Student claims suspension from DCU due to ‘cultural differences’

A Dublin City University student has taken a legal challenge to a decision by college authorities to exclude him from his course over what they regarded as “inappropriate” behaviour.

Lifeng Han, a Chinese national and a PhD student in computing, was formally excluded by the college authorities last February over what a disciplinary committee decided was unacceptable and inappropriate behaviour.

Mr Han says the allegations against him “could be explained by way of cultural differences” but he never got the opportunity to make that case, the court heard.

Mr Justice Seamus Noonan on Monday granted Frank Callanan SC, for the student, leave to challenge the decision of the disciplinary investigation in judicial review proceedings. The leave application was made on a one-side only represented basis.

Mr Callanan said his client was excluded from classes and college facilities last September. Mr Han also lives on campus and now fears his accommodation could be under threat as a result of the disciplinary finding, counsel said.

Refused

His exclusion was formally notified following a disciplinary hearing last February. He sought to appeal the decision but was refused permission last month.

Mr Callanan argued that his client was denied fair procedures for reasons including a member of the disciplinary committee had a prosecutorial role in the matter.

He was accompanied to the disciplinary hearing by two friends but was not in a position to put his case forward, counsel said. He is reasonably fluent in English, he added.

The findings of the disciplinary committee were professionally and personally devastating to Mr Han, who is now concerned both about his accommodation and a €16,000 stipend he receives for living expenses, Mr Callanan said.

Mr Justice Noonan granted leave to bring the proceedings and also granted liberty to him to apply for an injunction in the event of any immediate danger to Mr Han’s accommodation situation.

The case comes back in October.