College caned over expulsions

A judicial review of a Tauranga Boys' College decision to expel three German exchange students for smoking cannabis in their own time and outside school, confirms the college acted illegally.

In Justice Rebecca Ellis' review released on Friday, she ordered name suppression of the three students and their family members.


A judicial review has found that Tauranga Boys' College acted illegally in expelling three German exchange students.

One of the students was aged only 15 when, in 2014, three exchange students and two others smoked cannabis in Graham Park.

The judicial review confirms the college acted unlawfully in expelling the students – and contracts between the college and students' parents did not over write the Education Act 1989, or give the college any right to terminate the contacts on grounds inconsistent with the Act.

Once foreign students are enrolled in a New Zealand school, they can only be expelled under the provisions of the Education Act – or for not paying fees.

Otherwise they have the same right to remain enrolled and to tuition as any New Zealand student.

To suspend or expel a student, a principal must be satisfied on reasonable grounds the student's gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school, or because a student or other students at the school may be harmed if the student is not stood down or suspended. Also the gross misconduct must happen at school when the school is responsible for the student.

Under the contracts with the boys' parents, the college claimed it could expel the boys. They were required to ‘abide by the laws of New Zealand, and there was a clause; ‘never use drugs of any kind not prescribed by a doctor'.

The contracts only had space for the student to sign, not the parents. They don't comply with the International Education Appeal Authority code requiring all agreements with international students under 18, to be signed by their parents.

Justice Ellis says completed copies of the contracts were not produced.

The three students and two others from Tauranga Boys' College met at Graham Park on March 7, 2014, and smoked cannabis.

None of them were in uniform, they weren't seen by any member of the public. No complaint was received by Tauranga Boys' College.

A week later the college's international director and homestay manager grilled one of the students for 45 minutes, apparently to find out why he didn't attend a family picnic the day before. Neither of the staff spoke German, and the boy's English was limited.

He was asked about smoking and asked/told if he was to be taken over the road to the medical centre for a drugs test, would it show cannabis, and he said ‘yes'.

The IEAA says the college should have had a support person and translator present for the student, and there should have been concrete evidence before the boy was threatened with a drugs test in an interview it described as ‘overbearing and unfair'.

The boy was outside the college's jurisdiction when the incident occurred, says the IEAA.

Principal Robert Mangan was told about the incident. He then interviewed the boys and advised the parents he was considering terminating the contracts because the boys broke New Zealand law.

He gave them 24 hours to reply. The deadline was extended to the 21, 24, 26, of March then April 7, but the IEAA still considered the time impossibly short for the German parents.

The parents expressed concerns about the college's investigation and indicated they would be challenging it through the IEAA. They were filed March 17, 23 and 28.

Lawyers for the parents stated the IEAA investigation should take place before the school's investigation as the incident was outside school, they were not in uniform and there was no damage to the college's reputation.

They were concerned at the process being followed by the college, stating the consequences including deportation, were disproportionately serious to the behavior that occurred.

An IEAA member told the principal, the Education Act overrides the contract provisions. College lawyers told the parents the IEAA didn't have jurisdiction to determine if the contract had been breached.

On April 4, Robert wrote to the IEAA saying the school board of trustees considered it inappropriate to comment on the complaints to the IEAA before any final disciplinary decision was made.

On April 7, he informed the boys' parents the conduct was in breach of the international tuition contract, as well as being gross misconduct that is harmful or dangerous to other students.

On legal advice he was now accepting the Education Act was the authority.

The uncle of one of the boys lives in Tauranga and was invited to a meeting at the school on April 21, with the principal, deputy principal, board of trustees chair, and three lawyers.

Justice Ellis says from the notes of that meeting, it appears the lawyers led the meeting and focused on ‘whether to terminate'.

The uncle is recorded as saying 'the school's decision should be deferred until IEAA had investigated and that removing his nephew from school was out of proportion to the offending, but the college lawyers were at that stage claiming the issue was contractual and not under the Education Act”.

The IEAA investigation found Tauranga Boys' College had no authority to discipline the students, had not established any legal basis for terminating their tuition, and directed the refund of school fees and accommodation placement fees – which the college did not pay on account of the judicial review.

Justice Ellis upholds the IEAA decisions and ordered the college to pay up. She did say the college should have been allowed to comment on the IEAA report before the decision was finalised, because specific code breaches were not put to the college specifically. The IEAA report was confidential to the parties.

The uncle says the college willingly broke New Zealand law and must have spent $50 - $100k on legal fees for the legal action against lawyers of three sets of parents, dealings with the IEAA and the judicial review in the High Court.

'In fact, international students were treated so appallingly that the Human Rights commission indicated that they will re-investigate Tauranga Boys College,” says uncle.

'As for me, I am happy that the truth finally emerges.”

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24 comments

The truth ...

Posted on 29-06-2016 10:36 | By Crash test dummies

They puffed a bit of smoke, other students knowing they did so is an extremely bad example to have set to all other students, says that if you are from overseas you can do anything you like, yeah that's a good example.


Names

Posted on 29-06-2016 10:41 | By Kaimai

We know who the principal is - how about the names of the lawyers who acted for the school, who gave the school such advise to act upon that has led to this fiasco.


