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 Not Cool in School: Another unfair school expulsion

Your RightsAn 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.

The boy had only agreed to keep marijuana on the day for another student and was caught when staff smelt cannabis in his bag. He was devastated by the allegations, lost confidence, felt ostracised and scarred.

After a battle to clear his name by the boys family, the school apologised for being unfair to the boy and accepted that the original investigation was "invalid". The matter is still in the hands of lawyers. Read more below.

School offers pupil $10,000 over drug claim
Sunday Star Times, 31 August 2003
By RACHEL GRUNWELL


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 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.

Email rachel.grunwell@star-times.co.nz






 
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· Drug-testing
Links in this article:
· Sunday Star Times, 31 August 2003


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