Right to appeal
The model of the application of due process
Service providers
Capacity-building and training programmes
To motivate participants to attend these due process programs, South African Council for Educators (SACE) Continuing Teacher Development points should be awarded to all those who successfully complete the sessions of training.
Capacity-building and training manuals
Theoretical and practical activities
Proper conceptualization of due process and student disciplinary process will lead to effective practical application of due process in all disciplinary actions. The suggested model for improving the implementation of due process should be used by various stakeholders in education to improve the implementation of due process during student discipline.
Disciplinary hearings
Legal principles and procedures
Accordingly, the purpose of this chapter is to explain and discuss the legal principles and requirements of procedural and substantive fairness in the conduct of student disciplinary proceedings. Educators and school principals may not be experienced or familiar with the legal aspects of disciplinary proceedings.
The phenomenological design
The process of analyzing the qualitative data involved the consolidation, reduction and interpretation using open coding, axial coding and selective coding methods to arrive at common categories and themes (Maree et al.
Law research from an Education Law perspective
In other words, although legal research approaches a subject from law as an object of research, the ontological basis of this research is education, with disciplinary hearings in schools as the specific object of research. Since the functionality and goals of the legal system differ from the functions and purposes of the educational system, this research differs from pure legal research methods.
Findings of the phenomenological study
However, in this research the unit of analysis is disciplinary treatment in schools rather than the law per se, so the approach is from an educational perspective to the extent that the law applies to it. This approach sheds a different light on the dilemmas facing education because the core values and interests of the school and stakeholders receive different emphasis than pure legal research, which takes a mostly positivist approach.
Investigation and pre-hearing phase
Preparation phase
Furthermore, some educators who investigated cases of serious misconduct were unsure whether the accused or the alleged perpetrators could be required to answer questions and give their version of the case prior to a disciplinary hearing in the absence of a representative or parent (P3, ln. : 56). Often the parents came to the meeting with the prior intention of fighting the disciplinary steps tooth and nail, but left with a change of heart after realizing that the disciplinary hearing is primarily a measure to correct a student's misbehavior and not necessarily intend to act. to the detriment of the accused student (P5, ln: 231).
Disciplinary hearing phase
On one such occasion, the lawyer who represented the learner objected to the fact that the disciplinary committee consisted of two parent members of the school governing body and the deputy principal (P. ln 54). The lawyer argued that the provincial regulations required the principal to initiate the disciplinary hearing and consequently to serve on the disciplinary committee.
Corrective measures and enforcement of discipline phase
Adequacy of a school’s code of conduct
School governing bodies should avoid drafting overly technical, mechanical and burdensome school codes of conduct because courts, in principle, do not require strict formality, but simply require that general principles of procedural and substantive justice be observed during the hearing. .
Uncertainties about the pre-hearing investigation and procedure
By interpreting the statutory provisions and the Education Act, determine whether there has really been a violation of the code of conduct or school rules. It is recommended and good practice for the prosecutor to meet with the parents of the accused student before the hearing.
Legal technicalities and preliminary objections
Even if the parents refuse to attend such a meeting with the prosecutor, it is recommended that the chair of the disciplinary committee ask those parties to meet in a neutral office or off-site before proceeding with the hearing. The paragraphs that follow will discuss the legal principles that apply to certain objections made during school disciplinary hearings.
Objections against charge sheets and notices of disciplinary hearings
Substance and not form – The law does not require strict formalism in charge sheets
Disciplinary charges are not intended to be a precise statement of the elements of a criminal offense. The degree of injustice would depend on the particular facts and circumstances of each case.
Objections about insufficient time to prepare a defence prior to the hearing
It would be a mistake to drop the charges entirely if the indictment could be corrected. If a chairman allows disciplinary hearings to be compromised or disrupted for no substantive reason, then the ultimate effect will be that educators and school leaders become discouraged and negative about using the ultimate measure to deal with serious misconduct in schools.
Strict proceduralism versus flexible procedural fairness
Uncertainty about the roles and functions of persons involved in disciplinary
In relation to serious misconduct, only the principal may take disciplinary action against a student if, after an investigation, there is prima facie evidence of a violation of the code. The remaining members of the Disciplinary Committee will not be the principal or students at the school.
Procedural fairness
It is beyond the scope of this chapter to elaborate and discuss each step of the disciplinary hearing in detail. The chairman of the disciplinary committee and the prosecutor must familiarize themselves with these regulations and guidelines in order to comply with the legal requirements.
Substantive fairness
