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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 861
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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hello, My son was suspended from his private school due to

Customer Question

hello,
My son was suspended from his private school due to a fight he initiated, the cause of the fight was for a small amount of marijuana he had in his possession that belonged to his friend which this other kid stole of him. My son has tried weed for the first time the Saturday prior the this incident. the other kid has falsely accused my son of dealing and school "states to have other children statements" to my son being a regular user, in I am confident to be false. My son is a good student who is thriving in school and is closely monitored by both parents he is a health fanatic and loves and is very respectful at home. The school want to expel him and have several times made suggestions in relation to our nationality. This other kid openly admits to smoking outside school grounds, yet he has only been handed a slap on the hand. My son is been threaten with expulsion from school and the end of his trade.. his a year 11 boys with no related incidents can you please tell me do we have a case?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.


What is the school policy on this? If you are confident that the child is spreading lies there may be a case in defamation against that child.

What state are you in?

Have you had a meeting with the school? LIs your son prepared to have medical examination to ascertain if he is a regular user?
Customer: replied 1 year ago.

We live in Sydney west, my son attends a private catholic school and is currently in year 11. My son is open to examination. The school do no drugs and not fight policy, which I can understand yet my son is the only one been investigated.

Expert:  Leon replied 1 year ago.
Good Morning

Why it was your son involved in the fight, ended he instigated the fight?

The examination may alleviate the issue about the drugs, but if your son instigated the fight then he is against that policy which is going to be a problem.

The other issue is having possession of the drugs, whether they are he's or not may be a problem with the school policy.

Your son is going to have to be prepared to name the other children involved and the school is going to have to make sure that they properly investigate.

If they don't investigate then you may have an action against the school for discrimination.

These are all going to be very costly, both financially and emotionally on your son.

When is the meeting with the school to take place, do you have a copy of the policy and understand exactly what the wording says?
Customer: replied 1 year ago.

The kid whom my son was holding the drug for was not in school and told this kid of the item my son had, there's been tension between my son and this other kid. This kid starting spread that he took this from my son and started to shame him therefore my son approached him to fight.


 


My son has been open with the school and told them who he was holding the item for.


 


Do not have policy school policy wordings I have only been told this is what the policies are.


 


My son has devoted himself to the school and it's subjects he is more dishearten that this will be taken from him. My son started the year with academically probation to show his dedication to the profession which was lifted based on his hard work. We as a family took a 6 week holiday and religiously my son studied every night that's how much this means to him.


 


the appointment is today

Expert:  Leon replied 1 year ago.
Good Morning

Why didn't your son did something by going to the teachers rather than starting the fight?

This is the problem your son is facing. If there is no fight policy and your son instigated the fight, with or without cause, he may not have any right of appeal to the suspension.

You need to look at the wording of the actual policy to determine whether there is anything that can be done about the suspension.

You need to ask the school for the policy before you go to any meeting.

I would also suggest that before you go to the meeting, you speak to a solicitor and get more detailed advice about your son's rights under the general law and also about defamation and intimidation.

I would suggest that the meeting today or you call the school before the meeting and asked for it to be adjourned to a date that is more suitable.

When did all of this actually occur?
Customer: replied 1 year ago.
I have asked my son several times why he did not tell the teacher before he did what he did.

Would these be acceptable grounds for my sons school position be terminated?
Expert:  Leon replied 1 year ago.
Good Morning

I cannot comment on whether the grounds are acceptable or not without seeing the actual policy.

If the policy says that if you start a fight or are involved in the fight it is instant termination then they only need to rely on the fight to terminate your son that they should also terminate the other boy.

If the policy says the instigator will be terminated nobody else then they can only terminate your son.

It is all based on the policy and you need to get a copy of it before you go to any meeting to discuss any issues.

I would suggest you contact the school and reschedule the appointment your son is to stay at home until the next appointment and asked the school for a copy of the policy they are relying on.

Does your son knwo what the policy says?

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