27 June 2014

School Rules: Battison v. Melloy

Adolescence is a time for asserting independence and for testing boundaries. In a High Court challenge to rules governing hair length at St John’s College, Hastings, Justice Collins said the law requires school rules be clear and certain, be applied reasonably and if breached the penalty must match the offending.
St John’s College was told its suspension of sixteen year old student Lucan Battison for refusing to cut his hair shorter was unlawful because the School’s rules on hair were uncertain and the manner of his suspension was unreasonable.
The court was told Lucan has naturally curly hair.  School rules require hair to be off the collar and out of eyes.  Twice in March 2014, teachers demanded Lucan cut his hair shorter, against his wishes.  This issue became more contentious several months later, two weeks after the appointment of Mr Paul Melloy as the School’s new principal.  Evidence was given that Lucan’s hair had been much the same length for all the time he had been at the School.
Lucan was suspended by the headmaster for refusing to shorten his hair.  This suspension was confirmed by the School Board’s disciplinary committee.
Justice Collins said the Education Act allows schools to suspend students if the student’s  gross misconduct or continual disobedience is a harmful or dangerous example to other students.  A decision to suspend must be based on reasonable grounds.  This creates a high threshold for suspension, he said.
There was no evidence that Lucan’s hair length amounted to a harmful or dangerous example to other students.  The mere fact that a teacher demanded he cut his hair was not grounds alone for suspension.  The Board’s disciplinary committee did not comply with the Education Act, Justice Collins ruled.  It did not exercise independent judgment as to whether Lucan’s offer to wear his hair in a bun constituted compliance with the School’s hair rule.  The disciplinary committee simply endorsed the headmaster’s decision to suspend.  There was evidence that other schools in the Hawkes Bay region allowed pupils of both gender to wear their hair long, provided it was in a ponytail.
In any event, the punishment must fit the crime.  There must be a correlation between the offending and the punishment.  The degree of Lucan’s continued disobedience was not great enough to warrant suspension, Justice Collins said.
In conclusion, Justice Collins said St John’s hair rule was invalid on the grounds of uncertainty.  He contrasted the general wording in the School’s hair rule with the carefully prescribed rules governing dress standards and wearing of the School uniform.  All students and parents knew in advance of the School’s uniform requirements.  The hair rule was capable of different interpretations by students, parents, teachers, the principal and the Board.
Battison v. Melloy – High Court (27.06.14)
14.027