Court backs toga parade suspensions

Otago University acted within its powers when it suspended students because of their behaviour during this year's orientation week toga parade, the High Court has ruled.

In February up to 2000 first-year students took part in the parade through the centre of Dunedin, which degenerated into mayhem.

Buckets of vomit and faeces were thrown, bystanders were pelted with eggs, and windows were smashed.

As a result, the university excluded two students for the first semester.

One of those, Nathan Stewart, sought a judicial review of the ruling, alleging that the university had exceeded its powers in excluding the students, and claiming the penalty was "disproportionate to the conduct" involved.

The Otago University Students Association took over his case and told the court that student behaviour which did not occur on campus, was not organised by the university, and happened before the start of the academic year, placing it outside the governance and disciplinary procedures of the university.

In his findings released today, Justice Warwick Gendall said the university's code of conduct governed student behaviour which was "of such a degree" that it affected the good reputation of the university.

Even though the parade was organised by the students' association and not the university itself, the students clearly "could lower the standing and reputation of the university in the eyes of the general public".

Justice Gendall ruled that the misbehaviour of the students in this year's toga parade fell within the university's disciplinary powers.

The university was entitled to seek costs involved in responding to the case, he said.

University vice-chancellor Professor David Skegg the finding removed any lingering doubts about the legitimacy of the university's stance with the code of conduct.

"Despite some unacceptable lapses, student behaviour has improved steadily over the last couple of years. We believe that this is a direct result of the introduction of the code of student conduct and our campus watch service," he said.

- NZPA