New Zealand student Lucan Battison wins High Court battle to keep long hair
A New Zealand school student who was suspended for refusing to cut his hair has won a High Court battle to keep his locks in place.
Sixteen-year-old Lucan Battison was suspended from St John's College in Hastings last month when he would not cut his collar-length, curly hair.
The Catholic college said he was breaking a rule which required hair to be "short, tidy… off the collar and out of the eyes".
The Year 12 student offered to tie his hair back in a bun, but the school rejected this.
The family sought a judicial review and the High Court ruled in its favour on Friday, stating that both the suspension and the school's hair rule were unlawful.
Justice David Collins said he did not believe Lucan's behaviour constituted "gross misconduct or continual disobedience" which would set a "harmful or dangerous example to other students" as required for suspension under the country's education law.
"Principals must ensure that serious disciplinary consequences are reserved for truly serious cases," Justice Collins said in his judgment.
He said the college did not dispute that Lucan was "a nice young man" who represented the school in rugby.
He noted that Lucan this year received a civil bravery award for helping to rescue two young women who had been in danger of drowning in Hawke's Bay on the east coast of the country's North Island.
Family says school rules should be 'reasonable'
The Battison family is pleased with the judgment but disappointed that the matter was not able to be resolved through mediation.
"We do believe rules have a place. But they need to be reasonable and certain," the family said in a written statement.
It said Lucan never broke the rules, because even when his hair was down it was "off the collar and out of the eyes".
His lawyer argued in court that if cut, Lucan's hair would turn into a boofy afro.
The family said Lucan's hairstyle had been the same for three years and had become a problem only after Paul Melloy became principal in May this year.
They said the new school head had "shifted the goalposts".
"In 2014 when girls' hair lengths at school aren't questioned, why should the rules be different for boys?" the family said.
In a written comment, Mr Melloy said the school is disappointed with the court's decision.
"The Board of Trustees are (sic) taking time to consider the judgment made by Justice Collins in terms of its impact, both on our school and on other schools," he said.
"It is not about the individual student but being able to manage our school in a positive equitable environment; this includes compliance with our rules."
Lucan returned to St John's College on Wednesday this week after a request from Justice Collins who was concerned at the amount of time he had spent away from class.
St John's College says it is continuing to manage that situation and that it is "business as normal".
