Is my school playing by the rules?

[Broadway_Boy]

Posted: 3/12/08 at 10:09pm

Maybe someone who works for the Board of ED, a lawyer, or maybe someone would just know could answer my question.

A teacher at my school has falsely accused a student of cursing at her after school hours half a mile away from the school. There are about 15 students from my school, including myself, that were present at the time of this accusation and are willing to write statements about the incident, but the administration are refusing everyone the right to even write the statements, telling us they are not believing any of the students over the teacher. The principal said in a private conversation with the student that this is not only about this incident but that the student has gotten away with a lot of stuff in the past. Is it legal to refuse anyone the right to write the statement? (Because another teacher told us it is) Also, is it legal for the principal to use one false accusation to punish a student for incidents in the past that the student was not punished over?

Also, they refused the student the right to record the conversations between the administration and the student. I looked it up on google and it seems to be that he can legally hide the tape recorder in his pocket without there consent, is that right?

[munkustrap178]

Posted: 3/12/08 at 10:20pm

I would imagine, though I'm not a lawyer or anything, that the way the school is going about this is entirely not right.

Try sending a PM to bdwaylwyr (or something like that). He has helped me enormously.

[SueleenGay]

Posted: 3/12/08 at 10:24pm

First of all, it is a school and not a court. Often a student's rights at school are different than they are in another public place.

Are they punishing the student? How?

How do you know what his or her record of misbehavior is? There are two sides to every story.

What did you hope to accomplish with the statements? Of course you have the right to write them, the real question is does the disciplinary board (or decision maker in the situation) have an obligation to read them and take them to heart? Obviously they don't feel they do.

Is there another teacher who might be willing to listen to your friend's side and maybe go to bat for her or him?

Unless the student is involved with an illegal activity and is being tried in a court of law, I am afraid there is not too much you can do for your friend, as much as that sucks.

[BigFatBlonde]

Posted: 3/12/08 at 10:38pm

Welcome to world of muddy moral gray areas. The lesson here might be about choosing your battles wisely.

I say let the kid and his parents battle this one themselves.

"If", however, the parents ask you to write a statement you can decide then.

Otherwise, stay out of the drama and focus on your studies.

[Phyllis Rogers Stone]

Posted: 3/12/08 at 10:40pm

What do your (and the student's) parents think of all this?

Is there a school rule about not swearing at teachers when you're off campus?

And yeah, are they punishing the student? If so, in what way?

Seriously, though, if it's THAT big a deal, your parents should be involved.

[SweetQintheLights]

Posted: 3/12/08 at 10:44pm

"...but the administration are refusing everyone the right to even write the statements, telling us they are not believing any of the students over the teacher. "

They can't tell you what you can and cannot write. How they take it is another story but you are free to write whatever statements that you want. Also, if this "incident" happened out of school grounds, I do not believe the school needs to be involved.

If there have been other incidents within the school, that's another story also.

[Broadway_Boy]

Posted: 3/12/08 at 10:50pm

He's getting suspended for three days and that means he can't perform in any of our school's performances for the rest of the year. It's a performing arts school by the way. My parents told me to go talk to the deans and I told one in the hallway that I wanted to speak to him today and he told me to meet him in his office in a few minutes but he never returned by the end of the period.

His parents don't care for who knows what reason and I can't ask my parents to get involved because I'm not in trouble.

The two things that happened to this student in the past are another teacher told him to go have sex with another student (who is our valedictorian, who really wouldn't hurt a fly and was also there when this so-called cursing took place) and have a baby together and gave them a list of places they could have sex. The other incident is another student called him a faget and kicked him and that student got suspended for 5 days, but they were also going to suspend my friend for provoking him but he was obviously going to press charges against that student if that is what happened so they dropped it when he mentioned that.

He had told the teacher over a month ago to "get the hell away from me" and that was in the school and she brought that up now but they said he's not getting punished for that.

