SCHOOLS KEEP POWER TO EXPEL POT-SMOKERS

Schools can still expel students for drug-taking, despite the High Court
ruling which resulted in two Leaving Certificate students being readmitted
to a private school after being caught smoking cannabis.

Mr Justice Nicholas Kearns ruled that the Dublin school which, like the
boys involved, cannot be named, was wrong to automatically expel the boys
without hearing submissions on their behalf. But he ruled that the school's
"zero tolerance" approach to drugs was reasonable as any slippage of
discipline could have a damaging effect.

The High Court heard the boys had been seen by a teacher smoking cannabis
at a private party in a pub last October. The headmaster was informed and
called to the home of one set of parents the following day to inform them
their son was expelled. He informed the parents of the second boy by phone.

The boys admitted smoking cannabis and wrote letters to the school
expressing remorse. Their parents met the headmaster and made
representations to the board of governors but the expulsions were upheld.

The families then took a High Court action seeking to have the expulsions
overturned, with the their lawyers arguing that the school's action was
"savage".

Their lawyers produced Department of Education guidelines that stated
expulsions should only be used as a last resort after other sanctions and
attempts at rehabilitation had failed. It was argued that as nearly 40pc of
Irish 16-year-olds have smoked cannabis, its use should not be seen as a
very serious matter.

The parents also said they had been unaware of the school's rule that any
pupils caught using illegal drugs in any circumstances would be expelled.

Mr Justice Kearns ruled that Department guidelines did not apply to a
private school. He said that although the way the pupils had been expelled
was unfair, the school would still be entitled to issue expulsions after
hearing submissions on their behalf. But he ruled that automatic expulsions
could only be justified in exceptional circumstances such as a risk to life
or property.

Mr Justice Kearns then adjourned the case to allow discussions between the
parties but lawyers came back to court saying the issue had proved to be
"extremely divisive" for the board of governors.

Last Friday, following another adjournment, the governors agreed to readmit
the boys on January 10 - which effectively means a three-month suspension.

According to a statement read to the court on behalf of the school, the
boys' re-admittance would be under "stringent conditions which are
consistent with the strong anti-drug stance for the school".

The statement said the boys had accepted that the school was right to expel
them and added that the pupils acknowledge that such behaviour is the
antithesis of what is expected of a pupil attending the school and they
apologise for their actions''.

The case was then struck out with each side liable for its own legal costs.