The court setback facing Mackay School over the 'discriminatory' expulsion of an ASD student

In May 2023, a 14-year-old student with autism spectrum disorder (ASD) was expelled from The Mackay School, one of the most prestigious private schools in Viña del Mar, Chile, following an incident during an English class. The student, identified as J.T.F.S., faced disciplinary action after an episode involving a golf ball, which led to his suspension and eventual expulsion through the Aula Segura program. His parents filed a legal complaint alleging discriminatory treatment based on his condition, and a court later ruled against the school’s decision. The incident occurred on May 10, 2023, during an English class. According to court documents, the teacher, Aura Córdova, took a golf ball from the student, deciding to keep it until the end of the lesson. The student repeatedly asked to retrieve the ball, prompting him to take items from the teacher's bag, mimicking her actions and approaching her. What followed became central to the legal dispute, with conflicting accounts about whether the student made any threatening moves, reached into the teacher’s pockets, or simply got too close. Córdova told the school that the student attempted to retrieve the ball despite being instructed not to touch it, claiming she felt threatened and distressed. However, the student’s parents argued he had no intention of harming the teacher and was merely trying to recover his belongings due to a regulatory episode linked to his ASD. Additional testimonies were contradictory. The student’s psychologist stated the teacher mishandled the situation, noting that removing an object from a regulated child could escalate the episode. The school’s tutor claimed the student approached improperly. The student himself apologized via email, stating he never intended to upset or threaten the teacher and only wanted back his ball. Following the incident, the school suspended the student for 10 days and initiated an Aula Segura process, designed to address serious disruptions to school life or threats to community safety. The parents contended the school ignored the student’s known conditions, ASD, ADHD, and learning difficulties, and emphasized the incident was a regulatory episode. Despite this, the school proceeded with the expulsion, arguing that the student’s condition did not excuse the behavior. The parents pursued legal action, initially facing a setback at the Third Civil Court in Viña del Mar. However, the Valparaiso Appellate Court overturned the initial ruling, accepting the discrimination claim, nullifying the expulsion, ordering its removal from records, requiring the school to publicize the court’s decision visibly within the campus for 15 days, and imposing a fine of 40 UTM. The court criticized the school for failing to explain how the student’s ASD status was considered in evaluating his conduct. A key point in the ruling was the statement from the school’s director, Matthew Taylor, who admitted he lacked authority to determine whether the behavior constituted a regulatory episode, adding that this was the first time the school had heard such an explanation. This admission contradicted the school’s subsequent assertion that the student’s condition had been taken into account, undermining their position according to the court.