QUESTION
Can a school give in school suspension for a bitter text sent after school hours and off of school property?
Asked on Feb 12th, 2013 on Litigation - New York
More details to this question:
My daughter sent a classmate a bitter text message because the girl was bothering her. She sent the message from home after school.
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't know. Depends on statutes, ordinances, rules, regulations. Common sense and giving the teacher some authority to discipline their students and rein in bad behavior.are you sure you have all the facts and have you talked to the teacher and principal to see what is really up here or are you just relying on what your kid says about it all.
Answered on Feb 18th, 2013 at 8:20 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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A school has wide discretion in suspending students, and probably can suspend for this behavior. You normally have certain rights to appeal suspensions.
Answered on Feb 18th, 2013 at 2:35 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Schools can suspend and discipline children for activity that takes place off of school grounds if it somehow creates a disruption or problems at school. Any school suspension can be challenged and you should if you feel that it is unjust or the punishment too severe for the infraction. You can even have an attorney represent you if you wish.
Answered on Feb 18th, 2013 at 2:34 PM
Lately it seems it's being litigated in the area of high school athletes and drinking alcohol off school grounds during their personal time. But codes of conduct seem to apply and without more I would not be able to answer your question other than to refer you to any code of conduct applicable to those high school students. Start there, read it and then research the law applicable to school codes of conduct.
Answered on Feb 18th, 2013 at 2:33 PM
Michael J. Breczinski
I would expect the school to deal with one child bullying another after school if it was school related. This is the same thing.
Answered on Feb 17th, 2013 at 11:38 PM
Not if there was no connection with the school. There also First Amendment right.
Answered on Feb 17th, 2013 at 10:03 PM
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You need to fight this suspension.
Answered on Feb 17th, 2013 at 9:27 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Probably. The school likely has a written policy. They should be able to point to a specific provision of the policy that they claim to have been violated. Doubless, they want to quell the bitterness before it gets any worse.
Answered on Feb 17th, 2013 at 9:23 PM