Education

Posted on 29-06-2016 12:25 | By Ladradog

" Neither of the staff spoke German, and the boy's English was limited." If the staff do not speak German, and one would assume that the teachers at the school only speak English and the boys English is limited, as stated, how are they being educated in the NZ system?


Students

Posted on 29-06-2016 13:12 | By Christopher Bennett

As an ex-student, I know for a FACT that there was boys on the grounds smoking weed during school hours. Why don't they stop fluffing around with ways to get money out of people and catch the real offenders instead of targeting the easy ones.


Unbelievable...

Posted on 29-06-2016 13:42 | By morepork

... that a contract had no space for the parents to sign? I agree with Kaimai that the lawyers are culpable here, both in the advice they gave and in not properly vetting the basic agreement/contract. If you have a clause forbidding the use of unprescribed drugs and then don't have that clause supported by parents agreeing to it, it shows a lack of due diligence.


As a TBC Old Boy...

Posted on 29-06-2016 13:57 | By morepork

... it is sad to see how badly this has been mishandled. Now, the College may be investigated by the Human Rights Commission. Many years ago, some friends and I were disciplined for a "bad action" that occurred outside school hours and out of uniform. (We played "chicken" and didn't stand up for the Queen during a movie performance at the Regent Theatre.) A lady in the audience, who lost her husband during the War, recognised that we were TBC students and complained to the College. Garth Sim required us to tell our parents and accept whatever punishment they decided was fair. There was no talk of lawyers, and no need for it. We all knew what we did was stupid and it didn't happen again. Sure, it wasn't criminal, but it shows a difference in attitude on the part of the College. TBC should be better than this.


In support of the school

Posted on 29-06-2016 21:15 | By Annalist

Imagine the outcry if the school had done nothing. We've got enough dopeheads in our country without importing kids to allegedly use cannabis. I'm pleased that Tga Boys acted strongly. Let's hope a government strong on law and order has the strength to change the law


International Mum

Posted on 29-06-2016 21:16 | By Mamma Bear

As a current Homestay mum and a mother of teenage boys, I am appalled at the ridicule directed at Tauranga Boys College. These International students are teenage boys and like all teenagers, try and push the boundaries. The rules (apart from the no drugs)include no alcohol, no driving , being home within certain times etc. Imagine the mayhem that would ensue if the students could live by their own rules as soon as school finished! If one of my children were half way around the world, I would want the security of knowing they weren't roaming free in a foreign country. These students and their parents know very well what the rules are before they come ( as do their agents). A sad day today for Tauranga Boys and possibly the destruction of international homestay programmes in NZ.


In Support of...

Posted on 29-06-2016 21:53 | By LVO

As host parents, to date our experience with the Director and staff of the TBC International Department has been second to none. They are always helpful, friendly and professional. They always have their students interest at heart and ensure all decisions made are in the best interest of their students. The international students feel safe and secure at TBC. The staff are available to be contacted 24/07


dopes

Posted on 30-06-2016 08:36 | By dumbkof2

the boys broke the law by smoking dope. prosicute them and send them home


Arrogant.

Posted on 30-06-2016 11:42 | By TinTin

The legal argument aside the arrogance of The College in dealing with this matter outside of the parameters of Natural Justice is an absolute disgrace. The alarming and consistent lack of adherence to what are basic rights is appalling for a Principal and College held in (alleged) high regard. Shame on you...


Intimidation, bullying, degrading

Posted on 30-06-2016 14:14 | By Uncle

Are you standing for this? My nephew was one who got expelled. He lived with me, his uncle as dedicated care giver. He loved TBC, was its top tennis player, enjoyed soccer, got merit in maths and physics NCEA, he is a non smoker. How did TBC treat him? First he was told he will get expelled if he carries on riding his motorbike to school, I protested, so he was taken off the tennis tournament. One pm he was kept after school until he wrote a confession that he took part a week earlier smoking dope (not in uniform, outside school hours, not seen by the public. He was told if you admit it nothing will happen only P. will be sent home. Otherwise we will take you to the police. I was not informed. After the 'confession' was obtained parents were informed kids get expelled


Intimidation, bullying, degrading

Posted on 30-06-2016 14:21 | By Uncle

continued: 24 hr notice was given to parents living in Germany, no details. He was then made to sit in a room by himself for 3 days because of Health and Safety reasons. It turned out TBC placed one of the German students in an environment were his host brother smoked dope on a daily basis. He thought this is normal in NZ and wanted to try it out, so he organised for 5 students to meet in a park after school hours. He also was expelled and there are records at the immigration department which can effect their future lives. Both boys parents have paid $10,000 to TBC for tuition. I am against drugs. The point is that my nephew is by law entitled to be protected by the education act. The school cannot send him home on a confession it forced onto him.


