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New Zealand: School did not accept remorse of dope-smoking German students
Stuff.co.nz Monday 23 May 2016 The German teenager thought he may even have blacked out during the hearing at Tauranga Boys' College in 2014, a High Court judge in Wellington has been told. A lawyer assisting the court, Jason McHerron, said the boy cried his way through the school board hearing. A perceived lack of remorse was held against the boy, and another, who were both removed from the school. One more of the five German students alleged to have smoked cannabis left before formal proceedings ended. Two boys whom the board believed had a different attitude were allowed to stay. The way the school dealt with the boys was criticised in a report from the International Education Appeal Authority, which has not yet been published. The authority thought all the boys deeply regretted their actions and wanted to return to the school, McHerron said. The school has gone to court to challenge the authority's report in several respects. The case is believed to be the first one concerning the way a school has dealt with an international student accused of misconduct. A lawyer for the college said the process went astray in 2014 when the International Education Appeal Authority became involved. The boys – whose smoking was all done after school hours, and away from the college – were not dealt with under normal disciplinary rules, lawyer Jessica Dickson told the court. The school had a contract with their parents, and the school acted under that contract. McHerron said he could not find any evidence supporting the submission that the board of trustees terminated the contracts with the boys' families. The board now appeared to concede that the process it followed was unlawful, McHerron said. International students enrolled at state schools such as Tauranga Boys had to be treated the same as domestic students. The court heard the authority's decision included making directions about giving refunds, and removing the expulsion and exclusion decisions from the school's record. One of the school's challenges is over a decision that the boys should have been interviewed with the chance to have a lawyer present. Justice Rebecca Ellis expressed surprise that the school thought one boy, who did not speak English well and whose position was at risk, should not have a lawyer to advise him. The judge said there were some "reasonably fundamental human rights" involved, not just the right to education, but also touching upon immigration issues. She reserved her decision. http://www.stuff.co.nz/national/education/80271659/challenge-to-process-used-for-dopesmoking-german-college-students
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