High Court to rule on application by Leaving Cert students facing expulsion

High Court to rule on application by Leaving Cert students facing expulsion
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The High Court will rule tomorrow on an application by two Leaving Cert students facing expulsion for videoing and posting on social media a classmate snorting some white powder during a class.

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

Following an investigation of the incident the two teens, who cannot be identified for legal reasons, were informed that the school's board of management had made "a preliminary decision" that they should be excluded.

The board found the students had behaved in a manner that posed a serious threat to the good order and discipline of the school. The board's final decision on their futures at the school is scheduled to take place on Friday.

The students have brought proceedings against the school aimed at quashing a decision they say is in breach of fair procedures and their rights to an education.

As part of the actions, Mr Justice Max Barrett today heard the students' application for injunctions allowing them to return to school pending the outcome of their actions.

The board of management represented by Feichin McDonagh SC said there were no grounds in the students' claims that give the court the jurisdiction to make an order lifting their suspensions.

It also argued that the students' action was premature.

Barney Quirke SC for one of the students told the court that the school's decision was "flawed and could never be upheld."

He said that at this stage his client wanted to get on with the processes that arising out of the board's findings fairly, but that his client "needs to be in school" until matters have been concluded.

Derek Shortall Bl for the second student said his client also wants to see out the processes but was being "penalised for doing the right thing." because of the time it takes to go through any process including a potential appeal.

Counsel said that unless his student was allowed back into school his year was "kaput" because of the time it would take to go through the various processes to challenge the board's decision.

Following the conclusion of submissions from all the parties the Judge said he was reserving his decision on the injunction applications and would give his ruling on Wednesday.

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