Pubdate: Sun, 14 Oct 2001
Source: New Zealand Herald (New Zealand)
Copyright: 2001 New Zealand Herald
Contact:  http://www.nzherald.co.nz/
Details: http://www.mapinc.org/media/300
Author: Tony Wall

JUDGE ORDERS COLLEGE TO TAKE BACK DOPE SMOKER

A High Court judge has ordered Northcote College to reinstate a special 
needs student who was expelled after telling the principal he had smoked 
cannabis at a shopping mall after school.

The college is unrepentant, insisting it had the jurisdiction to expel the 
first-time offender despite the incident's happening outside school hours 
and while the boy was only partially clad in school uniform.

Principal Ted Benton yesterday called the decision a "sad day for New 
Zealand" and vowed to continue his hard line on drugs.

"I'd do the same again tomorrow. We've got to draw the line somewhere.

"If the rest of society wants to go soft, I can tell you that secondary 
schools are not going to," he told the Weekend Herald.

In the High Court at Auckland yesterday, Justice David Baragwanath quashed 
the board of trustees' March expulsion decision and ordered that the 
fifth-former be able to resume his schooling immediately and that the 
trustees pay his $7495 legal bill.

The 16-year-old's family had received legal aid and were represented by a 
Queen's Counsel, Dr Rodney Harrison.

Justice Baragwanath suppressed the boy's name.

Although he did not rule the expulsion unlawful, he said at a previous 
hearing that he was "deeply concerned" at what appeared to be a breach of 
the Education Act requirement that principals try to arrange alternative 
schooling for excluded students.

The boy, 15 at the time but with the intellectual capacity of an 
11-year-old, smoked cannabis with two friends in the carpark of the 
Birkenhead shops about 5.30 pm on March 21.

He was wearing the school's blue trousers but his top was not school-issue.

The next day two third-formers were caught smoking cannabis in the school 
and because the boy was seen nearby, he was called into Mr Benton's office 
for questioning.

Although he was not involved, he voluntarily admitted to Mr Benton the 
previous day's incident. He was suspended and, after a hearing before the 
board of trustees' disciplinary subcommittee, expelled from the school.

The two third-formers were reinstated.

The Weekend Herald has learned that Mr Benton had initially recommended to 
the subcommittee that the boy be given a second chance and be allowed to 
return to school.

But the principal said yesterday that he fully supported the board's 
decision and was against allowing the boy back.

Now that the High Court had ordered the boy's return, he would get a "fresh 
start".

Mr Benton said the school had decided not to defend itself in court for 
monetary reasons.

He said the two third-formers were reinstated because school policy allowed 
junior students who were first offenders to return to school as long as 
they returned clear drug tests and underwent counselling.

Dr Harrison said yesterday that he did not understand why Mr Benton was 
taking his tough line when he had earlier recommended that the boy be given 
a second chance.

"Drugs in schools is not the issue in this case. The issue is whether the 
college had correctly followed mandatory legal procedures."

A spokesman for the Schools Trustees Association, Chris France, said the 
case showed that school boards had to be extremely careful that 
disciplinary cases were handled correctly to prevent legal action being taken.
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MAP posted-by: Larry Stevens