VG Ansbach confirms student transfer in parallel class
Bullying a classmate in a WhatsApp class chat can justify the compulsory transfer to a parallel class. The disciplinary measure is particularly permissible if the student has already been warned several times about his poor social behavior and the incidents affect the responsibility for bringing up the school, the Ansbach Administrative Court ruled in a recently published judgment of July 18, 2017 (Az .: AN 2 K 17.00250 ).
This means that a student in a highly gifted class at a high school must switch to a regular parallel class. The ninth grader had already received four warnings in the past for his social behavior. From July 2016 to December 2016, he was finally accused of bullying a classmate in WhatsApp class chat.
In the chat he had published a picture of a monkey with a large stick in the rear and compared the student with it. Also a link to an article with the title "Albinos are hunted like animals in parts of Africa" and the comment to the classmate "... better shut up otherwise there is a flight ticket to Africa without a return flight. I only say Albino Hunter ”was not missing. The suggestion that he would rather shoot his classmates than Osama bin Laden didn't make the behavior any better.
After the parents of the bullied student complained to the school, the school disciplinary committee recommended the transfer of the bullying offender from the gifted class to a regular parallel class. The headmaster then ordered the transfer.
The bullying student referred to his apology to no avail. Other classmates would also have participated in the chat against the classmate. Even the father of the bullied student considered the transfer excessive.
The administrative court ruled that the transfer decision was not only legally valid. The school also rightly ordered the educational measure. Other, milder disciplinary measures would apparently not work for the student, given four existing references due to his social behavior. A transfer to a parallel class presupposes disciplinary violations of "some weight". However, this is the case here.
The complaining student was instrumental in the bullying and instigated other classmates. Not only did he allude to the death of the bullied student, the insults were also particularly humiliating and gross. If the plaintiff did not show up at school due to illness, the class behaved much more moderately towards the bullied student.
The behavior of the student had significantly affected the responsibility for bringing up the school, so that the transfer was justified. Although the plaintiff apologized, he had shown no insight into his misconduct. The apology only came when the disciplinary measure was foreseeable.
The Ansbach Administrative Court was also unable to change the pupil's advice that there was only one highly gifted class in his school. According to this, the transfer here is also justified if the student loses his support for the highly gifted. fle / mwo