Student Sues Wake School Officials Over Suspension For Having Sex

[Gill]

Bottom line is I am responsible for BOTH of my daughters, regardless if they are in school, or not. IF one or both of my girls were to skip school, that would be bad enough. To skip school and then me catch them screwing boys in my house? The police would have to save them from me because I would tear their asses up.

The school's job is NOT to be the moral teachers of our children. That starts at home.. PERIOD. Suspend my kid for cutting school.. that's the school's right. To suspend her for having sex in my house? Hell no... DON'T DO MY JOB FOR ME... period!!!!!

I agree. I also have two daughters, both out of school now. But... the school is legally responsible for the kids during school hours and even after school til they get home . I speak from experience.

 

[Real Korimyr #9]

The article mentioned that both the parents and the students signed rules forms. I’d like to see exactly what they agreed to.

It doesn't matter. If the form contained language that governed students' conduct at home, the school had neither the legal nor moral authority to ask the parents to sign it.

If the students had been suspended for truancy-- and only for truancy-- I would have no objections to this. However, the school is attempting to govern student behavior when the students are not under the supervision of school officials. They are overstepping their authority.

 

[Gill]

It doesn't matter. If the form contained language that governed students' conduct at home, the school had neither the legal nor moral authority to ask the parents to sign it.

Good luck with that. You obviously have never had kids in schools. It is almost impossible to exclude rules when enrolling in school.

If the students had been suspended for truancy-- and only for truancy-- I would have no objections to this. However, the school is attempting to govern student behavior when the students are not under the supervision of school officials. They are overstepping their authority.

They were caught during school hours while on a school sponsored trip to another school. They are under the supervision of school officials during, before and after school hours.

 

[LogicalReason]

It was during school hours... same thing as if they were at school.

Its not the same thing at all. They were not on school property or under school authority so the school has no say in the punishments for their conduct when they were not in school. It is within the schools right to suspend them both for truancy but they cannot suspend one of them because he had sex as a consenting adult. Thats not even a crime...

 

[Gill]

Its not the same thing at all. They were not on school property or under school authority so the school has no say in the punishments for their conduct when they were not in school. It is within the schools right to suspend them both for truancy but they cannot suspend one of them because he had sex as a consenting adult. Thats not even a crime...

You can say that til you're blue in the face and it won't make it so. Have you ever dealt with school authorities before?? I have. I went through a similar situation with my daughter. She got suspended for smoking a cigarette after school and off school property. I took it all the way to the state and got no where.

 

[Jerry]

It doesn't matter. If the form contained language that governed students' conduct at home, the school had neither the legal nor moral authority to ask the parents to sign it.

Per the first amendment, the school can ask what ever they wish. Per the first and fourth amendments, the parents and students can refuse or accept what ever they wish. If the parents and students wish to give the school the authority to govern the student's conduct during school hours while the student is not on school grounds, then thay have every right to extend that authority.

If that is illegal, then so is Indivigual Ready Reserve for the militery.

If the students had been suspended for truancy-- and only for truancy-- I would have no objections to this. However, the school is attempting to govern student behavior when the students are not under the supervision of school officials. They are overstepping their authority.

Well, again, we don't know that to be true or false until we know what exactly the parents and the students agreed to.

It would also be helpful to know exactly to what extent the local school is held legally accountable by the state for it's students during school hours. My high school in Ca. held a sort of diminished temporary custody/legal guardian status.

I wonder......if either of these children were assaulted and/or killed in some way if the parents would be suing the school.

 

[Willoughby]

went through a similar situation with my daughter. She got suspended for smoking a cigarette after school and off school property.

That is absolutly ridiculous..as is the case we are discussing at the moment. From my point of view the school has no right

 

[Captain America]

There's the key to most of the responses in this thread. I'd be willing to bet that few of you have kids... and from the sound of it, I would also bet most of you are still in school or not long out of school.

Ever see the commercial that says "having a baby changes everything"? Well believe me, it does.

Bottom line is that schools are responsible for kids during the time they are in school or at a school activity. They can't afford to let this kind of behavior go unpunished.

Exactamundo. Kids. :roll: Gotta love 'em.

The irony here is, this story could have been written about me. This exact same thing happened to me back in high school. It was handled amongst the families and looking back over 30 years ago, I can still feel the trauma that followed that event. I do feel sorry for those kids. I can relate.

I can also relate to the young people on this forum to whom we are blessed to have amongst us and their views on the subject.

