Pubdate: Mon, 11 Mar 2013 Source: Mississauga News (CN ON) Copyright: The Mississauga News 2013 Contact: http://www.mississauga.com/ Details: http://www.mapinc.org/media/268 Page; Front Page APPLEBY COLLEGE DETERMINED TO EXPEL POT-SMOKING STUDENT OAKVILLE - The fight over a private school's decision to expel a student who smoked marijuana on campus on the last night of his graduation year is moving to the Ontario Court of Appeal. On Friday, a panel of three judges granted Appleby College's bid for the right to appeal a divisional court ruling that quashed the expulsion of student Gautam Setia. The appeal court did not provide reasons. Appleby, a private international boarding school, had effectively expelled Setia in June 2010 for allegedly lighting up a bong with marijuana and then smoking it in a friend's dormitory room as they celebrated the end of Grade 12. His family sought a judicial review to get the prestigious Appleby diploma and cancel the expulsion. In a majority decision last November, a divisional court didn't order Appleby to give the diploma but said the school should reconsider it. The court also quashed the expulsion. The 102-year-old school, which has 725 students, filed a notice for leave to appeal on the grounds that the lower court erred by allowing a private school's disciplinary decision to be subject to judicial review. Appleby argued the question of whether decisions concerning administration and discipline by private schools are subject to judicial review is a matter of public interest and importance that will affect the development of jurisprudence. The legislature formed the private school in 1911 under a special act rather than under the Ontario Corporations Act. In their decision, the divisional court ruled that because of the special act, Appleby's decisions are an act of statutory power and are subject to judicial review. Setia, then 18, had attended the school since Grade 7 and posted good grades with no record of misconduct until the incident. Appleby did not give Setia's parents a formal hearing regarding the punishment to their son, who admitted to smoking but not lighting the bong. Under Appleby's rules, lighting a bong on school property would mean mandatory expulsion but the divisional court said there was no evidence he did that. Smoking marijuana gave the school's head a range of options, according to the court. In addition to expelling him, Appleby barred Setia from graduation ceremonies and his name did not appear in the list of graduates in the school's quarterly magazine. He still received his Ontario secondary school diploma. - - Torstar Network - --- MAP posted-by: Jay Bergstrom