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Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary from author Thomas Webb.



2020 ◽  
Vol 42 (3) ◽  
pp. 62-69
Author(s):  
Rumi Iqbal Doewes

Match fixing is an example of match manipulation which involves removing the uncertainty of the outcomes of a match. Match fixing usually has one of two purposes. First, it may be for the team to survive relegation or achieve promotion, or secondly for a betting outcome. The purpose of this study was to investigate the issue of match-fixing in the world of Indonesian football and the actions taken by the Football Association of Indonesia (PSSI) to cope with this problem. The research method was qualitative and drew on data obtained from semi-structured interviews with a convenience sample of informants. The study informants had experiences as former players, club managers, and member(s) of the PSSI disciplinary committee. The results highlight some of the known examples of match fixing in Indonesian football, their handling and the reasons behind them. To counter match fixing in Indonesian football, PSSI formed an Anti- Mafia Task Force and collaborated with Genius Sports an international technology company which monitors data on sporting events as a part of its global sports integrity programme.



Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary from author Thomas Webb.



Author(s):  
Josta Nkomo ◽  
Greanious Alfred Mavondo ◽  
Obadiah Moyo ◽  
Blessing Nkazimulo Mkwanazi ◽  
Francis Farai Chikuse ◽  
...  

Introduction: Conflict is major social construct happening in most communities where people of divergent and different backgrounds finds themselves inhabiting a common environment. Schools formulate habitat with semi-seclusion from the rest of society and conflict arising needs to be managed. Also engaging is conflict resolution without taking sides in such environments where children interact with adults more frequently requires skills and training which aspects do not form part of teaching and learning curriculum. Peri-urban schools find themselves as rich ground for conflict due to their being neither urban or rural but tend to receive influence from both settlements. Conflict nature and conflict resolution may tend to take different forms from an aggregate of approaches seen or taken in urban and rural settings. Therefore, the study explored school teachers’ perceptions on conflict management in eight representative schools in Mberengwa District. Materials and Methods: The sample of the study comprised of eight school managers, thirty-two members of school disciplinary committee members and twenty-four junior classroom practitioners Both qualitative and quantitative approaches were used in the study. The qualitative research design followed focused group discussions and open-ended questions fielded during interviews to school heads and school disciplinary committee members who formed the management team of the schools. Quantitative data was obtained through closed ended questionnaires given to primary school teachers. The school teachers were selected using a stratified simple random sampling technique and purposive sampling were used to select both the school heads and the school disciplinary members. Results: The study revealed that poor communication(100%),unfairness (87.5%), shortage of resources(100%), role-conflicts(70.3%), poor governance (87.5%) and political afflictions (87.5%) were the root causes of conflict in primary schools when compares to other causes (P <0.05). Thirty disciplinary committee members (100%) and twenty-four teachers (92.2%) indicated that student-student, teacher-teacher and teacher-managers conflicts were common in peri-urban schools contrasted to other forms of conflict (P <0.05). Conflict resulted in strained relationships (100%), caused of disunity (100%), disrupted teaching and learning (88%), was time consuming (78%), lowered production (78%), caused stress and high blood pressure (100%) and diverted attention from crucial activities (75%). Heads of schools displayed a conflict avoidance as a conflict resolution strategy. Conflict management literature was in short supply in schools and schools rarely conducted conflict management meetings. Confrontation, collaboration and compromise were the most used conflict management strategies. Managed conflict had benefits of creating social change and allowed staff to engage more and needed to be included in curriculum development. Conclusion: Primary school head teachers need to conduct meetings on conflict management and procure literature on conflict management to resolve conflict appropriately. Members of disciplinary committee need to handle conflict fairly and to consult literature on conflict management so that they can handle conflicts progressively and as benefit to teaching and learning. Educational officers need to facilitate and ensure that conflicts are handled appropriately and progressively. Introduction of conflict management as a learning tool, study area or be taken as a cross-cutting component in the competency-based curriculum was necessary.