But trust me when I tell you this because it comes from the heart. When you get a little mud on your tires, and your ears dry out a little as you find yourself drying other little ears, you have a tendency to change your tune and look at things differently. When you hair starts going from gray to white and any hint of anything youthfully brown has been long past seen, and you find yourself responsible for teenagers and their well being, you look at things differently. Thank goodness we do. Us old codgers know a helluva lot more about being a twenties-something know it all than a twenty-something know it all knows about being 50.

I wish I could meet with you all again in 25 years and see how you feel about this then.

 

[Gill]

Exactamundo. Kids. :roll: Gotta love 'em.

The irony here is, this story could have been written about me. This exact same thing happened to me back in high school. It was handled amongst the families and looking back over 30 years ago, I can still feel the trauma that followed that event. I do feel sorry for those kids. I can relate.

I can also relate to the young people on this forum to whom we are blessed to have amongst us and their views on the subject.

But trust me when I tell you this because it comes from the heart. When you get a little mud on your tires, and your ears dry out a little as you find yourself drying other little ears, you have a tendency to change your tune and look at things differently. When you hair starts going from gray to white and any hint of anything youthfully brown has been long past seen, and you find yourself responsible for teenagers and their well being, you look at things differently. Thank goodness we do. Us old codgers know a helluva lot more about being a twenties-something know it all than a twenty-something know it all knows about being 50.

I wish I could meet with you all again in 25 years and see how you feel about this then.

:congrats: You are absolutely right!!!!!

 

[debate_junkie]

I agree. I also have two daughters, both out of school now. But... the school is legally responsible for the kids during school hours and even after school til they get home . I speak from experience.

Well I speak from experience.. My husband is responsible for both kids, as he takes them to school.. my husband is responsible for both kids as he picks them up from school. The school's responsibility (for lack of a better word) only comes into play when the kid is IN school. School cannot be permitted to reach into the home... just because a student isn't there. A student cut's school too often... it's truancy, punishable by the law. HOWEVER... a school punishing a kid for having sex? Give me a physical break. It's mom and dad's responsibility to punish the kid when he sticks his ha-ha in his girlfriend's who-who. Do not pass go, do not collect 200 dollars. End of story.

 

[Captain America]

Thanks Gill. But honestly, who wouldn't rather be "young, dumb and full of come" again?

One of the side effects to aged wisdom is creaky bones not to mention the all to common "Dickey-do" disease. (That's when your stomach pooches out further than your dickey-do.:mrgreen: )

On one hand, I wouldn't take a dollar for every gray hair on my head when I think about the experiences they represent.....

But on the other...a tight assed, perky lil' 22 year old hottie..........I could get used to being stupid again if I had to.

 

[Captain America]

Well I speak from experience.. My husband is responsible for both kids, as he takes them to school.. my husband is responsible for both kids as he picks them up from school. The school's responsibility (for lack of a better word) only comes into play when the kid is IN school. School cannot be permitted to reach into the home... just because a student isn't there. A student cut's school too often... it's truancy, punishable by the law. HOWEVER... a school punishing a kid for having sex? Give me a physical break. It's mom and dad's responsibility to punish the kid when he sticks his ha-ha in his girlfriend's who-who. Do not pass go, do not collect 200 dollars. End of story.

I don't think it's the sex. I think it's all about liability. Yes, the school is just as responsible, in the eyes of many people, as Kindercare is when you drop off your little 5 year old. Parents pay taxes. They send their kids to school. They entrust their kids to their educators from 7 until 3. Those educators are supposed to be responsible and supervise accordingly. That will be easily fought and won in a court of law.

School liability is a big thing these days. Schools are moving playground equipment away. They are prohibiting kids to run at recess. Sodas are being removed from cafeterias. Courts are snarled with parent vs. school lawsuits. Their liability insurance must be astronomical.

The schools are gonna do what they have to do to cover their arse so you guys are just gonna have to start porkin' your little Suzy in the backseat of your car in the Kmart parking lot on the way home from school because if I catch you in my house when I thought my home was secure, the law will be the least of your worries. Believe dat.

 

[Stace]

Not sure about the truancy laws in their state, but when I was in high school, skipping school was illegal. To say nothing about the boyfriend's trespassing and probable assault in his miner girlfriend....from the father's point of view.

I'd like to see them both locked up for Sexual Contact with a Miner and Statutory Rape. A 16 nor 17 year old can not legally consent to sex.……in most states.

In North Carolina, as has already been mentioned, the legal age of consent is 16, therefore, neither party here is considered a minor as far as that is concerned. Also, from what I've found, the girl cannot be counted as truant from school, as she is older than the state's compulsary attendance mandate, which as far as I can tell, is also 16 here in North Carolina. Under North Carolina laws, PARENTS can be prosecuted for their kids being truant, which makes a LOT of sense, seeing as how, as a parent, it is YOUR responsibility to make sure your kid is going to school.

Not to mention, if they attended school for at least half of the day, they also cannot be considered truant. If you attend for at least half the day, it does not count towards any absences and such, they would have been counted as "present" for the whole day.

 

[Stace]

You can say that til you're blue in the face and it won't make it so. Have you ever dealt with school authorities before?? I have. I went through a similar situation with my daughter. She got suspended for smoking a cigarette after school and off school property. I took it all the way to the state and got no where.

And just out of curiosity, was your daughter involved in any school sports? If so, then in that instance, yes, they CAN dictate what happens off of school property, up to a certain extent....smoking would be included in that.

 

[debate_junkie]

I don't think it's the sex. I think it's all about liability. Yes, the school is just as responsible, in the eyes of many people, as Kindercare is when you drop off your little 5 year old. Parents pay taxes. They send their kids to school. They entrust their kids to their educators from 7 until 3. Those educators are supposed to be responsible and supervise accordingly. That will be easily fought and won in a court of law.

School liability is a big thing these days. Schools are moving playground equipment away. They are prohibiting kids to run at recess. Sodas are being removed from cafeterias. Courts are snarled with parent vs. school lawsuits. Their liability insurance must be astronomical.

The schools are gonna do what they have to do to cover their arse so you guys are just gonna have to start porkin' your little Suzy in the backseat of your car in the Kmart parking lot on the way home from school because if I catch you in my house when I thought my home was secure, the law will be the least of your worries. Believe dat.

And that's the problem in a nutshell... parents wanting to relinquish their authority over their kids to the schools... by suing them for everything under the sun. I choose NOT to relinquish that authority, and fight weekly with my daughters' schools because they try to take it anyway.

 

[Captain America]

And that's the problem in a nutshell... parents wanting to relinquish their authority over their kids to the schools... by suing them for everything under the sun. I choose NOT to relinquish that authority, and fight weekly with my daughters' schools because they try to take it anyway.

I, myself, have been in parent teacher meetings when I though that the teacher may have forgotten her place and mistakenly assumed that the teacher's authority superceded parental authority but she was quickly set straight.

But look. Parents GOTTA work these days. It takes both of them to work to get by in many cases, at least when the kid is lucky to have two parents to begin with. They have to relinquish that authority to the school. I say if someone will not submit to a school the authority they need to create a positive learning environment, they should have to keep their kids at home so they will not be a learning distraction to mine.

Teachers are damned if they do and damned if they don't. Decipline a kid, take the wrath. Let them run-amuk, take the wrath.:roll:

But it can be over assumed by the educators, I'll grant you that.

Kids also over assume their authority. You know what happens when you assume.

 

[LogicalReason]

Exactamundo. Kids. :roll: Gotta love 'em.

The irony here is, this story could have been written about me. This exact same thing happened to me back in high school. It was handled amongst the families and looking back over 30 years ago, I can still feel the trauma that followed that event. I do feel sorry for those kids. I can relate.

I can also relate to the young people on this forum to whom we are blessed to have amongst us and their views on the subject.

But trust me when I tell you this because it comes from the heart. When you get a little mud on your tires, and your ears dry out a little as you find yourself drying other little ears, you have a tendency to change your tune and look at things differently. When you hair starts going from gray to white and any hint of anything youthfully brown has been long past seen, and you find yourself responsible for teenagers and their well being, you look at things differently. Thank goodness we do. Us old codgers know a helluva lot more about being a twenties-something know it all than a twenty-something know it all knows about being 50.

I wish I could meet with you all again in 25 years and see how you feel about this then.

Luckily my hair hasn't turned white yet but its got enough gray streaks in it that I think I can put my two cents in on this subject. Just because someone disagrees with you it doesn't make them a twenty-something know it all as you put it.

Now to move onto an interesting part of this. According to http://abclocal.go.com/wtvd/story?section=triangle&id=4149006 the boy and his girlfriend both left school and went to her house to have sex. So they both signed the form indictated in the article. So why did the school rules not apply to the girl as well?

Btw he wasn't truant so thats why they couldn't suspend him for truancy.

 

[Jerry]

In North Carolina, as has already been mentioned, the legal age of consent is 16, therefore, neither party here is considered a minor as far as that is concerned. Also, from what I've found, the girl cannot be counted as truant from school, as she is older than the state's compulsary attendance mandate, which as far as I can tell, is also 16 here in North Carolina. Under North Carolina laws, PARENTS can be prosecuted for their kids being truant, which makes a LOT of sense, seeing as how, as a parent, it is YOUR responsibility to make sure your kid is going to school.

