Student wins institutional bullying battle after racism claim at private varsity

A Pretoria law student has won an institutional bullying case after an off-campus racist incident at a private university owned

Amara Mooloo was initially sanctioned with expulsion “in perpetuity” from the Independent Institute of Education’s Varsity College in Pretoria in August, after she had complained about the racism she experienced from a fellow student at a party. 

When the student was abused and belittled afterwards

Mooloo also claimed the university had discriminated against her based on mental health issues she had documented in confidence in her application. 

She appealed against the decision to bar her from studies last month. On 29 September, chairperson of the disciplinary appeals committee Darren Stevens found that there was insufficient evidence on the papers and records to support the charges and finding of guilt. According to the record of the proceedings, the evidence showed that the student obstructed or disrupted teaching. 

Stevens ruled that there was no evidence to support the allegation that Mooloo had brought the IIE into disrepute or that she had made an incorrect statement about it.

There was also insufficient evidence to show that the student had discriminated against others based on race, language or other factors. 

The guilty verdict was set aside, but Mooloo was given a written warning for disrupting class. 

Her troubles began on 25 July when she attended a fellow student’s birthday party. There, she was allegedly subjected to verbal intimidation

Mooloo insisted she would not speak the language of the “apartheid oppressors”, basing her reasons on personal experience she remembered from her grandfather at the hands of Afrikaners during apartheid. 

The student allegedly swore and pushed Mooloo before leaving. After the incident, she got a cold reception from IIE Varsity College students at the party. Mooloo then posted a TikTok video sharing her personal feelings and experiences as a victim of intimidation. No names or identifying details of individuals or the institution were revealed in the clip.

Mooloo informed IIE Varsity College that this was an exercise of her constitutional right under Section 16 (freedom of expression) in the Bill of Rights. She said the content was factual, from her perspective, and intended as a personal reflection, not a targeted attack. The college acknowledged that Mooloo had not breached its policies

However, on 28 July on campus, according to the disciplinary papers, Mooloo was allegedly “ambushed”

A student allegedly told Mooloo in class: “Shut the f***k up or none of us will speak to you for the rest of the year.” Another allegedly told her: “We don’t want you here. Go find another classroom.”

After the disciplinary hearing, Mooloo was convicted of breaching the institution’s regulations

Following the incident at the party, and after consultation with Mooloo’s mother, campus head Lyndsay de Sa agreed to transfer the 22-year-old student to another group. But she experienced the same abusive treatment as before from her new classmates. 

Mooloo told this to Melanie Shotter, the deputy campus head, saying she felt unsafe, feared physical attack and had suicidal thoughts after being stigmatised and ostracised. 

She shared screenshots of alleged cyberbullying

“The experience left me feeling increasingly isolated, as though my voice and perspective were being invalidated. There were moments where I felt bullied, unsupported and emotionally cornered, which only deepened my sense of disconnection and distress within the academic environment,” Mooloo said.

Her attorney Ebrahim Tayob said the rights of the student were not only ignored, but Shotter was also made aware of the stress and anxiety she felt through an email detailing the racism and bullying.

“We find it extremely disturbing that there was no investigation concerning these incidents. Thus, there is a clear element of victimisation and discrimination in her being prosecuted for a matter that she had initially reported immediately after the incident had occurred,” Tayob said.

“We have approached the department of higher education and training  and also plan to go to the Equality Court and take up the matter with the Council on Higher Education, which advises the minister.”

In a statement on Thursday, Advtech confirmed that Mooloo had initially made allegations against fellow students related to an incident that occurred off campus at a private function. 

“The student in question further confirmed that attendees of this private function were under the influence of alcohol. Campus representatives advised the student to follow appropriate alternate avenues for redress, as the institution is not mandated to, nor could it possibly, investigate alleged incidents that occur at private functions,” it said.

It said although these events occurred off campus, the student alleged that they contributed to a hostile learning environment, following several TikTok videos she posted regarding the alleged off-campus events. The student subsequently removed the videos. 

It added that the student was asked to lodge a formal grievance against those who allegedly contributed to the hostile learning environment, after which the institution would be mandated to investigate. However, following discussions with campus representatives, the student confirmed in writing that she did not want to proceed with a formal grievance. 

“The characterisation of events

Advtech, which did not investigate the Afrikaans bullying claim, reiterated its zero-tolerance approach toward racism and bullying of any kind. 

The spokesperson for Higher Education and Training Minister Buti Manamela, Matshepo Seedat, said the university’s branch within the department was awaiting details from the student before investigating or intervening.

Bullying and racism are becoming more prevalent across campuses of public and private institutions and schools, said Dr Shirley Lloyd, the chairperson of the Association of Private Providers of Education, Training and Development.

“I do not believe that what happened to the student, which she experienced as bullying and racism, is an isolated case at that campus only. I believe that many forms of bullying and racism are becoming more prevalent across campuses of public and private institutions and schools,” she said. 

“Even more so, all

Tshepo Madlingozi of the South African Human Rights Commission said the facts surrounding the case were concerning and suggested that a formal complaint be lodged with the commission for further investigation. 

He added that most complaints before the commission involved racism and considerable work needed to be done to help establish a culture of human rights in South Africa, particularly in tertiary institutions. 

This story was produced