Defamtion of Character?

[sayville]

undefinedWhat is the name of your state? North Carolina

I was suspended from my teaching job with pay the day after I was arrested for a DUI. I was not intoxicated --have medical disability--Minier's disease. Subsequently I was found innocent. The week after I was suspended, school officials searched through my desk and closet in my classroom. They removed 5 personally labeled floppy diskd from my room and were later returned. The technology teacher was asked if she had ever deleted anything from my computer. Other teachers were also asked personal questions regarding me referring to the use of drugs. The computer towers were removed from my room and a do not enter sign was placed on my closet door. I know this is school property, but don't I have a right to reasonable privacy? Can they legally take personal items from my room?
I am a national board certified teacher with an impecable record as far as my personnel file is concerned.
I feel that my character has been assasinated and attacked.
Do I have any legal case?

 

[JETX]

Do I have any legal case?

No. 'They' own the school, computers and premises. You did not have an expectation of privacy with THEIR property.

 

[seniorjudge]

"I feel that my character has been assasinated and attacked."

By what?

How do you connect the DUI arrest with the subsequent search?

 

[sayville]

My Point

North carolina

I know that it is their school and they have a right to remove their computers, but do they have a right to remove my personal property from my desk and out of my classroom?

And--what does a DUI have to do with searching a class and removing floppy disks? I ask myself the same question. Asking colleagues if they have removed things from my computer or implying that I do drugs at school leads people to question my character.

After suspending me, they realized that I was actually innocent and they had nothing. So they dug for anything they could find--which was nothing.

To me--the floppy disks and computers would lead people to think of child pornography. And the drug references would lead people to think I am an addict.

I worked and was respected by these people for 7 years, and now they were questioning my moral character by the actions of school officials.

 

[seniorjudge]

You may have a fourth amendment question here; but I am not sure what your remedies would be since you have not indicated how or why you were damaged.

"To me--the floppy disks and computers would lead people to think of child pornography. And the drug references would lead people to think I am an addict."

Tell us more about this, please.

 

[JETX]

I know that it is their school and they have a right to remove their computers, but do they have a right to remove my personal property from my desk and out of my classroom?

Or more accurately....
'Do they have a right to remove my personal property from THEIR desk and out of THEIR classroom?' The answer is: yes.

And--what does a DUI have to do with searching a class and removing floppy disks? I ask myself the same question. Asking colleagues if they have removed things from my computer or implying that I do drugs at school leads people to question my character.

You are assuming that the 'search' and disks are somehow related to the DUI. Personally, I think you are being paranoid about this entire issue. If you want, talk with a local attorney who might be able to review ALL of the facts and advise you of what, if any, options you might have.

 

[sayville]

Right to Reasonable Privacy

As far as the school officials being able to search and seize property because it is there school, don't employees have a right to reasonable space and privacy? For example, if I was a woman with a purse, could they look through the contents because I am in their school? Are employee lockers searched in work places? Are desk contents searched -even if they are owned by employer?

I could see if I was accused of stealing or arested for molesting a kid, but what were they searching for? What were they expecting to find on my personal floppy disks? Where is the correlation with being arrested for DUI?

 

[seniorjudge]

A purse is an entirely different matter than a desk.

You have the expectation of privacy for your purse; you do not have the expectation of privacy for a desk belonging to your employer.

 

[sayville]

Paranoid?

I was suspended from work on Friday, no one knew thereason why. When teachers or parents asked where I was, they said I was sick. The following Friday morning at 6 am (2 hours before school start) my teaching assistant arrived early and saw 2 county office searching desk and closet while my assistant principal watched. The following week the assistant principal handed back the floppy disks(which were labeled with my name--and NOT school property) and told him he could put the disks back in my desk. The closet door was locked and a special needs teacher I work with was told to put up a do not enter sign. Then the 3 computers in my room were removed(1 had been broken) when asked where they were, they were told that they were being fixed. Even though the onethat was originally broken came back still broken.

The technology teacher was asked if she had ever removed anything from my computer(she is the only one with password to perform deletions). She was also asked if she had ever seen anything strange on my computer. I am no rocket scientist, but she later told me that it gave her the impression they were talking about child pornography.

The county's lawyer then met with the 3 other colleagues in my grade level. They were asked questions about what I do in car, fall asleep in class, who are his friends, when have you last talked to him, etc. This also lead them to believe that I was using and doing drugs at school.

Nobody was supposed to officially know I was suspended, but the principal typed 2 memos, and in each one she mentioned that she has yet to find someone to fill my position.

I worked at that school for 7 years without any disciplinary actions. All of my observations and end of year evaluations were outstanding. I continuously had the highest end of year test scores in the school. I also was a mentor and became National Board certified two years ago.

I do not think I am being paranoid--it was a witchhunt by the assistant superintendent of personnel!

and if you really believe they have the right to take my things because it is in their school and on their property, then maybe it is time to relinquish search warrants.

 

[seniorjudge]

"The technology teacher was asked if she had ever removed anything from my computer(she is the only one with password to perform deletions). She was also asked if she had ever seen anything strange on my computer. I am no rocket scientist, but she later told me that it gave her the impression they were talking about child pornography."

I am missing the logical jump here...please supply it for me.

 

[sayville]

Logic

I one day disappear from school and no one knows why---and the teacher is asked questions about my computer---she has nevr been asked these questions about other computers---Naturally she assumed they thought there was something on my computer--so what would be something bad on a teachers computer? pornography

this all had to do with my suspension--like I said, when they realized they jumped the gun and suspended me, they started looking for anything they could find. That technology teacher left the office thinking I was in trouble because of something to do with pornography on a computer

and I still disagree about desk thing---I believe it was an illegal search and seizure, and wherever the disks ended up in the county is guilty of posession of stolen property.

Who owns the White House? the government---which is selected and supported by the people through taxes. So, theoretically, don't we the people own the White House? After all, we pay for it. So does that mean anyone can go rummage through and remove items from Bush's desk?

**I know, bad analogy but the only thing I could think of at the moment

 

[sayville]

4th Ammendment

Here's the Fourth Amendment:
Amendment Article 4
Right of Search and Seizure Regulated.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[JETX]

Christ, why is this thread still open???
It is clear.... that the OP has NO interest in hearing the FACTS if they do not support her erroneous opinion.
And though the OP has no case, he/she certainly has the right to contact a local attorney for a confirmation.
Case closed..... please??

 

[christinemm]

it reallt sucks what is happening to you here. dont expect anything but a wise ass remark from the idiots here. that think my question about harressing my sons molester is a joke and all they can do is correct my spelling. this place is a joke. all I can offer you is life is not fair all the time. But things can be alot worse. they really can- try to see that I know its hard. And when it comes to children it is always better to be safe than sorry. I know deep down you can understand that. Maybe this is really a blessing and you will move on to big and better things from all this. Good luck

 

[seniorjudge]

I one day disappear from school and no one knows why...

Me neither.

Anyway, since you are not interested in answering my questions, I give up.