Court challenge to Ashton College ‘no drugs’ policy

A Stanger magistrate is challenging Ashton International College’s zero-tolerance drug policy in court, after her son was expelled because of an alleged positive drug test.

The grade eight pupil was expelled from Ashton after allegedly testing positive for dagga during the third term, which led to the mother launching an urgent high court application.

According to Ashton’s executive head, Joe Erasmus’ affidavit, the drug test was conducted after the pupil was seen selling “green stuff in plastic bags” at a local market over the weekend.

Erasmus stated that the school’s zero-tolerance drug policy is crucial because the upmarket area is ” a crucible for drug taking and dealing” and that they “go to great lengths to ensure the school remains drug-free and anti-drug”.

The mother’s attorney, Kisoon Ramasir, said the applicant wants her child to be re-instated and that there should be equal treatment of all learners irrespective of race, colour or creed.

“We advise that the school has acted contrary to its own Code of Conduct in all material respects,” said Ramasir.

The Ashton code of conduct however states the following: The College management and/or police will be entitled to search any students suspected of having cigarettes, drugs, alcohol, pornography or a weapon.

Such a student will be liable to appear before the school disciplinary committee and may be subject to suspension, expulsion or due process of the court.

It further states that the school reserves the rights to conduct blood tests for the testing of illegal substance abuse.

The school has offered the expelled pupil a home schooling programme until the end of the year, but the mother said it would be “unfair”.