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The High Court has set aside the decision of a college's Appeals Committee to permanently expel three students from a college following a series of altercations. The court found that the Appeals Committee had applied the wrong test by merely upholding the Disciplinary Committee's decision without conducting a full de novo appeal. Additionally, the Appeals Committee failed to carry out a proportionality assessment regarding the sanction and did not provide adequate reasons for choosing expulsion over other potential sanctions. The matter has been remitted back to a newly constituted Appeals Committee for reconsideration.
judicial review, expulsion, student conduct, disciplinary committee, Appeals Committee, proportionality assessment, fair procedures, mitigation, sanction range, de novo appeal, adequate reasons, certiorari, remittal, campus violence, mental health nursing students, bioscience student, academic record, unblemished disciplinary history, medical treatment, gardaí involvement, educational institution, student rights.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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