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Accused of Identity Theft

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nuclei19

Guest
What is the name of your state? pennsylvania

In a joke on a friend, a student makes an AOL Instant Messenger screen name outside of school with his teacher's name in the screen name. The student IM's his friends pretending to be the teacher. Some know its the student others are under the impression its the teacher. The teacher is made aware of this and accuses the student of identity theft. Is this really identity theft or is the teacher committing slander? The student never stole any personal information from the teacher to use for economic gain. Is the student being falsely accused?
 


I AM ALWAYS LIABLE

Senior Member
nuclei19 said:
What is the name of your state? pennsylvania

In a joke on a friend, a student makes an AOL Instant Messenger screen name outside of school with his teacher's name in the screen name. The student IM's his friends pretending to be the teacher. Some know its the student others are under the impression its the teacher. The teacher is made aware of this and accuses the student of identity theft. Is this really identity theft or is the teacher committing slander? The student never stole any personal information from the teacher to use for economic gain. Is the student being falsely accused?


My response:

Let me guess . . . The teacher is a female, correct?

IAAL
 
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nuclei19

Guest
yes the teacher is female, the school also wants to suspend the student for 3 days ISS, however the school should have no jurisdiction over it because it occured on a computer outside of school not dealing with the schools network, am I correct in saying they have violated the students First Amendment rights? Can they punish the student?
 
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I AM ALWAYS LIABLE

Senior Member
nuclei19 said:
yes the teacher is female, the school also wants to suspend the student for 3 days ISS, however the school should have no jurisdiction over it because it occured on a computer outside of school not dealing with the schools network, am I correct in saying they have violated the students First Amendment rights? Can they punish the student?


My response:

I knew the teacher was a female. Females come from an "emotional", knee-jerk, standpoint without any knowledge of the actual law involved. Bottom line for her is that she doesn't like, what she thinks is her name, being used.

Well, guess what?

That's just tough. There's nothing in the law that says you can't use any name you want - - as long as you're not trying to defraud someone, or escape criminal prosecution. Other than that, it's fair game.

If the student is suspended, take the principle and school district to court. There is no justification for the suspension - - even if the messages were the raunchiest messages on the planet.

Let me further guess - - if I opened the telephone book, the teacher's name is probably so common, that there would be more than one person with that name. And, if that's so, and the other person does something wrong; e.g., commits a crime, would she sue that other person that ALSO has the same name?

What stage of the suspension process is this matter? You may be able to file a Superior Court Injunction to stop the process.

IAAL
 
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nuclei19

Guest
The teachers name is a common name, the assitant principle who deals with dicipline is making his decision monday. The student already has sources (like the American Civil Liberties Union) of cases where students have sued the school for violating first amendment rights and won. The student is ready to present them to the priniciple if he inforces the suspension
 

I AM ALWAYS LIABLE

Senior Member
nuclei19 said:
The teachers name is a common name, the assitant principle who deals with dicipline is making his decision monday. The student already has sources (like the American Civil Liberties Union) of cases where students have sued the school for violating first amendment rights and won. The student is ready to present them to the priniciple if he inforces the suspension

My response:

If I were the student, I wouldn't even bother going to the meeting. It's a foregone conclusion what's going to happen because the teacher "expects" action, and to be vindicated. And the VP is going to give that complaining, whiny, bitch everything she wants because she's a school teacher.

Instead, I would head to my attorney's office and immediately file for an Injunction, and an Order to Show Cause, to stop the suspension process altogether.

But, that's just me.

IAAL
 
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nuclei19

Guest
this has probably turned more into something that belongs in the civil rights forum but a little update...

the assistant principle has kept with his suspension saying that the student "misrepresented a teacher" eventhough it was outside of school and says they broke an "Acceptable Use Policy" the school has in place; however, all the rules on this policy deal with the use of school computers on the school district's network and this occurred outside of school on the students personal computer. The assistant principle has issued a 3 Day ISS. The student is now appealing to the head principle but if that is no use, his parents are going to contact an attorney.

Does the student stand a good chance in court?
 

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