Updated On: 3/12/08 at 10:50 PM

[Elphaba]

Posted: 3/12/08 at 10:50pm

did they suspend the student? You are not clear on what they have done to him/her

I do believe, that whatever action they take CANNOT legally be because of something the student did off campus, whether half a mile, or across the street.

BUT, as said his/her parents have to fight this one.

[Broadway_Boy]

Posted: 3/12/08 at 10:55pm

They told him that he will be getting suspended for three days, but we believe they are taking their time to officially tell him so he won't have enough time to appeal it before our school musical on March 27.

Also, there are plenty of teachers who agree with us but they are not administration so they really have no say in it, I assume.

Updated On: 3/12/08 at 10:55 PM

[colleen_lee]

Posted: 3/12/08 at 10:56pm

"I do believe, that whatever action they take CANNOT legally be because of something the student did off campus, whether half a mile, or across the street."

Not necessarily true. Students are regularly suspended from participation in school-related activities for actions such as drinking and drug use that occur off of school property.

[Broadway_Boy]

Posted: 3/12/08 at 10:59pm

Now that your bring up the drug thing. My school had a MAJOR drug and alcohol issue on our senior trip, that was given to students by staff, and they were questioning student's about that. So, it's really bothering me that in that case they would take the student's word for it, even though nobody ratted anyone out, but in this they won't.

Also, this incident that didn't happen was stated to have occured in a building with security cameras. So if this does end up in court, should my friend be sueing the school or the individual teacher that is lying through her teeth about this? Because if it did go that far the security cameras would show that nothing happened.

Updated On: 3/12/08 at 10:59 PM

[Elphaba]

Posted: 3/12/08 at 11:10pm

Not necessarily true. Students are regularly suspended from participation in school-related activities for actions such as drinking and drug use that occur off of school property.



depends on if it was a school activity. If it was not, and the parents fight it, they will win.....at least in this state.

[StickToPriest]

Posted: 3/12/08 at 11:12pm

"The two things that happened to this student in the past are another teacher told him to go have sex with another student (who is our valedictorian, who really wouldn't hurt a fly and was also there when this so-called cursing took place) and have a baby together and gave them a list of places they could have sex. "

.......seriously?

[SueleenGay]

Posted: 3/12/08 at 11:39pm

I have a sneaking suspicion you are not getting all the facts.
None of what you said makes much sense. Let the teachers/staff battle it out. It sucks, but stuff happens. I doubt very highly that even if the kid swore at the teacher he would not get a suspension.

Is this a private school?
I am sorry the kids parents don't seem to care, but there must be SOMEBODY that can help at school, if what you are telling us IS true.

[Broadway_Boy]

Posted: 3/12/08 at 11:39pm

Yes, seriously. They were both removed from his class and given independent study which was graded by the teacher that said that to them and they were both given extremely low grades.

[Broadway_Boy]

Posted: 3/12/08 at 11:41pm

SueleenGay, I swear I am not making any of this up. This is a public performing arts high school in New York.

[SueleenGay]

Posted: 3/13/08 at 12:48am

I didn't say you were making it up. I said I don't think you know all the facts.

[Phyllis Rogers Stone]

Posted: 3/13/08 at 12:50am

I think it's sad (on two levels) that someone was called a "faget" at a performing arts school.

[LizzieCurry]

Posted: 3/13/08 at 12:52am

Call Len Tillem.

http://www.kgoam810.com/showdj.asp?DJID=3556

[nitsua]

Posted: 3/13/08 at 12:56am

The school shouldn't have authority over a student if he isn't on school grounds, or at a school sponsored event.

It's ridiculous that they can punish a student for something he allegedly said outside of school. If this was at a football game, I'd understand.

[vmlinnie]

Posted: 3/13/08 at 7:16am

My school suspends people all the time for stuff completely unrelated to school, outside school hours, grounds, even school days. And for the stupidest things.

[Elphaba]

Posted: 3/13/08 at 11:01am

yes VM, but that's Ireland.....not here