Issue: can school authorities impose disciplinary actions on students for violating a law even the if unlawful act was committed outside the school premises, beyond class hours and was not in any way related to a school activity?
In Michigan, 20 underaged students went drinking, took photos and posted the photos on the internet. Someone squealed and gave out the URLs to the school authorities. On the basis of those photos, the 20 students were disciplined.
Dawgnet staff writer Tim Maurer says one mother thinks the school had no right to do so since the photos were insufficient evidence.
This isn’t a question of evidence. Those photos are sufficient evidence.
This is a matter of authority and jurisdiction. The school exercises substitute parental authority over the students but that authority is only good within the school premises. One possible exception would be for legal offenses committed in school buses if those buses are owned or operated by the school.
Tim is right. This a matter for the parents and the police.
{ 12 comments… read them below or add one }
rolly 02.13.06 at 5:12 pm
I know some nagging questions.
1. What if the students wore uniforms that unmistakably identify the school and the student does something really scandalous? What if the school has a rule of no smoking within a 200 meter radius? Can this be extended? Will that be constitutional?
2. Is there a law on the use or misuse of the internet considering that it is a public domain?
Sassy Lawyer 02.13.06 at 6:48 pm
general rule? once outside the school, it’s none of the school’s business. even with the uniform. unless the act was done intentionally to embarrass the school.
misuse of the internet… well, the school won’t have authority over it even if a case could be made out.
the remaining possible scenario: if the pics were posted from school computers.
bugsybee 02.13.06 at 8:03 pm
I think it’s unfair that a school cannot discipline a student who behaves scandalously in school uniform even if this is done outside the school premises especially because when something happens people tend to say “it was a student from this or that school”. But, as you said, it’s none of the school’s business. It’s sad but dura lex sed lex.
Sassy Lawyer 02.13.06 at 8:41 pm
Yah, I see your and Tito Rolly’s point. Students in uniform carry the school’s name wherever they go. Still, they are individuals inside the school uniforms, ‘di ba?
van 02.14.06 at 12:27 am
…like a local starlet forced to transfer to a different school once her image is deemed too, um, sexy for the school’s taste? Or a student is made to leave when she gets pregnant?
LOL, catholic schools…
acidboy 02.14.06 at 10:33 am
the drunk students will probably get community service at worst… i’d be more concerned about what will happen to the snitch who told on them.
Sassy Lawyer 02.14.06 at 2:07 pm
van, is that the daughter of a local rapper? the school she had to leave is right here in antipolo hehehehe
acidboy, then the issue of bullying enters the picture.
van 02.14.06 at 11:32 pm
Sassy: LOL, and then some…
acidboy 02.15.06 at 9:57 am
sassy,
well bullying is really part of school life no matter how much schools try to contain it.
btw, speaking of bullies, whats this i heard of an untouchable bully in la salle greenhills and lsgh officials even got accra to enter the fray. this is the first time i heard of this: a major law firm pumapapatol sa case of a big tae-kwon-do practicing bully having his way with a 100 lb guy…
Jon Limjap 02.15.06 at 10:58 am
Ah, reminds me of those stupid nun-driven school policies like bawal magmodel sa ads yung girls from that schools without the nuns’ consent. Or, as said above, the discrimination against girls who get pregnant.
Meron pa nga iba hindi inaadmit sa school nila yung bata kung galing sa broken family or single parent yung magulang.
Wala na silang pakialam, gagawin pa nilang big issue.
I’m sure they’ll all go to hell enforcing such un-Christian policies.
Eddie 02.22.06 at 9:50 pm
A student was upset about a soccer call during a high school game. He later emailed the head of the referee association (after getting the email address from his father) and told wrote it was a bullsh__ call.
School officials had the email forwarded to them and they suspended him from the team.
Do the parents have a legal issue here to protest since this was done at the home of the child.
Sassy Lawyer 03.01.06 at 3:45 pm
The act was incidental to a school activity which makes it a gray area. A viable defense would be that the real aggrieved party is the referee association, not the school.