Gordonstoun parent fails in legal bid over sex in school

Gordonstoun - Court of Session ruling backs their relationship policy
Gordonstoun – Court of Session ruling backs their relationship policy

PARENTS OF A TEENAGE girl who was expelled from Gordonstoun School with a male pupil have failed in their bid to have the decision overturned.

The pair were caught having sex on a teacher’s desk in 2013 and, following the schools strict rules on such relationships between pupils, both were expelled.

However, the parents of the girl – who was 16 at the time of the incident – challenged the decision, saying that their daughter suffered from attention hyperactive deficit disorder (ADHD) and that disability should have been taken into account by the school.

She appealed to the Additional Support Needs Tribunal for Scotland, insisting that her daughter had been discriminated against by Gordonstoun. The appeal was dismissed – and that led to the case being taken by the parents to the Court of Session.

The parents were demanding a written apology from the school along with changes to their disciplinary procedures – again, however, the appeal was dismissed.

Passing judgement on the case of the teenager referred to in court papers as ‘M’, Lady Smith, Lord Brodie and Lord Malcolm said in their written ruling: “In the modern world, all too often teenagers all too often exercise poor judgement in sexual matters.

“It is widespread – it is, sadly, a fact of life. The vast majority do not have ADHD. Further, M was an adult with full capacity. Adults do follow their very natural human desires to engage in sexual activity.

“There would need to have been clear a cogent evidence to support the claim that, in M’s case, this was not ordinary teenage behaviour but was a consequence of her ADHD.”

Yesterday a spokeswoman for the Moray school said that it would not be appropriate for them to comment on the specifics of the case, but reiterated the school’s policy, saying: “We have a very clear policy relating to sexual relationships.

“All parents are sent a copy of our code of conduct which states clearly that we do not believe schooldays are at 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.

“Students must note the code of conduct before arriving at the school and they are reminded of it during their time here.”

Gordonstoun is one of only a few full-board schools remaining in the UK and is the home to around 600 boys and girls aged between eight and 18-years-old.