Student expelled over ‘white powder’ snorting video back in court

A Leaving Cert student expelled from a secondary school over an incident where a classmate was videoed snorting some white powder, which turned out to be sugar, is back in the High Court to mount a further legal challenge.

The student was one of two students who last year were formally expelled by the school after the video taken in the classroom became publicly known.

They remain in the school having got injunctions against the school board of management allowing them attend school for the academic year pending full and final determination of their proceedings over the expulsion decision.

This week, Mr Justice Seamus Noonan was told both students, who cannot be identified for legal reasons, had also appealed the decision to expel them to the Department of Education.

Two independent three-person committees were set up under Section 29 of the 1998 Education Act to hear the two appeals in late January. The committee had decided to uphold one student’s appeal but rejected the plaintiff student’s appeal.

Mr Justice Noonan was told, in the case of the plaintiff student, the committee accepted he was not responsible for the wide dissemination of the video which had been copied by a third student and posted on social media.

In his High Court proceedings against the Department of Education committee, the student wants an order quashing its decision to disallow his appeal against expulsion.

Disproportionate

He claims the committee decision was so grossly disproportionate as to be unsustainable. He also claims he had co-operated with the school, showed contrition and was willing to engage in a programme of voluntary work.

It is also claimed, if one appeal was allowed, the other appeal should also have been allowed and one committee should have heard both appeals. The secondary school involved is a notice party to the latest proceedings.

Mr Justice Noonan granted leave for the student to bring the judicial review.

In December last year, both students, got injunctions against the school board of management allowing them attend school for the current academic year pending full and final determination of their proceedings.

They sought the injunctions as part of their High Court actions aimed at quashing the school’s decision to expel them. The school has appealed the injunction decision to the Court of Appeal and that appeal will be heard at the end of this month. The students took the initial High Court proceedings after they were informed, following an investigation, the school had made “a preliminary decision” they should be excluded.

At a meeting of the school board after the injunctions were granted, the decision to expel them was confirmed. The board found the boys had behaved in a manner that posed a serious threat to the good order and discipline of the school.

The students want that decision quashed on grounds including it breached fair procedures, is disproportionate and flawed.