ASJA to appeal court ruling in case brought by student

ASJA says it will appeal a court ruling in a case brought by a student over disciplinary action taken at one of its schools.

The student was caught cheating in an exam last year, with the school subsequently giving her zero marks for that exam and all other subjects.

Legal action was taken, with the High Court recently ruling in favour of the student.

In a statement, ASJA maintains that the day to day management of schools lies with principals and staff members, as permitted by the Education Act and the National Schools Code of Conduct (NSCC).

It also raises concerns about the precedent to be set, saying if the courts were to intervene in everyday decision making by school administrators, “all schools will become unmanageable and controlled by the views of every disgruntled parent.”

The student’s father, Ashmead Ali, has since responded to ASJA’s statement, in particular its inclusion of his daughter’s name.

Mr Ali says this was done without regard for her rights or emotional well being, and vowed to “pursue this matter with all relevant authorities”.

He also insists that his legal action was meant to challenge “draconian policy” that he believes goes against the spirit and letter of the Education Act and NSCC.

Additionally, Mr Ali disagrees with ASJA’s belief that the case will affect a school’s ability to implement disciplinary measures, saying “… schools retain such rights subject to adherence to the laws of the land.”