Student who 'joked' about chopping up and killing lecturer 'must be reinstated'
Student was not given a fair hearing, ombudsman rules
A student who was expelled from a University-affiliated course after ‘joking’ that he would kill and chop up his lecturer must be reinstated to the course because he was not given the chance to give his side of the story, the education ombudsman has ruled.
In October, the student began attending a course on Residential and Day Care Work offered by Malta University Enterprises (MUE), a subsidiary of Malta University Consulting, itself a holding company of the University of Malta, in collaboration with the Faculty for Social Wellbeing.
During a lecture on anger, the student told the lecturer that if he did not get a pass mark in a particular assignment, he would imitate a certain serial killer who had been mentioned during the lecture. He said he would kill her and chop her up.
He allegedly uttered the words in front of the entire class.
The lecturer then reported the student to the authorities at MEU and the dean of the faculty, and also filed a police report.
The student was deemed unfit to practice day care and summarily expelled from the course for allegedly making "serious threats and insults" towards the lecturer.
The letter of expulsion cited the student handbook of Malta University Consulting, which stated that extreme misconduct, such as threats or violence towards a trainer or other students, is grounds for immediate removal for the course. It was signed by a member of the legal office of the University.
However, the ombudsman said student was not given the opportunity to explain himself, and a decision to expel him was reached "without a charge being formally laid against him". It was also unclear who had taken the decision to expel him.
“The complainant has always maintained that what he said in the classroom was said in jest. As the complainant also confirmed when he released a statement to the police, he had no idea at the time that the lecturer had taken the words in a different context,” Education Ombudsman Vincent De Gaetano wrote in his ruling.
While the case will be heard in court in February, the ombudsman ruled that due to the MUE’s failure to give the student a fair hearing, he should be reinstated immediately.
The ombudsman also urged MUE to establish a “proper and independent procedure by which alleged extreme misconduct by students undertaking their course can be adjudicated, including the threats made by the complainant."
The student was assisted by lawyer José Herrera.