Dean Winchester
12-07-2007, 05:24 PM
'Masturbating' boy can't return to school
By Amy Coopes
December 07, 2007 03:22pm
A SYDNEY schoolboy has failed in a legal bid to return to the school which expelled him for pretending to masturbate in class.
Charles Bird was expelled from Campbelltown's Broughton Anglican College in March after making gestures of masturbation in a personal development, health and physical education class.
The 15-year-old was allegedly seen "grabbing his crotch, rubbing his nipples and rolling his eyes" while the class was listening to rap music.
Students had brought in music which they believed related to ideas of overcoming adversity.
The first song, I Wanna Love You, by Akon featuring Snoop Dogg, contained explicit lyrics and adult themes which allegedly prompted Charles and another classmate to make masturbatory gestures.
Charles initially admitted making lewd signals, but changed his story when the school called his mother, protesting instead that he had been imitating an opera singer.
Both boys were given detention but the headmaster determined Charles should be expelled, having been suspended twice previously for bad behaviour.
He was readmitted to the school on probation after a previous suspension for being caught in the girls' room at 3am on a school excursion to Canberra, and had been back at school just one day when he was caught making the gestures.
Justice Clifford Einstein today dismissed his application for damages and an injunction forcing the college to readmit him.
The judge ruled that the school had not breached its contract with the Birds, nor was there evidence Charles had been denied natural justice.
"It could not be said that (the headmaster)'s decision was so aberrant that it could not be classed as rational," Justice Einstein said.
"(He) was entitled to exclude (Charles)... he considered the conduct of (Charles) was a serious breach of school rules and his conduct was prejudicial to the college."
Even if a breach of contract had been established, the judge said Charles would only have been entitled to damages, and not a ruling that the school allow him to return.
Since his expulsion, Charles has enrolled in another private school, completed the School Certificate and begun preparations for his HSC.
By Amy Coopes
December 07, 2007 03:22pm
A SYDNEY schoolboy has failed in a legal bid to return to the school which expelled him for pretending to masturbate in class.
Charles Bird was expelled from Campbelltown's Broughton Anglican College in March after making gestures of masturbation in a personal development, health and physical education class.
The 15-year-old was allegedly seen "grabbing his crotch, rubbing his nipples and rolling his eyes" while the class was listening to rap music.
Students had brought in music which they believed related to ideas of overcoming adversity.
The first song, I Wanna Love You, by Akon featuring Snoop Dogg, contained explicit lyrics and adult themes which allegedly prompted Charles and another classmate to make masturbatory gestures.
Charles initially admitted making lewd signals, but changed his story when the school called his mother, protesting instead that he had been imitating an opera singer.
Both boys were given detention but the headmaster determined Charles should be expelled, having been suspended twice previously for bad behaviour.
He was readmitted to the school on probation after a previous suspension for being caught in the girls' room at 3am on a school excursion to Canberra, and had been back at school just one day when he was caught making the gestures.
Justice Clifford Einstein today dismissed his application for damages and an injunction forcing the college to readmit him.
The judge ruled that the school had not breached its contract with the Birds, nor was there evidence Charles had been denied natural justice.
"It could not be said that (the headmaster)'s decision was so aberrant that it could not be classed as rational," Justice Einstein said.
"(He) was entitled to exclude (Charles)... he considered the conduct of (Charles) was a serious breach of school rules and his conduct was prejudicial to the college."
Even if a breach of contract had been established, the judge said Charles would only have been entitled to damages, and not a ruling that the school allow him to return.
Since his expulsion, Charles has enrolled in another private school, completed the School Certificate and begun preparations for his HSC.