2024-07-16 04:39:00
The Court of Appeals ruled out arbitrary action by the Superintendency of Education when sanctioning the educational establishment.
The Santiago Court of Appeals rejected the claim of illegality filed by The Grange School and ratified the fine of 51 UTM (3.3 million pesos) for violating the rule that prohibits discriminatory conduct.
In a unanimous ruling, the Eighth Chamber of the appellate court ruled out arbitrary action by the Superintendency of Education, which sanctioned the establishment for breaking the law by requesting a cover letter from applicants.
“There are two reasons why those objections of illegality cannot prosper. One is substantive and the other is formal,” the ruling states.
The resolution adds that “with respect to the first, it is true that the auditor assumes that the requirement of the cover letter could involve discrimination, in terms such that is unaware of the application of this requirement to a specific case and its effects on the admission process, and on the other hand, it is also effective that The law expressly prohibits educational establishments implement processes that involve arbitrary discrimination”.
The Court of Appeals stated that, even though The Grange School claims that the cover letter is voluntary, “it again falls into the same error or violation of the law, since this requirement or possibility constitutes an arbitrary differentiation, since its support is not in the parameters that the law establishes in an objective manner, much less does it account for a transparent process, since the effects that one or another action brings with it are unknown, that is, how much more valued is the presentation of this document when deciding whether to admit an applicant, although it must have some advantage if its inclusion in the admission protocol is justified.”