The correspondent has the following issues to post in a law firm with regard to a case in a school where one of the students violated some school rules that prompted to her arrest. She was caught because she violated the following school rules:
Upon analysis of the situation, the four legal issues can be ranked as follows : One, she came to the school under the influence of drugs…
Come to think of it, all results to its inclusion and not exclusion of cocaine as evidence to her case.
Apart from academic deficiency, the violation of school rules is another ground for denying a student's re-admission, his right to stay in school until he graduates not withstanding. Prof. Jacinto D. Jimenez explained-
The objective of every institution is to search for the truth, to preserve the truth and to communicate the truth. The proper education atmosphere is necessary for the attainment of this goal. The disruption of the proper academic environment hinde4rs the accomplishment of the mission of every school. Because of this a school has the inherent authority and duty to preserve order and to discipline students. When a student has proven himself morally unfit to participate in the search for the truth, the school may impose upon him the extreme penalty of expulsion.
The investigating committee or official designated by the school authorities to hear and decide the case must base the decision only on evidence or testimony presented and heard by both parties. The decision should not be predicated on matters not presented to the parties particularly the respondent-student or else this would constitute a denial of due process since the student did not have the chance the allegations made.. In the case of De Jesus vs. Penberthy, a school decision to impose the penalty of expulsion was overturned by the court because the school board considered evidence on a charge which was different from ...
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