Pubdate: Sat, 24 May 2014 Source: Dominion Post, The (New Zealand) Copyright: 2014 The Dominion Post Contact: http://www.stuff.co.nz/dominion-post/ Details: http://www.mapinc.org/media/2550 Page: A16 DOPE-SMOKING STUDENT CAN'T CHALLENGE EXPULSION High Court Rules Against Boy's Bid A STUDENT who was expelled after being caught smoking dope during school hours, but not on school grounds, has lost his attempt to challenge the decision in the High Court. The Palmerston North Boys' High School student, then 16, was suspended and later expelled by the board of trustees' disciplinary committee in December. That prompted his mother to seek a judicial review of the decision. After being caught by police smoking marijuana with a group of other students, the pupil - who was dressed in uniform - was returned to school. At a disciplinary hearing he was suspended by rector David Bovey, despite the boy apologising and his mother explaining difficulties after the recent death of two family members and a young woman stalking the boy. The mother suggested her son not be suspended, but subjected to random drug-testing, but Bovey refused. The board then met to consider whether the boy could continue to attend the school, and decided that expulsion was the appropriate decision. During the High Court hearing the boy's lawyer, Toby Manktelow, argued that the suspension outcome was predetermined and the board had used unlawful processes and "inflexible policy". But in his decision issued yesterday, Judge Alan MacKenzie dismissed the application for judicial review, saying he was satisfied the board's decision was made appropriately. He ended his decision by noting that the boy was clearly a "young man with a promising future" and his conduct had been out of character. "I express the hope that he will be able to respond positively to this unfortunate setback, and to put it behind him so that it does not affect his future." The case closely follows a warning from school principals that parents were increasingly calling in lawyers over suspensions and turning disciplinary hearings into "mini High Court trials". Bovey said last night he was happy with the decision, which confirmed the school had followed the right processes. The boy, who has been attending the school pending the review outcome, would be leaving, but the timing was subject to discussions between lawyers. The boy's family did not respond to interview requests. - --- MAP posted-by: Jay Bergstrom