Courts

Three students ask High Court to overturn expulsions from Dundalk IT

The students were made the subject of internal disciplinary proceedings arising out of allegations which included that the three were involved in an aggressive physical altercation with each other

In separate but similar High Court actions all three students claim the decision arrived by the college is flawed and should be set aside.
Aodhan O'Faolain
Mon Jul 29 2024 - 17:19

Three students have launched High Court proceedings aimed at overturning their expulsions from Dundalk Institute of Technology.

The actions have been brought by Margaret Eyong Taku, Wendy Briggs, and Christina Igweze who were all made the subject of internal disciplinary proceedings arising out of several related alleged incidents that occurred on the college’s campus involving the three on January 30th to 31th last.

Among the allegations are that the three were involved in an aggressive physical altercation with each other.

The three students were initially suspended from their courses as the college deemed the allegations amounted to a “serious offence” under its own disciplinary procedures and regulations, and code of conduct.

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The allegation of disorderly behaviour, the physical abuse of another person and being involved in an aggressive physical altercation with another person, were considered by a disciplinary committee of the college.

In February that committee recommended that all three be expelled from the college and banned from its campus and grounds.

The three, who claim that they had never been involved in disciplinary proceedings beforehand, appealed that decision.

In April, an appeals committee of the college considered and rejected all three of their appeals.

In separate but similar High Court actions all three students claim the decision arrived by the college is flawed and should be set aside.

They claim that the college’s findings were made outside of its powers.

It is also alleged the findings were disproportionate and the college failed to have regard to relevant considerations.

It is further claimed that the college failed to provide adequate reasons for its decision.

Prior to their expulsion Ms Taku, from Tinnamona Callan, Co Kilkenny and Ms Igweze of Knightsgate Avenue, Rush, Co Dublin, were undergraduate students in the college’s mental health nursing course.

Ms Briggs, from North Road, Drogheda, Co Louth, was an undergraduate student in the college’s bioscience course.

In their actions against the college, the three students, represented by Mark William Murphy BL, instructed by solicitor Conor MacGuill, each seek orders quashing the college’s decision to expel them and that they be re-admitted back to their respective programmes. They also want damages.

They seek various declarations from the court including one that the college acted outside of its powers and in excess of its jurisdiction in its conclusions that the applicants constituted a major offence and referring it to the colleges discipline committee.

The cases came before Ms Justice Niamh Hyland on Monday, who in each case granted the applicants permission to bring their challenges.

Permission was granted on an ex parte basis.

The cases will return before the courts in October.