Wednesday 23 October 2019

Two students expelled over 'sugar-snorting' video remain in school

(Stock picture)
(Stock picture)

Tim Healy

Two Leaving Cert students have been formally expelled from school for posting a video on social media of a classmate snorting some white powder during a class.

However, they remain in school on foot of High Court orders, pending an appeal by the school board of management.

Details of the incident, which involved the snorting of sugar by the other pupil, were published in an Irish daily newspaper.

The two students have themselves appealed the expulsion decision to the Department of Education, which has appointed an independent three-person committee under Section 29 of the 1998 Education Act (known as a Section 29 Committee). That appeal is due to be heard in January.

Last month the students, who cannot be identified for legal reasons, secured High Court injunctions against the school board, allowing them to return to continue their education for the present academic year, pending the full and final determination of their proceedings.

The school has appealed the decision by Mr Justice Max Barrett to grant the injunction.

At a callover of cases in the Court of Appeal yesterday, Ms Justice Irvine, noting that the students' Section 29 appeal is pending, accepted submissions by Joe Jeffers BL, for the school board, that the appeal of the injunction was urgent.

She also noted submissions by Derek Shortall BL and Andrew Whelan BL for the students that the findings of the Section 29 committee may render the Court of Appeal action pointless.

That committee is due to consider the appeal sometime between January 9 and 21, the court heard. The judge listed the appeal over the injunction for March 28.

Irish Independent

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