Schools and facebook stuff

[Humusluvr]

OK, based on what the OP provided, here's how I imagine the situation:

OP: (on his FB wall) Man, that Mrs. Firstclass is a b***h! She failed me! What a c**t!

Friend1: Yeah! What a *****! She probably needs some ****!
Friend2: (during school time) I heard she's ****ing some kid.
Friend1: No way!
Friend2: Yeah, dude, someone needs to beat that lady up. She sucks!

and so the conversation goes on and on and on, and 100 students see it. And they talk about it during school hours. And they comment on the post, during school hours. Even though OP expressed his opinion, be it crudely, he is the "owner" of that thread that expressed slander and defamed the teacher during school hours.

He could have proven he wasn't the one who defamed the teacher. He chose not to. He refused to provide the school with what the post actually said, fearing punishment. He messed up.

I'm sure he'll come back after school and tell us what his post actually said.

 

[>Charlotte<]

Is Tony getting suspended? Why not?

I wouldn't expect Tony to be suspended for saying something about himself, even if it resulted in disruptive gossip.

But what if Tony posts that a male classmate is dating a boy, which results in disruptive gossip and derision suffered by the classmate?

Can OP's scenario be construed as bullying of the teacher by OP?

 

[Humusluvr]

Here's my old code of conduct. I'm sure most schools have similar ones.

The district has disciplinary authority over a student:
• during the regular school day and while the student is going to and from school on district transportation:
• during lunch periods in which a student is allowed to leave campus;
• while the student is in attendance at any school-related activity, regardless of time or location;
• for any school-related misconduct, regardless of time or location;
• when retaliation against a school employee or volunteer occurs or is threatened, regardless of time or location;
• when criminal mischief is committed on or off school property or at a school-related event;
• for certain offenses committed within 500 feet of school property as measured from any point on the school’s real property boundary line;
• for certain offenses committed while on school property or while attending a school-sponsored or school-related activity of another district in Texas; and
• when the student commits a felony, as provided by Texas Education Code 37.006 or 37.0081.

Note the bolded.

 

[Humusluvr]

and then there's this:

LEVEL 2: ADMINISTRATOR DIRECTED DISCIPLINE
Some infractions will result in a referral to an administrator. The disciplinary actions will depend on the offense, previous infractions, and the seriousness of the misbehavior. Included are those student acts that interfere with the orderly educational process in the classroom and/or the school. A teacher who observes a student engaged in a Level II or higher misconduct will make a written report to the principal or other appropriate administrator.

General Misconduct Violations: (Level 2)
• repeatedly being defiant
• repeatedly throws objects, outside supervised school activities, that can cause bodily injury or damage property
• disruptive behavior on school bus and/or disobeying rules for conduct on school buses
• loitering in unauthorized areas
• engaged in a verbal confrontation
• using of beepers, cellular phones, or other electronic devices during the school day
• posting unauthorized materials on school grounds
• repeatedly uses profanity/offensive language toward other students or district employees
• repeated/continuation of Level I misbehavior with proper documentation provided to administration
• skipping class
• displays flagrant or extreme insubordination
• leaves school grounds or school-sponsored events without permission
• stealing from students, staff, or the school
• discharging a fire extinguisher
• gambling
• falsifying records, passes, or other school-related documents
• repeatedly violating other communicated campus or classroom standards of behavior
• any other act that interferes with the orderly educational process in the classroom and/or the school

So, this outlines why he would have been suspended.

 

[>Charlotte<]

I see your point, H, but can school regulations supersede legal protection?

I think it's safe to assume that whatever this kid wrote was profane, and may even have had sexual subtext.

Suppose the kid drew a pornographic picture of the teacher, tacked it to his bedroom wall, and invited his friends over to see it. Could the school demand access to his room?

 

[Zigner]

I see the point that Humus is trying to make. I disagree as to the appropriateness of the action taken, even in light of the point that Humus is trying to make.

 

[Zigner]

• repeatedly being defiant

Saying no to an unreasonable request is not being defiant.

• repeatedly uses profanity/offensive language toward other students or district employees

How can the school override the constitution?

• displays flagrant or extreme insubordination

Refusing an unreasonable request that has no basis in law is not insubordination.

• repeatedly violating other communicated campus or classroom standards of behavior

Irrelevant, as this did not occur on campus.

• any other act that interferes with the orderly educational process in the classroom and/or the school

The OP didn't interfere. Arguably, the other students did...but not the OP.

• for any school-related misconduct, regardless of time or location;

This is not school related misconduct.

• when retaliation against a school employee or volunteer occurs or is threatened, regardless of time or location;

What retaliation?

 

[Humusluvr]

Saying no to an unreasonable request is not being defiant.

How can the school override the constitution?
Refusing an unreasonable request that has no basis in law is not insubordination.


Irrelevant, as this did not occur on campus.

The OP didn't interfere. Arguably, the other students did...but not the OP.

This is not school related misconduct.

What retaliation?

Let's stick with this one: "repeatedly uses profanity/offensive language toward other students or district employees" and "any other act that interferes with the orderly educational process in the classroom and/or the school."

You are free to use profanity under the constitution. But, you are not free to use it as hate speech, or to threaten another person.

Here's a great article on "Free Speech vs Hate Speech"

Free Speech: Campus Hate Speech Codes

 

[>Charlotte<]

My "room" analogy brings something else to mind.

One possible retort to that analogy is "no, his parents own--and have ultimate control over--his room".

On that train of thought, Facebook has ultimate control and authority over all accounts, and it has very explicit policies with regard to account sharing. I don't know for sure, but I believe it violates FB's TOS to give one's log-in information to another person. As we have all seen on this very site (you seniors know what I'm talking about), a violation of TOS can result in serious penalties.

So, did the school force OP to commit a civil violation?

 

[Humusluvr]

My "room" analogy brings something else to mind.

One possible retort to that analogy is "no, his parents own--and have ultimate control over--his room".

On that train of thought, Facebook has ultimate control and authority over all accounts, and it has very explicit policies with regard to account sharing. I don't know for sure, but I believe it violates FB's TOS to give one's log-in information to another person. As we have all seen on this very site (you seniors know what I'm talking about), a violation of TOS can result in serious penalties.

So, did the school force OP to commit a civil violation?

The school isn't looking to post under his name. They are not asking to share his account. They are asking to view what was posted. They asked. He didn't. So, the school moved on. And suspended him for what they were going to suspend him for anyways.

 

[Zigner]

Did you READ the article?

At Emory University, certain conduct that is permissible off campus is not allowed on campus.

and

Court rulings have prohibited public (state-run) colleges and universities from enacting codes that restrict the constitutional right to free speech based on content.

And, we've already addressed the fact that the kids conversing about this caused a disruption at the school, not the OP.

 

[Zigner]

The school isn't looking to post under his name. They are not asking to share his account. They are asking to view what was posted. They asked. He didn't. So, the school moved on. And suspended him for what they were going to suspend him for anyways.

No, they suspended him for standing up for his rights and saying NO to an unreasonable request (and a request of dubious legality to boot!)

 

[Humusluvr]

And, we've already addressed the fact that the kids conversing about this caused a disruption at the school, not the OP.

The OP began the discussion. It was his discussion to begin with. He was "owner" of the smoking note.

 

[Humusluvr]

No, they suspended him for standing up for his rights and saying NO to an unreasonable request (and a request of dubious legality to boot!)

No, they didn't. OP said so like three pages back.

 

[Zigner]

No, they didn't. OP said so like three pages back.

And, now we're back to the "stated reason" as opposed to the "real reason"