Pubdate: Sat, 24 May 2014
Source: Dominion Post, The (New Zealand)
Copyright: 2014 The Dominion Post
Contact:  http://www.stuff.co.nz/dominion-post/
Details: http://www.mapinc.org/media/2550
Page: A16

DOPE-SMOKING STUDENT CAN'T CHALLENGE EXPULSION

High Court Rules Against Boy's Bid

A STUDENT who was expelled after being caught smoking dope during 
school hours, but not on school grounds, has lost his attempt to 
challenge the decision in the High Court.

The Palmerston North Boys' High School student, then 16, was 
suspended and later expelled by the board of trustees' disciplinary 
committee in December. That prompted his mother to seek a judicial 
review of the decision.

After being caught by police smoking marijuana with a group of other 
students, the pupil - who was dressed in uniform - was returned to school.

At a disciplinary hearing he was suspended by rector David Bovey, 
despite the boy apologising and his mother explaining difficulties 
after the recent death of two family members and a young woman 
stalking the boy.

The mother suggested her son not be suspended, but subjected to 
random drug-testing, but Bovey refused.

The board then met to consider whether the boy could continue to 
attend the school, and decided that expulsion was the appropriate decision.

During the High Court hearing the boy's lawyer, Toby Manktelow, 
argued that the suspension outcome was predetermined and the board 
had used unlawful processes and "inflexible policy".

But in his decision issued yesterday, Judge Alan MacKenzie dismissed 
the application for judicial review, saying he was satisfied the 
board's decision was made appropriately.

He ended his decision by noting that the boy was clearly a "young man 
with a promising future" and his conduct had been out of character.

"I express the hope that he will be able to respond positively to 
this unfortunate setback, and to put it behind him so that it does 
not affect his future."

The case closely follows a warning from school principals that 
parents were increasingly calling in lawyers over suspensions and 
turning disciplinary hearings into "mini High Court trials".

Bovey said last night he was happy with the decision, which confirmed 
the school had followed the right processes.

The boy, who has been attending the school pending the review 
outcome, would be leaving, but the timing was subject to discussions 
between lawyers.

The boy's family did not respond to interview requests.
- ---
MAP posted-by: Jay Bergstrom