DCU student settles case over exclusion from course

Lifeng Han’s behaviour could be explained by ‘cultural differences’, court told

In his High Court action against DCU, Lifeng Han claimed he was denied fair procedures including because a member of the disciplinary committee also had a prosecutorial role in the matter.

A Dublin City University student has settled his High Court case over a decision by college authorities to exclude him from his course over behaviour they alleged was unacceptable but he said could be explained by "cultural differences".

Lifeng Han, a Chinese national who is a PhD student in computing, was given leave last May to bring judicial review proceedings after he was formally excluded last February over what a disciplinary committee decided was unacceptable and inappropriate behaviour.

During the leave application, heard on a one-side only represented basis, the court heard he had actually been excluded from classes and college facilities from September but continued to live on campus. He feared his accommodation could also be under threat because of the February disciplinary finding.

In his action, he claimed he was denied fair procedures including because a member of the disciplinary committee also had a prosecutorial role in the matter.

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Mr Han said the allegations against him “could be explained by way of cultural differences” but he never got the opportunity to make that case, his counsel Frank Callanan said.

On Friday, Mr Justice Séamus Noonan was told by Mr Callanan the case had been settled and a costs order could be made in favour of his client.

Separate defamation proceedings could also be struck out, counsel said.

Mr Justice Noonan made the strike out orders and congratulated the parties as he noted the case had been in the court list for some time.