TWO YOUTHS FIGHT SCHOOL DECISION TO EXPEL THEM

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 next Thursday 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. One of the boys had been at the
school since he was four and the other came during last summer. The court
heard that 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.

In affidavits, the parents of the boys said they were stunned and angry at
the decision to expel their sons particularly as both were preparing to sit
their Leaving Certificate. They said the school put a high premium on
honesty and both boys had admitted having the cannabis for their own use,
expressed remorse for this and said they would never again use illicit drugs.

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 with the school headmaster and written to the
board of governors in a bid to reverse the decision but the board of
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 affidavits, the school headmaster said it had been made clear at school
assemblies and in class that use of illicit drugs would not be tolerated by
the school. There was also a school rule to that effect. The headmaster
said the expulsions were warranted by the boys' admitted misconduct and
noted that possession of cannabis was a criminal offence. To overturn the
expulsions would negative the school's strict anti drugs policy, send a
message to other pupils that it was soft on drugs and tarnish the school's
reputation, the headmaster said. In another affidavit from a psychologist,
it was claimed that studies indicated that some 37% of 16 year olds in
Ireland had smoked cannabis.

In submissions, 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 contained 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 even spoken to.

Mr Justice Kearns observed that the Departmental rules did not apply to
this school; it was a private school which had devised its own rules. He
had to decide whether the headmaster in expelling the boys had acted
lawfully. If the headmaster had immediately suspended the boys there could
be no quarrel; he was concerned with the decision to expel them.