Pupil’s ADHD ‘not a factor’ in sex shame
Gordonstoun right to throw her out
THE family of a teenage girl who was expelled from a top private school for having sex with a fellow pupil have lost a legal bid to challenge the decision.
The 16-year-old was thrown out of Gordonstoun School in Moray, where Prince Charles was a pupil, after being caught in a tryst with a boy by a shocked member of staff.
The pair were initially suspended by principal Simon Reid before being expelled following the incident in March 2013.
But the girl’s mother challenged the decision on the grounds that her daughter suffered from Attention Deficit Hyperactivity Disorder (ADHD), which affected her judgment.
She said this made her daughter disabled and claimed she had been unlawfully discriminated against.
The case was rejected by the Additional Support Needs Tribunal for Scotland. The family appealed to the Court of Session,
‘It is, sadly, a fact of life’
seeking a written apology, a statement she had been discriminated against and changes to the school’s discipline policy.
However, judges Lady Smith, Lord Brodie and Lord Malcolm upheld the tribunal’s decision that the girl, referred to in court as M, was not disabled.
In a written ruling, Lady Smith said: ‘On the evidence, it was not shown that M having sex was in consequence of her ADHD. The experts did not, unsurprisingly, say that when a young person with ADHD has sex, that will always be in consequence of their ADHD.
‘There was evidence that it was not out of the ordinary for young people of her age to be having sex. In the modern world, all too often teenagers exercise poor judgment in sexual matters. It is widespread. It is, sadly, a fact of life.
‘The tribunal’s conclusion was one which we consider they were entitled to reach.’
The court heard the sexual encounter had been organised through an exchange of emails.
The girl, now 18, gave a written statement in which she said that what happened was because she was confused, young and stupid. She confirmed that she and the male student had agreed to meet.
She said she was unhappy and the relationship made her studies good and made her feel better and more confident.
A spokesman for Gordonstoun, where fees are more than £30,000 a year, said: ‘It would not be appropriate for us to comment on the specifics of this case.
‘We have a very clear policy relating to sexual relationships. All parents are sent a copy of our Code of Conduct.
‘This states clearly that we do not believe schooldays are a time for a sexual relationship and that if a student is found having sexual intercourse, they are likely to be asked to leave the school.’