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Diary was read

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Galexb4055

Junior Member
What is the name of your state (only U.S. law)? AZ

My daughter has a diary that was in her desk, one of the girls in the other class removed and read the diary, my daughter had written, 3 months prior, that one of her teachers was the b word. The girl who took the book and read it showed it around the room and then gave it to her teacher. Well needless to say the teacher then read it and told several other teachers about it. Of course they gave our daughter a 3 day suspension and nothing was said to the child who stole it out of her desk and passed it around. My daughter had written this note when the teacher had refused to take her homework that was done and completed because she did all of the questions at the end of the chapter and not just the even numbers. She thought she was doing something that would show the teacher she had initiative and was a hard worker, when she got the zero on the assignment she wrote her frustrations in her diary. We encourage her to write her frustrations down and not act out on them. Did the school do anything wrong in reading this? I feel that her rights were violated and when I have tried to discuss this with the teacher who read the diary she refuses to speak to us and had the principal call, who basically said he could do what ever he liked and would not discuss this any further and hung up the phone. Now I am frustrated any help?
 
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Just Blue

Senior Member
What is the name of your state (only U.S. law)? AZ

My daughter has a diary that was in her desk, one of the girls in the other class removed and read the diary, my daughter had written, 3 months prior, that one of her teachers was the b word. The girl who took the book and read it showed it around the room and then gave it to her teacher. Well needless to say the teacher then read it and told several other teachers about it. Of course they gave our daughter a 3 day suspension and nothing was said to the child who stole it out of her desk and passed it around. My daughter had written this note when the teacher had refused to take her homework that was done and completed because she did all of the questions at the end of the chapter and not just the even numbers. She thought she was doing something that would show the teacher she had initiative and was a hard worker, when she got the zero on the assignment she wrote her frustrations in her diary. We encourage her to write her frustrations down and not act out on them. Did the school do anything wrong in reading this I feel that her rights were violated and when I have tried to discuss this with the teacher who read the diary and she refuses to speak to us and had the principal call who basically said he could do what ever he liked and would not discuss this any further and hung up the phone. Now I am frustrated any help?What is the name of your state (only U.S. law)?
Why do you think your daughter has a "right" to call her teacher a "B"? "Her" desk is not HER posession...She shouldn't be leaving any private personal items in there. And of course the Principal wouldn't discuss this with you. Your daughter was wrong and you have the audacity to call and complain about the teacher. I wouldn't bother talking to you either.
 

Zigner

Senior Member, Non-Attorney
While I agree with you on principal Bay - I am thinking that this would be considered a free speech issue and an expression of opinion.
Of course, I wouldn't be at all happy if MY child chose to express herself that way...
 
I believe writing in a diary or any other form of writing is a fantastic way to outlet the strong feelings of anyone, I would certainly encourage my youngin to write instead of act. it's really nice getting older and re reading your earlier work, remember how things went and maybe how to improve the outcome if the situation arises again. So the diary is a great idea but...

But she certainly shouldn’t have kept it at school. The school in my opinion was very harsh on your daughter for her private thoughts, but as the school it can really go anywhere and see anything and react however they want to.

I would complain more to the school about doing nothing to the student who took the book in the first place, instead of arguing that the teacher WAS being a b**ch.


Lifes not fair, and school is not somewhere you want to bring private items. Lesson learned.
 

wyett717

Member
The daughter's desk is the property of the school, so they have every right to access anything in it. Yes, it was an invasion of privacy when the other student read the diary, but it isn't illegal.

I don't believe those words were extreme (perhaps uncalled for), but, any signs of aggression or anger towards teachers are being taken very seriously these days, as they should be.
 

njjean

Member
Out of curiosity, how old is this child?

The daughter's desk is the property of the school, so they have every right to access anything in it. Yes, it was an invasion of privacy when the other student read the diary, but it isn't illegal.
I think this important fact is being overlooked: The school did not go into into the desk; another student did so.

The diary is a personal possession and the kid can write her opinion in it. It is a parenting issue provided the kid isn't making threats or causing a disturbance in school.

It looks like the disturbance was caused by the other student, but the teacher did not care about that but only that she had been insulted.

I don't believe those words were extreme (perhaps uncalled for), but, any signs of aggression or anger towards teachers are being taken very seriously these days, as they should be.
I agree with you on the aggression point, but anger can be a good emotion. People who don't get angry are usually the ones who get even instead. It is all in how you use your anger....
 
