My daughter (8th grade public school) was involved in an incident last week. A student took a picture of a teacher and passed it on to other students. My daughter was one of the many to receive the picture and unfortunately she also passed it on. Word spread. My daughter was called down to the principal's office. He told my daughter to take out her cell phone and open her Instagram. She did. He grabbed the cell phone out of her hands and proceeded to go through all of her pictures on Instagram. Ultimately, my daughter received out of school suspension, even though the photo was not on her phone anymore. Their reasoning was "making false accusations against a staff member and being in possession of and distributing and altered photograph depicting a school staff member in an inappropriate manner." My daughter is a straight A student & in the National Honor Society. She has NEVER been in trouble. Is it "legal" for the principal to go through her phone without permission? I, as well as my daughter, feel completely violated. I feel as if there is no way he should have taken the phone from her and went through pictures without my permission. She is a minor. It is MY phone. Any advise?
This is a CLASSIC example of the struggle with such issues in a legal and societal sense. You should be MORE concerned, as a parent, with why your honor student somehow has a moral compass that pointed to "its ok" to publicly humiliate or shame anyone, let alone her teacher or an authority figure, and her moral and ethical decision making in that regard. Moreover, since you weren't there, the characterization of "grabbed her phone" or whatever your child claims occurred is likely tainted for a variety of reasons, including fear of parental repercussion. That stated, its impossible to tell if your daughters "rights were violated" as it seems there is likely evidence that supports her conduct that was readily available and possibly some level of admission to same. Hopefully, this will be a learning point for her that you as a parent can reinforce with her personal responsibility, not lashing out at the victim of her misconduct with efforts to transform the perpetrator into victim under the auspices of " her rights."
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline