A student suspended by a secondary school for allegedly selling €20 of cannabis to a fellow pupil has lost his High Court challenge over a planned disciplinary hearing into the matter.
He said the student had a statutory right of appeal against any decision to permanently exclude him from the school under Section 29 of the Education Act. That appeal, heard by a three-person committee appointed by the Department of Education, takes the form of a full hearing on the merits, with the committee having the jurisdiction to make a determination on the issues raised.
It was claimed that in breach of fair procedures the principal had made findings of fact in relation to the allegations, which was something exclusively reserved for the school’s board of management. It was claimed that this gave rise to an apprehension that the board had prejudged the matter.
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