The boy had not been accused of any breach of school rules before his expulsion and had been praised as a model student.
A Catholic boys’ school that expelled a blameless year 7 student who had allegedly been seriously bullied by an older classmate will claim it did so because his parents breached the school’s parent code of conduct, which they agreed to obey by ticking a box on an automated email.
The parents are suing Kuppe, who has since resigned as Parade principal, and the trustees of Edmund Rice Education Australia, the school’s governing body, alleging they breached their duty of care to the boy, and that his expulsion was invalid. The parents are also seeking damages and costs. “We had to look through various email databases in order to establish that the plaintiffs agreed expressly, by the ticking of a particular box in an automatic email communication, that they undertook to agree by a particular code of conduct,” barrister Daniel Bongiorno, acting for the school, told the hearing.The parents have claimed in court documents that they were never explicitly made aware they would have to sign a parental code of conduct.
The school alleges the parents’ multiple breaches included “bullying or harassing a student; intimidating, undermining, threatening, bullying or harassing staff; acting in a manner that places a student at risk of harm; [and] failing to speak to, and communicate with, staff, contractors and volunteers with courtesy and respect”.
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