Suprema - Rol N° 46330-2024

Supreme Court confirmed the rejection of a protection action, finding it procedurally inappropriate due to an ongoing administrative investigation by the Superintendencia de Educación regarding a student's academic record.

• A recurso de protección was filed alleging the Colegio San Pedro Nolasco issued a false academic certificate for a minor student, stating failure with a 1.0 average, after the family requested voluntary withdrawal due to diagnosed emotional issues.
• The plaintiff contended that the school's failure to formally process the requested withdrawal and the issuance of a misleading academic certificate violated the student's constitutional rights to education and due process.
• The defendant school denied any illegal or arbitrary act, asserting the student failed due to persistent absences and lack of qualifications, and that the withdrawal was never formally completed by the guardian.
• The court found that an administrative procedure concerning the student's situation was already pending bef...