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Home > Law > Other Law   »   Education discipline appeal

 
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Old May 25, 2007, 12:23 PM
phoffman
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Education discipline appeal

A student in our school anonymously gave the principal a photocopy of a yearbook page in which a student athlete admitted to heavy drinking on more than one occasion. The student was suspended from team games for a few games as per the school's co-curricular code (drinking is strictly forbidden). The parents of the student claim the suspension is not legitimate because the photocopy was not obtained legally. The question is whether the information in the photocopied yearbook page can be used to determine the student's eligibility to play for the team.

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Old May 25, 2007, 12:37 PM   #2  
tickle
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What has legal got to do with it, he was caught dead to rights where he admitted the heavy drinking.
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Old May 25, 2007, 03:19 PM   #3  
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Since this information was in Yearbook, anyone can view it, right? What is so private about a Yearbook? Nothing.
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Old May 25, 2007, 03:39 PM   #4  
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If this was in the published yearbook, then its public information and any right to privacy is gone. If this was a proof page that did not make the printed version, it would depend on several factors whether the principal had a right to use the information. However, a school is not a court of law. The rules of evidence do not have to be followed as strictly.

Bottomline in my opinion, is that the only way the principal acted improperly would be if he didn't investigate and confirm what the page said before imposing the suspension.

Also, in my opinion, the parents need a wakeup call. Instead of trying to get their son help, they are trying to weasel out.
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Old May 25, 2007, 04:54 PM   #5  
Fr_Chuck
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First remember school policy and procedure is not a court of law. They are not obligated to rules and procedures of courts of law. There is no real "illegal" evidence in a school hearing, unless they want to prosecute in court. Charge him with underage drinking in court.

But they were merely given the evidence, even in a court of law, if they had been given this by a witness ( non police) there is no illegally gained evidnce issue.
The school did not sneak into his home, open his locker, this was just another student,

So no, there is no legal bearing for the parents case. School should perhaps turn this over to the police for investigation if they parents want to do this type of dance.
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