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*sigh*
A billboard is NOT a conversation in print.
A FB posting DOES involve a conversation. The OP said it did. And because that was "what the kids were talking about," as he said, that's what got him in trouble. The school investigated.
Have you been on FB? Most of my posts involve social interaction. I'm sorry if yours haven't, but that's not really my fault.
Have you run a school? Because I have, and I know exactly why the student got suspended. And I explained it here. Multiple times.
As I wrote in the beginning,
The only question as to if there is a VIOLATION OF CIVIL RIGHTS by the administrator is if the facebook posting is within the "school context". Right now, because the facebook issue has not been decided by the courts (not the password issue, the facebook posting as being in the school context), the administrator would have qualified immunity for his actions. That doesn't make him right, it just means the violation is not compensible.I understand the government wants complete control over everything and schools are worse than that.
Not that that distinction will mean much to the bullies in charge of schools who are doing such a great job educating students.
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
You seem to think this ONE STUDENT lives in his own sea of free speech. That might be true, outside of school.
But in school, school admin have a DUTY to educate ALL STUDENTS. And the only way they can do so, is to maintain the learning environment. Which the OP disturbed. What do you do when a student makes it so other students can't learn? Send them to ISS or suspend them.
Because one kid, having this conversation on FB about a school employee, obviously disrupted the learning environment so much that they needed to remove him. One kid doesn't get to run that school with his outbursts. Or those that he incites.
I'm sure that the members here can't even imagine what it's like trying to keep the peace in a school, trying to keep the environment friendly enough that students can enjoy their learning, but I can. And I see exactly why they removed this student.
I'm sure that if you look in the student handbook, or code of conduct, that there is a rule that students cannot disrupt learning for others. Which is exactly what this student did.
Funny - because we're talking about conversation at school. The FB posts occurred outside of the school. Back to the billboard analogy: If the people who were allowed to peek under the cloth talk about it at school, does give cause for the student to be suspended?
Really? The OP states the suspension was due to the failure to provide a FB password. I doubt there is any compelling reason for the student to be suspended due to this, as there are myriad other ways for the information to be obtained. I tend to agree that this is bullying by the administration of the school.Have you run a school? Because I have, and I know exactly why the student got suspended. And I explained it here. Multiple times.
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I believe the distinction Humusluvr is trying to make is:
Facebook is interactive.
A billboard is not.
I am not chiming in on either side of the issue - this is not my area of expertise. I am simply attempting to clarify a point of definition that does not seem to be clear.
Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
Note the OP's own words.
He was suspended for disrupting school.
And the people who CHOSE to take part in the conversation, on his FB wall, added conversation that may have been hostile, defamatory, or aggressive. And everyone saw it.
He started it. He took the fall for it. Even if he didn't intend for it to happen, if he wouldn't have written something so stupid, he wouldn't have gotten suspended. And if he would have provided his FB password, so the school admin could see WHO was at fault, and when it occurred, he took ownership of the post and it's contents.
Live and learn.
Ok, then how will obtaining the FB password show anything? It's not the posting that caused the problem, it's the conversation about the posting, right? If the conversation is disrupting the school, then the participants in the conversation should be disciplined. Not the person who was exercising their free speech rights outside of school.
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I am not an attorney. Review any information to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Gender references shall apply equally to either gender.
**
Looking for an attorney? You can go to the home page at www.freeadvice.com and click on the Ask a Lawyer link (or, simply go to www.freeadvice.com/law-questions which is a direct link)
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I am not an attorney. Review any information to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Gender references shall apply equally to either gender.
**
Looking for an attorney? You can go to the home page at www.freeadvice.com and click on the Ask a Lawyer link (or, simply go to www.freeadvice.com/law-questions which is a direct link)
**
I am not an attorney. Review any information to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Gender references shall apply equally to either gender.
**
Looking for an attorney? You can go to the home page at www.freeadvice.com and click on the Ask a Lawyer link (or, simply go to www.freeadvice.com/law-questions which is a direct link)
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