Parents of boy who wears hair in a bun at school await appeal decision

A young boy and his parents are awaiting a decision that could affect whether he can stay at his Christian school after it was found to have directly discriminated against him. But, they’re already planning a ceremony that would potentially change it all.

Cyrus Taniela at home with mum Wendy. He has never had his hair cut for cultural reasons and his school, Australian Christian College Moreton was found to have directly and indirectly discriminated against him by asking him to cut it. PICTURE: Brad Fleet

Parents of a long-haired preppy who was found to have been discriminated against by his Christian school, are planning a haircutting ceremony for next year, while awaiting an appeal decision.

Last year a tribunal member found Australian Christian College Moreton directly and indirectly discriminated against Cyrus Taniela, then five, on the basis of his race.

The private school was ordered to apologise to his parents for proposing to expel him for failing to comply with its uniform policy that his hair be above the collar and not worn in a bun.

Cyrus, who is of Cook Islands and Niuean heritage, has never had his hair cut.

He has kept his hair in a neat bun while at the school, which initially required that his hair be cut within two days of him starting his prep year.

After attempted negotiations with the school failed, it then gave the parents a deadline of February 14 for the haircut.

Wendy and Jason Taniela, parents of Cyrus Taniela, six, after appearing at an appeal hearing in Brisbane. Picture: Liam Kidston

Parents Wendy and Jason Taniela had planned a large coming-of-age cultural haircutting ceremony in Sydney around the time Cyrus turned seven, when they felt he would be ready for it.

Although Cyrus is seven on Friday, the family has had to delay the ceremony because of Covid travel restrictions and now hopes to hold it next year, an appeal tribunal heard.

The school appealed the Queensland Civil and Administrative Tribunal discrimination decision on five grounds, arguing the tribunal member made some legal errors.

Counsel for the school, Chris Murdoch QC, said the parents were aware of the school uniform policy before Cyrus was enrolled and under cultural tradition they could choose when to hold the ceremony.

Mr Murdoch said the school uniform policy had “no connection whatsoever’’ to race.

He said the tribunal member ought to have found there was not direct discrimination because any student who did not comply with the school uniform policy would have been treated the same way.

Mr Murdoch said the parents could have complied with the uniform policy by having a hair cutting ceremony earlier.

Barrister Dr Chris McGrath, for the parents, said they respected and valued the faith-based school, which their daughter also attended.

He said the way Cyrus had worn his long hair in a bun “ticked all the boxes’’ of the uniform policy that said boys’ hair was to be neat, tidy, above the collar and not hang over the face.

While the policy said buns were not permitted, when Mrs Taniela offered to do her son’s hair in a tucked-up braid, the school refused permission.

Dr McGrath said the school policy did not say boys had to have short hair.

He pointed out tribunal member Samantha Traves said it was not reasonable to apply uniform policies without exception.

Dr McGrath said the hair cutting ceremony was intended to be a big family gathering, not just the parents at home on their own pulling out a pair of scissors and chopping their son’s hair off.

“This is a little kid and suddenly he’s been told he’s got to lop off his hair, his parents get a pair of scissors and chop it off,’’ Dr McGrath said.

Mr Murdoch said the school never suggested the parents chop off their son’s hair without a ceremony.

Two tribunal members hearing the appeal reserved their decision.