2020 ◽  
Author(s):  
Sheila Marie P. Serrano ◽  
Mauro Allan Padua Amparado

The study analyzed the disciplinary process at the College of Nursing, University of Cebu Banilad, Cebu City, Philippines for school year 2009-2010. The findings served as bases for a proposed disciplinary manual for student nurses.This study utilized the descriptive-analytical method, specifically the document analysis. It made use of the database of misdemeanors committed by student nurses for school year 2009-2010. There were 228 subjects, and incident reports evaluated. Judgmental sampling was used in selecting the incident reports.Majority of the subjects were 17-19 years old, female students from the level four and are regular students. Based on the analysis of the disciplinary process, misdemeanors committed were primarily incomplete requirements committed in the school, classroom or review classes. They perceived that administrators, teachers, and disciplinary committee members have less support in the disciplinary process.Based on the findings of the study, researchers recommended the following: (1) implement the proposed disciplinary manual for student nurses; (2) increase support from the administrators, teachers, and disciplinary committee members in the disciplinary process; (3) conduct a study focused on a three-year period on the disciplinary process; (4) strengthen the role of the advisers to motivate and guide students’ behavior so as to minimize commission of an offense, misconduct or violation of school policies; (5) conduct an annual re-orientation of students as to the school rules, regulations and policies, preferably at the start of the school year; (6) Further studies shall be conducted to evaluate the quality and rigor of the disciplinary program for five to ten years. The researcher may also compare the proceedings during this period and identify the need for further revision in the program. Recommended citation: Serrano, Sheila Marie P. &amp; Amparado, M. A. P. (2015). Analysis of the Disciplinary Program: Misdemeanors, Support and Challenges. Journal of Research in Nursing, 1(1), 80-89.



The idea behind the task is to create the complaint about the student, who behaves mischievously in any circumstances by not following the dress code which includes things like identity cards, shoes, tuck especially for men, students should not carry mobiles to college if any person/student violates these rules then the disciplinary committee members have the authority to take off that particular student’s belongings (I.e. I’d card, mobiles). If that particular student caught more than one time for any condition then then the disciplinary committee will charge a fine and sometimes the mobile phones and I’d cards will be moved into locker (where they head of the committee members will have capacity to keep with them more than 3 days to 1 month, sometimes they will keep with them 1 year too. Students have to spend much time to take their belongings from the disciplinary committee members and also to take permissions, instead of that we are created a website and in that website students, disciplinary committee members including administrators can read, write, create and delete the comments that are created. From that data we can analyse in the way of plotting techniques and classification approach in which year students are not in discipline manner



Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary from author Thomas Webb.



2019 ◽  
pp. 9-27
Author(s):  
Krystyna Nizioł

Members of disciplinary bodies (disciplinary ombudsmen and members of disci plinary commissions) are at risk of being held liable for compensatory damages arising in connection with their duties (i.e. for procedural failures in disciplinary proceedings). The lack of regulations concerning the liability for compensation by the members of disciplinary bodies is also a factor which is unfavourable for those who suffered damage as a result of disciplinary proceedings. As can be seen from the resolution of the Supreme Court of 27 September 2012 analysed in this study, for procedural violations committed in the course of discipli nary proceedings, members of disciplinary bodies are personally liable, jointly and severally with the higher education institution in which they are employed. The conclusions of the analysis of the case law therefore also point to the need to address this problem in a systematic manner. This objective has been partially achieved in the draft of the new Act on Higher Education and Science, which includes for the first time a provision on the optional coverage of members of disciplinary bodies with a third party liability insurance. Nevertheless, it could be argued that this regulation ought to be improved by introducing a compulsory third party liability insurance of members of disciplinary bodies, specifying, preferably in the imple- menting regulation, the minimum amount guaranteed, and elements such as the scope of the third party insurance and the date of commencement of the insurance cover (e.g. the day preceding the commencement of the function of disciplinary ombudsman or member of a disciplinary committee). Such a solution is supported by the analysis of regulations concerning obligatory third party insurance applica- ble to selected professions which has been carried out in the present study. In the case of these professions, the solution that was applied is the one that clarifies the regulations related to the obligatory third party insurance covering the performance of these professions.



Author(s):  
Kenneth Hamer

The Supreme Court held that the doctrine of cause of action estoppel applied to successive complaints before a professional disciplinary body, that disciplinary proceedings were civil in nature and that therefore the principles of res judicata applied, and that there was no reason why cause of action estoppel should not apply to successive sets of proceedings before the Disciplinary Committee of the Institute of Chartered Accountants in England and Wales (ICAEW). The Supreme Court so held in allowing an appeal by C-W, a chartered accountant, against the Court of Appeal, which had upheld the dismissal of his application for judicial review of the decision by the Committee to refuse to dismiss a second complaint based on the same facts of a first complaint that had been dismissed on the merits.



Author(s):  
Kenneth Hamer

The plaintiff (who was not a solicitor) brought libel proceedings against the chair and members of the disciplinary committee constituted under section 46 of the Solicitors Act 1957 and the Solicitors (Disciplinary Proceedings) Rules 1957. The plaintiff alleged that certain statements in the findings and order of the committee that related to him were defamatory. The committee, comprising Sir William Crocker as chair and two other members, found that the allegations against the solicitor had not been substantiated. The plaintiff issued a writ against the three members of the committee, claiming that the findings and order was falsely and maliciously published by the chair, with the knowledge and consent of the second and third defendants, of whom all three were joint authors. In their defence, the defendants claimed that the publication complained of was made by them as members of the committee set up under sections 46–48 of the Solicitors Act 1957 and the 1957 Rules, and that the publication occurred in the course of and formed part of proceedings before a statutory tribunal exercising judicial functions and was therefore absolutely privileged.



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