Inside the Beirut courthouse. (Credit: Claude Assaf)
Beirut Summary Affairs Judge Rasha Hoteit issued a ruling Wednesday ordering International College (IC) to reinstate a student, Malek Hamad (16), whom the school had expelled last November.
The student was expelled after a video was released showing him violently beating a young Syrian in broad daylight on a street in the Zeitouneh neighborhood of the Lebanese capital, as he was encouraged by a man also filmed participating in the assault.
According to a statement released shortly after the video surfaced on Nov. 10 by police, the 23-year-old Syrian had previously assaulted the student.
Former Prime Minister Najib Mikati also condemned the attack in a statement, noting that the adult involved in the video is the bodyguard of the student's father, Bilal Hamad, an advisor to Mikati. The bodyguard was later arrested at the former prime minister's request, according to the statement.
At the same time, IC condemned this "reprehensible act of violence," announcing in a statement that it would take "firm action."
Days later, the student was permanently expelled.
Disputing the decision, Hamad’s father, represented by attorney Marc Habka, appealed to the summary affairs judge on Nov. 27.
In her ruling, Hoteit ruled in favor of the student, requiring the school to "immediately reinstate him so that he may continue his studies as normal ... without opposition or hindrance," under penalty of a fine of 50 million Lebanese pounds (about $550) for each day of delay.
L’Orient-Le Jour has learned that Hamad returned to school on Thursday.
The judge based her decision, a copy of which was consulted by L’Orient-Le Jour, in particular on the "fundamental and natural" character of the right to education, "guaranteed by international law, the Universal Declaration of Human Rights, and Lebanese law."
"Any infringement of this right can be subject to judicial recourse," Hoteit added, especially as, she continued, expulsion may affect "the student's future."
Contacted by L’Orient-Le Jour, Habka welcomed the ruling, saying it establishes schooling as a "fundamental" right and affirms "the right of every student to defend themselves."
The summary affairs judge also relied on the student's school reports from the past two years, describing Hamad as an excellent student, "kind and respectful."
The judgment states that, on the one hand, the child's mother requested a meeting to clarify the facts before any disciplinary action was imposed, and, on the other, the student was heard by phone in the presence of his mother.
The school chose this method due to threats made against Hamad by certain classmates, according to the judgment.
During this conversation, the student claimed he had acted in self-defense.
According to IC's judicial findings, also reviewed by L’Orient-Le Jour, the questions were posed by the dean of students in the presence of the head of secondary classes.
Hoteit, however, considered that this telephone interview, which lasted "only a few minutes," did not constitute "an opportunity to defend himself."
The judgment also notes that, on Nov. 14, Hamad's mother sent a letter to the school's president, Tobin Wait, explaining "the events that preceded the video going public," stressing that her son, "aware of his inappropriate behavior," felt "great remorse" and was ready to accept "any corrective measure."
That same day, a "more than hour-long" meeting took place between Wait and Hamad’s parents, according to IC.
Hoteit nevertheless found that "the meeting took place after the expulsion was decided, aiming to notify the parents of the measure."
'Most serious violations of school conduct rules': IC
The school also argued before the judge that the act attributed to Hamad was not isolated, noting that the teenager had threatened and hit an American Community School (ACS) student after that student called the assault on the young Syrian "inhuman."
Hamad's actions, IC said, represented "the most serious violations of school conduct rules,” adding that the school’s statutes provide it "full authority to impose temporary or permanent expulsion if a student’s behavior breaches conduct standards or presents a threat to others’ safety."
In this case, the school deemed Hamad's behavior sufficient grounds for "immediate expulsion."
However, the ruling found that the school's code allows expulsion "only at the end of the school year" and under "strict conditions."
Asked to comment on the court’s decision, IC’s lawyers, Nadim Abboud and Tatiana Hamieh, told L'Orient-Le Jour only that IC abides by the law and complies with court decisions.
Under judicial procedure, the school has a week to appeal Hoteit’s decision to the Beirut Court of Appeal’s summary chambers.
When contacted, a private school lawyer criticized the ruling, arguing that "it opens the door to judicial interference in the administrative affairs of private schools, even though no law permits such interference or prohibits the expulsion of a student."
This article was translated from L'Orient-Le Jour.
