Pubdate: Sun, 31 Aug 2003
Source: Sunday Star-Times (New Zealand)
Copyright: 2003 Sunday Star-Times
Contact:  http://www.sundaystartimes.co.nz
Details: http://www.mapinc.org/media/1064
Author: Rachel Grunwell
Bookmark: http://www.mapinc.org/areas/New+Zealand (New Zealand)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SCHOOL OFFERS PUPIL $10,000 OVER DRUG CLAIM 

An intermediate school has secretly offered a 12-year-old boy and his
family more than $10,000 compensation after accusing him of smoking
and supplying cannabis during school time and subsequently expelling
him.

A source said the boy and his family had been devastated by the
allegations made by Auckland's Hibiscus Coast Intermediate school.

The boy had lost confidence, felt ostracised and believed word was out
in the community he was a drug seller.

"He was scarred by the allegations and being labelled a drug dealer
has humiliated the family," said the source.

"The family feel there was a siege mentality by the school to get rid
of this kid and make an example of him."

However, school principal Carl Becker said the school treated the boy
absolutely fairly and justly. He was expelled following "a very fair
and just process".

"The board made a decision based on evidence from a range of
sources.

"The evidence was robust. That's all I can really say," said
Becker.

Board chairwoman Trish Webster said: "I'm happy with the way the
school handled the situation."

When asked why the school recently offered the boy compensation,
Becker said: "I'm not prepared to comment on that. It would be
inappropriate. Only my lawyer would comment on that."

He would not comment further without seeking legal advice and Webster
also said she could say nothing more as the matter was ongoing.

It is understood the board has apologised to the family for any hurt
it caused to the boy and offered between $10,000 and $20,000
compensation since expelling him in December.

The family could not be reached for comment. But it is understood they
have been so aggrieved about what happened they refused to take the
cash settlement and may take a civil court case against the school.

Becker said it would be unfortunate for the boy if the case went to
court.

It is understood the family is claiming the school breached the boy's
rights under the Bill of Rights Act.

The boy missed only a few weeks of school at the end of last year
following the accusations. He is now at high school and has just turned 13.

It is understood the boy was suspended in November after a school
staff member alleged they smelt cannabis on his school bag.

In December, the board held a meeting and after considering the
evidence, the boy was expelled, stating he had sold drugs in school
grounds in school time and was a danger to other pupils. The school
told the family it had to provide a safe environment for students.

However, part of the alleged evidence was that the boy possessed a
pipe for smoking cannabis. This was found later not to be the case.

The school also allegedly breached the boy's rights by not asking him
if they could search his school bag.

No money was found on the boy - despite an allegation he sold
marijuana that morning.

It is believed the boy's only error of judgement was agreeing to keep
marijuana on the day for another student, which was confirmed by the
other pupil.

The family was also believed to be upset there was a disparity of
treatment between other alleged offending students as the boy was the
only one to be expelled.

In May, it is understood the school apologised for being unfair to the
boy and accepted it carried out an invalid investigation.

Both sides have since been unable to resolve the fallout.
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MAP posted-by: Larry Seguin