By an order dated November 28, the summary judge of the Pau administrative court suspended the execution of the decision of the rector of the Bordeaux academy which prohibited her from exercising management functions for three years.
This decision was taken on September 9 when Christian Espeso was accused of three series of breaches. First, the ignorance of the principle of secularism for having authorized the provision of a course entitled “religious education”, and the organization of a march from Pau to Lourdes which would have a religious dimension.
Then, the lack of awareness of educational programs and freedom due to the lack of distribution of school textbooks made available as part of the college reform, the withdrawal of the CDI from certain works containing sexual passages considered unsuitable for younger students and the criticism he expressed towards the programs, even opposing the study of certain works.
Finally, the inappropriate behavior of the person concerned, marked by violent remarks towards certain members of staff and the practice of malicious management.
While awaiting the judgment on the merits
Contesting this decision, the former director therefore filed an interim appeal. And justice has just ruled in his favor, pending his judgment by a collegial panel.
Here, the judge considered that the two conditions necessary to suspend execution were met, namely the existence of an emergency situation, on the one hand, and the existence of a serious doubt as to to the legality of the act, on the other hand.
“With regard to the emergency condition, it is held that the risk of dismissal in the short term of the director of the establishment in question and the impact that the decision has on his personal situation allow us to consider that this condition is satisfied » explains the court.
“In addition, it is judged that the argument based on the disproportionate nature of the sanction to the acts alleged against the director of this establishment was, in the state of the elements of the file, likely to create serious doubt about its legality, therefore in particular that the person concerned has never been sanctioned even though he has exercised management functions of an establishment for many years” completes administrative justice.
“Stinging setback for the rector”
This suspension of the sanction therefore applies until the trial judge, ruling in collegial formation, rules on its legality. The date of this hearing is not yet known.
“The rector suffers a stinging setback. His illegal decision is put on hold before, ultimately, being scrapped,” comments one of Christian Espeso’s lawyers, Me Thierry Sagardoytho. “This is a first step towards the rehabilitation of this head of establishment who has been scandalously dragged through the mud. At this moment, I think of the students, the parents, of him and of this venerable 140-year-old institution,” adds the council.
Christian Espeso should be back at his post this Friday.