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cyjeff

Senior Member
Out of curiosity, how old is this child?
Irrelevant.

I think this important fact is being overlooked: The school did not go into into the desk; another student did so.

The diary is a personal possession and the kid can write her opinion in it. It is a parenting issue provided the kid isn't making threats or causing a disturbance in school.
A child has no reasonable expectation of privacy for any item in school property. Desk, locker, anything is subject to search depending on local statute.

It looks like the disturbance was caused by the other student, but the teacher did not care about that but only that she had been insulted.
A perfectly normal reaction.

If mom wants to sue the other child (and her/his parents) for civil damages, she may.

I agree with you on the aggression point, but anger can be a good emotion. People who don't get angry are usually the ones who get even instead. It is all in how you use your anger....
Please quote the statistical survey used for this judgment of "people who don't get angry are usually the ones who get even instead" (grammatical error yours).

If you are not a licensed mental health professional or cannot quote one, please do not post questionable statistical references for nebulous claims.

They muddy the water and a lesser person might think you a moron.
 

njjean

Member
Irrelevant.
To you perhaps; but I am curious. A 7 year old using the "b" word is much more disturbing than a teen.

A child has no reasonable expectation of privacy for any item in school property. Desk, locker, anything is subject to search depending on local statute.
"subject to search" by school officials. Other students have no right to take other students personal possessions.

A perfectly normal reaction.
Yes. However, because she was more concerned about herself being insulted, she neglected her duties as a teacher to react and attend to the immoral actions of the child that took the diary from the other student to begin with.

If mom wants to sue the other child (and her/his parents) for civil damages, she may.
If they want..

Please quote the statistical survey used for this judgment of "people who don't get angry are usually the ones who get even instead" (grammatical error yours).

If you are not a licensed mental health professional or cannot quote one, please do not post questionable statistical references for nebulous claims.
You are correct. I should have said "people who do not effectively express their anger"

Here is some good reading material.

Dr. Les Carter : Suppressed Anger
Depression & Anger
When anger's a plus
http://www.lyselebeau.com/articles/Intimacy_and_Revenge.pdf

Plus, common sense and life experience.

They muddy the water and a lesser person might think you a moron.
Naturally. :rolleyes:
 

cyjeff

Senior Member
To you perhaps; but I am curious. A 7 year old using the "b" word is much more disturbing than a teen.
Again, irrelevant. Saying WHY you want to know something irrelevant doesn't mean we all say, "OHHHHH!"

"subject to search" by school officials. Other students have no right to take other students personal possessions.
But most students ARE bound by an honor code that states if they believe another student is acting in an inappropriate or dangerous way that they have the responsibility and right to bring it to the school's attention.

Yes. However, because she was more concerned about herself being insulted, she neglected her duties as a teacher to react and attend to the immoral actions of the child that took the diary from the other student to begin with.
You really don't know anything about how a school works, do you?

The teacher had nothing to do with the disciplinary action EXCEPT as a reporter and/or witness.

Her feelings may have been taken into account, but were not the primary focus of the punishment.

If they want..
Cool. We both agree that I am right.

You are correct. I should have said "people who do not effectively express their anger"

Here is some good reading material.
I can only comment on what you say. Talk less and read more may be a wise course of action for you.

Having said that, you are going to need more than a half-assed google search to actually prove your claim...

Nothing about getting EVEN here...

The more of these statements that you can check, the more inclined you are to suppress your anger. Be aware, though, that this does not mean your problems with anger are solved. In fact, they are only heightened. Think of your kitchen trash sack. When you place trash there, then no one takes it out at the end of the day, you can probably get away with it. But let’s suppose several more days go by and it still has not been taken out. It gets overflowing and smelly! The same can be said about the suppression of anger. If you do not let it out, at first it would seem that you have avoided a problem, but over time be prepared to live with the effects of many emotional issues that have “piled up” in your personality. The result will be depression, bitterness, disillusionment and the like.

Depression & Anger

Nothing here about getting even either...

Suppressing our anger

Repressing it, internalizing it, turning it back on ourselves, swallowing it, storing it within us, inhibiting it, burying it, ''eating it,'' "stuffing it," can have catastrophic results for our health.

Furthermore, the very act of holding anger in itself takes energy-which is unhealthy because it leaves us less energy for everything positive in our lives. So when we hold in anger, we're tired most of the time. We fall prey to infection. We have problems performing sexually.

Finally, to numb the anger that is chained inside us, we are likely to be driven to addiction: to alcohol, drugs, food, work, TV, sex, sleep, or compulsive behavior.

or here...

Or here. I will grant you that this was the closest study... but two problems... One, no statistical basis for the study... Two, it states that the anger will be turned INWARD.

So, I am still waiting for a study that links suppressed anger to hostility to others.

Plus, common sense and life experience.
I've read your posts... you will need more than that.

Naturally. :rolleyes:
No, legally.
 

njjean

Member
While you continue to provoke me to ANGER...

Again, irrelevant. Saying WHY you want to know something irrelevant doesn't mean we all say, "OHHHHH!"



But most students ARE bound by an honor code that states if they believe another student is acting in an inappropriate or dangerous way that they have the responsibility and right to bring it to the school's attention.



You really don't know anything about how a school works, do you?

The teacher had nothing to do with the disciplinary action EXCEPT as a reporter and/or witness.

Her feelings may have been taken into account, but were not the primary focus of the punishment.



Cool. We both agree that I am right.



I can only comment on what you say. Talk less and read more may be a wise course of action for you.

Having said that, you are going to need more than a half-assed google search to actually prove your claim...



Nothing about getting EVEN here...


Depression & Anger

Nothing here about getting even either...




or here...



Or here. I will grant you that this was the closest study... but two problems... One, no statistical basis for the study... Two, it states that the anger will be turned INWARD.

So, I am still waiting for a study that links suppressed anger to hostility to others.



I've read your posts... you will need more than that.



No, legally.
...I choose not to seek revenge.

I do NOT need your approval, your "OHHH", nor must I prove anything to you.

However, don't you think it is a bit of a stretch that your so-called HONOR system, would require someone to steal a student's property. And there was no mention of a "student is acting in an inappropriate or dangerous way"

End of discussion
 

Just Blue

Senior Member
...I choose not to seek revenge.

I do NOT need your approval, your "OHHH", nor must I prove anything to you.

However, don't you think it is a bit of a stretch that your so-called HONOR system, would require someone to steal a student's property. And there was no mention of a "student is acting in an inappropriate or dangerous way"

End of discussion
Please provide a legal basis for ANY of your posts... Where does it state in statue for the state in question that items in the DESK of a student are sacrosanct from either the school or another student??? There is plenty of case law ans state stat's to back up the idea that a students locker/desk is NOT protected by a "privacy" laws. Police/Schools Officials do not need a warrant to search. I doubt a student that "takes" a diary and turns it over to officials would have charges or civil fines levied against him/her.

PROVE YOUR CASE NJJEAN!

You need to back up your statements with statutes and case law on this site. Period. So far you only "scold" members for their postings...So back up your post...:rolleyes:
 

njjean

Member
Don't twist my words

Please provide a legal basis for ANY of your posts... Where does it state in statue for the state in question that items in the DESK of a student are sacrosanct from either the school or another student??? There is plenty of case law ans state stat's to back up the idea that a students locker/desk is NOT protected by a "privacy" laws. Police/Schools Officials do not need a warrant to search. I doubt a student that "takes" a diary and turns it over to officials would have charges or civil fines levied against him/her.

PROVE YOUR CASE NJJEAN!

You need to back up your statements with statutes and case law on this site. Period. So far you only "scold" members for their postings...So back up your post...:rolleyes:
Are you not scolding me? You always hold me to a higher standard than you do yourself because you don't like me or what I say. How often have you posted case law? And not only do you "scold" people all the time, you outright insult them on a regular basis. Get over yourself, BS Girl.

I know OFFICIALS do not need a warant to search. They can confiscate private property. I did not say that the student who took the diary would face any charges or fines.

Some things to be researched are:
Is it LEGAL for another STUDENT to take private property?
(You "doubt" it, but don't KNOW either.)
Is it LEGAL for ANYONE to READ the diary even if it were confiscated LEGALLY?
Is it LEGAL for a child to be PUNISHED by a school for what she legally writes in her own private personal property?

A diary is KNOWN to contain private thoughts. It is a way to vent about your feelings and problems. It is healthy. It is LEGAL. I don't believe it is REASONABLE for a child to be punished by a govt entity for what she LEGALLY writes in her own diary. It is simply an EMOTIONAL response from the school.

We need more logic and less emotion here.
 

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