Two pupils of a tenth grade class at an integrated comprehensive school in Berlin may be temporarily suspended from lessons because they secretly made videos and photos of teachers and of teachers and forwarded them to a classmate, who shared them on Instagram and who posted them on Instagram, some of them with sexist and insulting comments. and insulting comments.
This was decided by the Administrative Court of Berlin in two summary proceedings.
The headmistress had been allowed to temporarily suspend the two pupils from school for nine school days. One of the two pupils had admitted to secretly taking pictures of a teacher from class and forwarding them to the operator of the Instagram account. In any case, the other pupil had not denied sending such photos and video sequences to the fellow pupil. The headmistress had been entitled to assume that the two pupils had at least accepted that the fellow pupil would publish the picture and video material on his Instagram page and provide it with insulting and sexist content. It was unrealistic to assume that they would not have known what the fellow pupil would do with the picture and video material, especially as one of the pupils had such an account himself.
It was also obvious that the dissemination and commentary in the so-called social media by a fellow pupil, which was obvious in this case, impaired the orderly life at school and thus continuously shook the confidence of the pupils in a rule-governed and peaceful school framework. This was particularly true if the content that was disseminated was capable of exposing the teachers concerned to the public.
An appeal against the Appeals may be lodged with the Higher Administrative Court of Berlin-Brandenburg. can be lodged with the Higher Administrative Court of Berlinrandenburg.
Decisions of the 3rd Chamber of 7 June 2019 (VG 3 L 357.19 and VG 3 L 363.19)
Source: Press release of the Berlin Administrative Court of 14.06.2019
