Expelled Pallotti student gets injunction to return to class…
City Hall and Tower Hill aren’t the only places where controversy is brewing. Word reaching News Five is that, in an unprecedented move, a student’s family has taken the administration of the all-girls Pallotti High School to court. The matter began in December when a fourth form student was expelled from the school for breaking a rule which pertains to spiritual life. Unhappy with the administration’s decision, the teen’s parents hired a lawyer and took the matter the court. On Tuesday, they filed for and received an injunction so that the student can go back to school. Reports to News Five are that teachers at the institution were unhappy with that decision and were threatening to strike should she return, but we have been unable to substantiate that claim and were informed by the Principal that she cannot speak on the matter because it is before the court. According to attorney Audrey Matura-Shepherd, who is representing the girl, the family is intending to go even further and file a civil lawsuit against the school. Although she declined to speak on that specific case, Matura-Shepherd says there are many educational institutions which implement rules and expulsion procedures that are unconstitutional.
Audrey Matura- Shepherd, Attorney
“School rules should go in accordance with the Education Act and the rules made under that act, but many of the rules are unconstitutional and there are certain parts of rules under the education act themselves that are unconstitutional. So what we find ourselves in is a situation where students break these rules at school and they are expelled or punished in some form or fashion by the school. But many times when the cases reach an office of an attorney it’s because not only the rules are unconstitutional, but many times the process which is used to determine if there was a breaking of the rules in itself is illegal and unconstitutional. For example, if your child is told that you should not be going to a nightclub, for argument sake, and the school has an accusation that the person went to a nightclub, instead of calling that person before a disciplinary board with the parent present or calling them in front of a board of governors, directors; whatever you want to call it, to do what we call due process so that they explain themselves and prove to the contrary or even ask for leniency, the school doesn’t go through that process; they just expel them. So what we are saying is that can be reviewed through the courts, what we call judicial review. You are not questioning that they should have been expelled, we are questioning how you reached the decision to expel the person.”
“The very school I was dealing with again lately, they have a rule that says if they suspect a child is pregnant, they can take the child to a doctor of their choice and the child will be accompanied but two teachers—not the parents—and the parent is to pay the bill but cant be present. And if it is proven that the child is pregnant, that child will be expelled immediately. But if the child refuses, that by itself constitutes a ground to be expelled immediately. Now that is totally unconstitutional. The constitution protects the right to privacy so they have to respect that person’s privacy.”
Kendra Griffith
“Even though the school rules says that…”
Audrey Matura-Shepherd
“Even though the school rules—all laws are subject to the constitution. The constitution is the supreme law. That is our rule of law; that the constitution super cedes all other law and any law that is contrary to the constitution is null and void.”
Matura-Shepherd has fourteen days in which to lodge the constitutional claim. The Ministry of Education as well as the Belize National Teacher’s Union are also paying keen attention to the matter.
