The student who had been expelled after his ex-girlfriend, a student of the same school, had accused him of stalking and of having hit her with a slap with a consequent warning decree from the commissioner. This was decided by the Council of State, accepting the appeal of the student’s defense against the sentence of the Florence TAR, thus canceling the expulsion decreed by the University in April 2021.
Previously, the young man had already been readmitted by the Council of State which had suspended his expulsion pending the judgment on the merits of the TAR. As a result of this decision, Sant’Anna had ordered the expulsion for three months, and then ordered the expulsion after the TAR had agreed. According to the administrative appellate judges, however, “the best and certain demonstration that the expulsion sanction was the one that, among all, had the most equitable effect in the interest of the parties involved, is represented precisely by the conduct subsequently maintained. by the interested party “, marked” by school regularity of commitment and profit, and understanding of the duty to abstain from committing further episodes of violence, which in themselves remain objectively deplorable. In particular, although the facts are significant, it cannot be expressed in the against the appellant a judgment of absolute and irreducible danger, since it was ultimately a not very edifying epilogue of a turbulent and immature youthful relationship. Also on the probative level, moreover, without prejudice to the significance of the incident, the failure to present the complaint by the counterparty precluded the prosecution, with the consequence that no I was able to accurately appreciate the proportion of the sufferings suffered by the victim, in terms of changing habits of life, suffering from a serious and persistent state of anxiety and fear, and of well-founded fear for one’s own psycho-physical safety “.
“The Sant’Anna School takes note of the sentence of the Council of State and its effects and recalls that the matter which was the subject of the pronouncement was not only very complex on a procedural level, but also, and above all, very painful for the pupil victim of violence, for the college of students and for the entire community of the School “. This was stated in a note by the rector of the Scuola Superiore Sant’Anna in Pisa, Sabina Nuti, commenting on the sentence of the Council of State which annulled the expulsion order of the student, decided by the University in April 2021. “The School therefore reiterates – concludes the rector’s note – her conviction and commitment to promoting the values of mutual respect, inclusion and solidarity, which represent the inalienable foundations of collegial life. There is an unavoidable link that binds these values to belonging to the community of the Scuola Sant ‘Anna and the university career of her students “.