Intimidation, bullying, degrading

Posted on 30-06-2016 14:31 | By Uncle

continued: The times I went to the school apologising with my nephew. Everytime I went the number of layers doubled. Last I faced 3 lawyers. At a final meeting with BOT my nephew was in tears the whole way through. However, he was expelled for lack of remorse and not contributing to TBC. The student who learnt of drugs from his Kiwi Host family was also completely drunk at party arranged by TBC, aged 15. However, the worst treatment received a student who just arrived in Tauranga, hardly spoke English and was interrogated and threatened for 45 minutes. I was in a terrible state which made me physically cry, so I sent my nephew around to make sure he is ok, however he was not talking to anyone, not even to his friends. He had missed a family picnic which caused the interrogation


Intimidation, bullying, degrading

Posted on 30-06-2016 14:44 | By Uncle

part 3 This means school rules apply, he needs to be suspended by the education act and he has the right to be treated fairly. As dedicated caregiver it is my responsibility what my nephew does outside school, TBC is not the police. Again, there is nothing wrong with the school telling my nephew off, I am for it. But what is the educational value in bullying him and lying to him? He was trying his hardest to be doing well at school, just was hanging out one afternoon with his friends who came up with the idea. The NZ High Court states that the school acted illegally the way it did. By the way, I have met many home stay parents, all them trying treating the boys like their own kids, however I have also received letters of support


Intimidation, bullying, degrading

Posted on 30-06-2016 14:57 | By Uncle

continued, part4 Also everyone I have met from the international department are caring people apart from the director, who carries out the interrogation. Support letters I have received from host parents confirm this has been happening for years. The problem started when I protested that the director removed my nephew from NCEA after I had signed him up. I had an argument with her and he got signed on again. Then I requested that he will not be taken out of class for frequent international student meetings, which was initially refused and let to many meetings and emails. As a revenge he was taken off the tennis tournament, I have an email from Mr Mangan to say this was arranged so that my nephew can better concentrate on his NCEA. Again, TBC is a great school, but is this the KIWI way to treat people?


@ TinTin

Posted on 30-06-2016 15:27 | By Crash test dummies

Wake up and smell the roses ... take a look at the bigger picture, what this stupid legal based decision means is that a student breaking the law outside of the school yard is all ok and not a problem as a example, level of behavior and so on for all to see and follow as acceptable. Shame of the legally stupid, never mind behave at school and the rest of the time do whatever you like.


@ Uncle

Posted on 30-06-2016 15:37 | By Crash test dummies

It5 would seem that the proper way to deal with the issue of drug use is via family support groups. There has obviously been a bad decision by TBC, that aside the issue should have been passed across by TBC to International student people, clearly from your message here the director also carried out an illegal meeting and should be sacked. All students must have a parent or adult present for interviews so as to avoid a situation of bullying etc. All information obtained therefore must be illegally obtained and unusable. Then all decisions that follow are also without basis and can not use that information used. Yes, sounds like the lawyers for TBC have failed to advise correctly and so they need to get their cheque book out to put all right again.


@ JAFFA

Posted on 30-06-2016 19:06 | By TinTin

I'm sorry, but what the judicial commentary eludes to strongly within its content is that the Director Int Studies, Principal and BoT's (Chair) all acted in a manner that was unfair and against basic principles of (natural) justice. This is absolutely unacceptable. Heads should roll I agree but not only the Director Int Studies....... In terms of your point there is a completely different body that regulates society against it's rules and reg's - it is called The Police. Annette Roff, Robert Mangan & Geoff Morgan, shame on you.


Good riddance?

Posted on 30-06-2016 19:47 | By BullShtAlert

As far as I'm concerned good riddance to any kids that come here and get into drugs. People need to learn that actions have consequences and may as well learn that when young. Fortunate that they didn't go to an exchange school in certain countries that are even much tougher on drugs.


Police or school

Posted on 04-07-2016 08:12 | By Kenworthlogger

If somebody of school age is out of school doing something wrong the Police should be called not the school. Want to test this theory? Next time you get burgled by school age kids call the local school to come and arrest them and charge them with burglry. Anyone see a problem here?


@ Tintin

Posted on 04-07-2016 13:13 | By Crash test dummies

Sure and fair enough, however it appears that the entire issue arose from the one illegal issue, the interview, even the NZ Police have to have an adult present when interviewing a underage. That is all basics, so yes those involved in that interview x1 should be fired instantly, no doubt about that. The rest should have asked the obvious question, who was the adult sitting in on it? Obviously none, so this should just have been handed over to NZ Police to deal with as a drug possession problem.


Racism

Posted on 08-07-2016 23:29 | By Torte

Sure, nobody of the NZ TBC students ever smoked pot in their spare time haha. It still surprises me that some seriously suggest that if a student does smoke in his spare time once he/she should get expelled from TBC. I could provide a couple names immediatly. And I am sure that the principal and his team would find ways to extract a confession from these NZ student as well in order to expel them regardless of human rights and education law. Or shall these consequences only apply to intern. students who stay here with NZ relatives or host parents. If this is the case then it is obvious that racism is an issue here.


@ Torte

Posted on 11-07-2016 23:55 | By Crash test dummies

The overseas students signed an agreement that conduct in and out of the school grounds was the same thing as it should be. I see no reason why the same thing should not apply to NZ students also. I will ignore your sarcastic comment about confessions, as it is of no relevance to the fats of it all or anything for that matter.


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