BY SAM ALFAN .
A grade 9 pupil has sued an international school following her expulsion after altercation with a fellow student at the institution.
The pupil who says she is a victim of continuous bullying has sued Brookhurst International School wants the court to cancel the expulsion and order for her re-admission.
The minor claims that the school Board expelled her illegally without any cogent reasons and thereby violated her constitutional rights given the allegations had not been proved.
She further argues that she was not accorded a hearing in the manner benefiting the rights and best interest of the minor student.
Through her father, the student adds that she was subjected to torture and inhuman degrading treatment and her dignity and respect were not protected pursuant to Article 25 and 28 of the constitution.
According to the court documents, the minor has been a bonafide student of the Brookhurst’s School since August 2023 or thereabout admitted in grade 8 and at all material times the Minor has remained a diligent and obedient student and no disciplinary case whatsoever has been registered against her or brought to the attention of her parents for the period she has been with the Brookhurst’s School.
On 14th November 2023 Board of Management Brookhurst International School and executive Principal Brookhurst International School made a decision to expel the minor on account of various infractions amongst them engagement in a physical altercation with a fellow student in the school hall.
She adds that prior to this incident, she was a victim of continuous bullying and harassment from one particular student and had reported the same to the school authorities.
However, no action was taken and on this particular day, the minor was allegedly confronted by the same bully and had to spontaneously defend herself which led to the physical altercation.
She adds that till this incident the minor has generally remained an obedient student save for minor transgressions universal with kids her age which the parents with help of the school authorities have committed to address through a competent counselor and ongoing monitoring.
“In light of the physical altercations of the said bully was given a lighter punishment of suspension whereas the minor herein who was the victim in this case has been expelled,” she told the court.
Court documents indicate that neither the minor nor her parents were given a chance to explain themselves against the new accusations introduced against her post signing the commitment letter after the disciplinary meeting.
She said the Board expelled the Minor illegally and without any cogent reasons and thereby violating her constitutional rights given the new allegations had not been proved, as she was not accorded a hearing in the manner befitting the rights and best interest of the minor student.
The minor was subjected to torture and inhuman degrading treatment and her dignity and respect were not protected pursuant to Article 25 and 28 of the Constitution and despite the Minor’s parents’ effort to plead with the 1 and 2nd Respondents to give them and the minor a hearing without being condemned unheard, the school have neglected/ refused to hear the applicant’s pleas.
The Minor’s parents have committed to be keener in monitoring the minor in continuous consultation with her teachers and a professional counsellor but the Board and Principal have failed to hear none of it against the Minor’s constitutional rights.
“It is in the interest of justice and the child’s welfare that the school be compelled to revoke the expulsion letter and unconditionally readmit the minor back to School,” says the minor.
