SUMMARIES OF SELECTED CASES
Firstly, the Ombudsman looked into the question of the legal basis for the study
and house rules. Though the Ombudsman found it doubtful whether the rules
of the boarding school could be issued under the authority of the written rules
on the establishment of study and house rules, he also found that house rules
for the boarding school itself could be established based on its institution status,
meaning a public institution’s authority to establish such rules as are necessary for the institution to function. In other words, the Ombudsman was of
the opinion that house rules could be established which applied for the boarders when they were inside the boarding school’s perimeters, also during their
leisure time, and when they were outside this area in contexts related to the
boarding school.
The Ombudsman then considered whether the house rules could also be applied
to students’ behaviour during their leisure time. In this context, the Ombudsman found that, without a clear statutory authority, it was unwarranted that the
student was expelled as a result of behaviour during his leisure time and without evidence that he had been (visibly) drug-affected when he returned to the
boarding school or that he had smoked cannabis in a context in which he was
identified with the day or boarding school. Based on these circumstances, the
Ombudsman found that it could not be established that the student’s leisuretime behaviour had had such an impact on the day or boarding school’s functioning that it could warrant expulsion.
Lastly, the Ombudsman was of the opinion that the Ministry of Education
had to provide specific statutory authority if the Ministry found that also the
boarding school should be covered by the written rules on the establishment of
study and house rules, or if, both in relation to the day school and the boarding
school, it should be possible to apply sanctions as a result of the behaviour of
students outside school hours and outside the perimeters of the day and boarding
school.
145
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents