DRUGS PARTY SCHOOLBOYS IN CHALLENGE TO EXPULSIONS

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 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 years of age and the other came 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, became aware of their having
cannabis, and later informed the headmaster.

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

In affidavits, the boys' parents said they were stunned and angry at the
decision to expel their sons, particularly as both were preparing to sit
their Leaving Certificate.

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 headmaster and written to the board of
governors in a bid to reverse the decision. 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 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.

To overturn the expulsions would negate 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.

Counsel for the boys said the penalty imposed on them was ``savage''.
Michael Howard BL, for the school, said the school rule was read clearly on
several occasions before pupils. The school was very apprehensive about the
influence on others of pupils taking drugs.

The school was not denying it did not interview the boys involved before
deciding on expulsion. It had relied on information provided by a teacher,
and was satisfied this information merited the expulsions.

Mr Justice Kearns said he had to decide whether the headmaster in expelling
the boys had acted lawfully.