Pubdate: Mon, 19 May 2014
Source: Manawatu Standard (New Zealand)
Copyright: 2014 Manawatu Evening Standard
Contact:  http://www.stuff.co.nz/manawatu-standard/
Details: http://www.mapinc.org/media/1057
Page 6

DOPE SMOKING STUDENT IN COURT CHALLENGE

A student caught smoking dope during school hours, but not on school 
grounds, has wound up in the High Court after his mother challenged 
the school's decision to expel him.

The Palmerston North Boys' High School student, then 16, was 
suspended and subsequently expelled by the board of trustees' 
disciplinary committee in December.

That prompted his mother to seek a judicial review of the decision.

The court case comes on the back of school principals saying parents 
are increasingly calling in lawyers over suspension matters, turning 
disciplinary hearings into " mini High Court trials".

School Trustees Association president Lorraine Kerr said the threat 
of legal action was leaving boards feeling vulnerable and frustrated 
about how to deal with disciplinary matters. " There's a high level 
of frustration . . . no one expects trustees to be legal experts, but 
there are about 123 parliament acts that could impact on boards.

" There is a lot of expertise needed to deal with that. You can't 
prepare boards of trustees for the world falling in . . . but that's 
why we do our darndest to support them."

In the High Court at Wellington on Wednesday, lawyer Toby Manktelow, 
representing the boy, who is now 17, described him as a " good boy 
who's done a stupid thing".

The student, who remains at the school pending the outcome of the 
review, was walking down a pedestrian accessway about a kilometre 
from the school when he was caught smoking drugs with a bong.

School rector David Bovey discussed the incident with the student, 
suspended him, and said he would need to appear before the 
disciplinary committee.

During the process, the student admitted smoking marijuana a couple 
of times previously, but Manktelow said it was not while he was under 
the school's authority.

Manktelow argued that comments made by Bovey about his " hands being 
tied" suggested the suspension outcome was predetermined, and the 
board had used unlawful processes and " inflexible policy".

Lawyers John Reardon and John Upton, QC, for the school and board, 
said the school had acted in good faith and natural justice had been 
upheld. Reardon said the school - which has a roll of about 1750 - 
had clear boundaries and some fundamental rules that students knew 
were not to be broken, which included drugs use.

John Paul College principal Patrick Walsh, who is working with the 
Ministry of Education on guidelines for principals dealing with 
misbehaviour outside school grounds, said it was not the first time 
Palmerston North Boys' High had faced legal action over disciplinary matters.

" Increasingly lawyers are the first port of call for parents . . . 
and that is the culture we're dealing with. Parents want someone to 
be responsible and to pay."

Scots College headmaster Graeme Yule said schools had clear 
expectations and, if students were breaking the rules, they should 
not be crying foul. " They should be taking personal responsibility."

Having lawyers involved in school matters was not always a bad thing, 
but many schools could not afford to get legal advice.

" My worry is that schools will choose to do nothing and not take a 
stand because of the costs involved. If that happens it will be 
society that is worse off."

Justice Alan MacKenzie has reserved his decision.

- - Fairfax NZ
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MAP posted-by: Jay Bergstrom