School's hair rule may be challenged

LEGAL BATTLE: Lucan Battison and his family lawyer Jol Bates won a High Court case against the old hair rule. PHOTO/FILE

A near-unanimous vote has parents at St John's College supporting the school's "new hair rule" following the Lucan Battison case, but the long-haired student's lawyer says it could be challenged in court.

On June 27 Justice David Collins ruled the suspension that kept the Year 12 student and 1st XV rugby player out of school for five weeks, was unlawful, and conditions imposed on the pupil's return to school were unreasonable.

The ruling followed a hearing in Wellington, based on an application by the teenager's father, Troy Battison, for a judicial review of the decision by the Hastings school's principal, Paul Melloy, and the board of trustees to suspend Lucan for breaching the school hair rules.

After "deliberately" waiting for "things to settle down in the papers", the ruling said, Mr Melloy had held a parental questionnaire on Thursday that gave parents an opportunity to vote on the proposed new hair rule. Two hundred and ten parents had gone to the evening, including Lucan's parents. "93.84 per cent were in full support for the school and the new hair rule ... I was guessing that we would have about 80 per cent support and I would have been delighted with that," Mr Melloy told Hawke's Bay Today yesterday.

The new hair rule reads: "Hair that is short, tidy and of natural colour. Short - means hair has to be 1cm off the collar at the back, not further than half way down the ear at the side and off the eyebrows at the front. Sideburns must not extend beyond the ear lobe. Tidy - means hair has to be combed and groomed. Extremes, including plaits, dreads and mohawks are not acceptable. Hair cannot be tied back in any manner."

The old rule stated students had to have hair that was short, tidy, of natural colour and off the collar and out of the eyes. It also noted plaits, dreads and mohawks were not acceptable.

Battison family lawyer Jol Bates discovered several "problems" after reading the new rule and said the school had not fulfilled the High Court judgment.

"What the High Court said is that the principal and board's process to suspend Lucan was illegal. The judge also went on to say the hair rule was uncertain and illegal. It looks like they have tried to make it more certain but the judge very explicitly said with the illegality of the hair rule the school had an opportunity to not have a hair rule at all."

Justice Collins had said in his ruling the school and its community were provided an opportunity to decide on whether a hair rule was necessary, but if it did, it would need to give "very special consideration" as to whether it would breach a student's rights to "autonomy, individual dignity and his rights to freedom of expression".

"They should've had the proper consultation process, but what they have done is just made a decision," Mr Bates said.

"They should have consulted parents and students about whether or not to even have a hair rule. In my view the students have every right to have a say."

He said Justice Collins was clear the school needed to be "very careful" and legal issues might arise if students rights were breached. "My personal view is once again the board has not followed the correct process and a court could very well form the view that this new rule is illegal."

He said "it wouldn't surprise me" to find the new hair rule challenged by a student or parent in a courtroom.

Mr Melloy, however, said the school gave "every consideration" to student's rights and to Justice Collins' "recommendation" regarding a new rule.

He said the board concluded a "precise" hair rule was required at St John's and added a committee and board meeting was held on July 22 at 7.17pm where it was decided St John's would not appeal the ruling of Justice Collins.

The next stage of the hair rule would provide an opportunity for parents and students to discuss the description and wording with the school if they were unclear.

Mr Melloy said the new rule was likely to be implemented at the school from week five or six in term four, which began in October.

Yeah 12 students at New Zealand secondary schools, such as Lucan, will leave school in week four of term four to prepare for their end-of-year senior exams.

Tensions arose between the Battisons and St John's after Mr Melloy, who started in his role as principal earlier this year, attended a 1st XV game and noticed several players in the team had untidy and long hair. After meeting with the principal, Lucan was warned that if he defied the rules he could be suspended.

The Battison family said following the High Court judgment their son had signed up to the original rule and an issue was only created when "the new principal shifted the goal posts".