Expelled pupils challenge school ruling

Two teenagers due to sit their Leaving Certificate next year yesterday took a High Court challenge to their school's decision to expel them for smoking cannabis at a private party outside school hours. The boys were expelled last month and remain out of school.

Mr Justice Kearns reserved his judgment until Thursday next on an application for an interlocutory injunction to restrain the school authorities from expelling the boys until after the hearing of an action by the boys' parents against the school.

The judge directed that nothing should be published which might identify the boys or the private Dublin school.

The court heard both boys had admitted having cannabis for their own use at a private party in a pub outside Dublin last month. It was alleged there was also widespread underage drinking at that party.

A teacher at their school was in the pub and became aware of their having cannabis. That teacher informed the school headmaster.

The day after the party, the headmaster called to the home of one of the boys and informed his parents their son was expelled. The parents of the second boy were informed of the expulsion by telephone.

The parents said they were unaware of a school rule which stated that pupils found using illegal drugs in whatever circumstances would be expelled and, while not condoning the use of cannabis, would not support such a rule.

They had met the school headmaster and written to the board of governors in an effort to reverse the decision but the governors had upheld the expulsions.

The judge was told the school in question operated a policy of "zero tolerance" towards drugs and was standing over its decision to expel the boys.

In submissions, Mr Diarmaid Rossa Phelan, counsel for the boys, read guidelines from the Department of Education regarding a code of discipline and behaviour for schools. These stated that sanctions to reflect disapproval of students' behaviour should contain a degree of flexibility and that expulsion should be resorted to only in the most extreme circumstances, after other sanctions and efforts at rehabilitation were exhausted.

He said the penalty imposed on the boys was "savage". They were expelled even before they had a chance to confirm they did have the cannabis or were even spoken to.