Not to mention, if they attended school for at least half of the day, they also cannot be considered truant. If you attend for at least half the day, it does not count towards any absences and such, they would have been counted as "present" for the whole day.

Hmm, tricky…..how does one physically attend a job AND be at their child’s side every waking moment? A stay-at-home parent would certainly do wonders, but then the kids could just go elsewhere.

So no Statutory and no Truancy, aye? Sounds like lock-down time to me. Loss of all privileges, lots of work and chores, room striped, etc.

Or they could just set aside money for an abortion out of the collage fund. Either-or.

 

[earthworm]

I agree. I also have two daughters, both out of school now. But... the school is legally responsible for the kids during school hours and even after school til they get home . I speak from experience.

Then should the schools lock the students inside the school grounds to ensure that the teen-ages stay.. ?? And should the school also employ a new troop of school police???...
Ridiculous !
Our taxes are high enough.
These parents must begin to accept their responsibilities..
IMO, this is unreasonable.
In this case the parents do have the responsibility, not the police, not the school.

 

[Gill]

Thanks Gill. But honestly, who wouldn't rather be "young, dumb and full of come" again?

One of the side effects to aged wisdom is creaky bones not to mention the all to common "Dickey-do" disease. (That's when your stomach pooches out further than your dickey-do.:mrgreen: )

On one hand, I wouldn't take a dollar for every gray hair on my head when I think about the experiences they represent.....

But on the other...a tight assed, perky lil' 22 year old hottie..........I could get used to being stupid again if I had to.

I can relate to all of the above... especially the last sentence!:mrgreen:

 

[Gill]

And just out of curiosity, was your daughter involved in any school sports? If so, then in that instance, yes, they CAN dictate what happens off of school property, up to a certain extent....smoking would be included in that.

No, she was not involved in any school sports.

Then should the schools lock the students inside the school grounds to ensure that the teen-ages stay.. ?? And should the school also employ a new troop of school police???...
Ridiculous !
Our taxes are high enough.
These parents must begin to accept their responsibilities..
IMO, this is unreasonable.
In this case the parents do have the responsibility, not the police, not the school.

So you are saying that parents should stand guard over their kids all day while they are in school to make sure they are where they should be?? That's ridiculous.

 

[Captain America]

Luckily my hair hasn't turned white yet but its got enough gray streaks in it that I think I can put my two cents in on this subject. Just because someone disagrees with you it doesn't make them a twenty-something know it all as you put it.

That is a fact and I humbly apologize if I offended you in any way. That was not my intent but just the same, please excuse me if that's how it came across. Honestly, the topic had me thinking of my high school graduate son and my older son fresh out of college. I sometimes get a kick out of their, what I call, "Seventeen Year Old Logic." They are at the age when daddy suddenly becomes retarded and they know everything. I suspect I will regain my senses when they approach their 30th birthday and realize old papa wasn't so retarded after all.

Now to move onto an interesting part of this. According to http://abclocal.go.com/wtvd/story?section=triangle&id=4149006 the boy and his girlfriend both left school and went to her house to have sex. So they both signed the form indictated in the article. So why did the school rules not apply to the girl as well?

That is a very good question and probably can be filed away with our society's long standing practice of double-standards in regard to gender, especially in matters of sex.

Btw he wasn't truant so thats why they couldn't suspend him for truancy.

My biggest concern is this. While I'm away from the home, and I entrust my children to our eeducational institutions, I would like some reasonable assurance they are being supervised and taken care of. I realize we can't drop them off, escort them to class, lock them in like prisoners but as a parent I do want to find a way to assure their safety and protect them from themselves.

Heck, I already admitted. I was the king of cutting class and afternoon delights. I experienced the same scenerio. Being a parent now, I realize what a dumbass I was and how unfair that I was to my parents. But, then again, according to 17 year old logic, I am deaf, dumb, blind and retarded at the moment so I suppose I could be wrong.:roll:

Have a great day. Thanks for your thoughts.:2wave:

 

[RightinNYC]

Not sure about the truancy laws in their state, but when I was in high school, skipping school was illegal. To say nothing about the boyfriend's trespassing and probable assault in his miner girlfriend....from the father's point of view.

I'd like to see them both locked up for Sexual Contact with a Miner and Statutory Rape. A 16 nor 17 year old can not legally consent to sex.……in most states.

1. I've never heard of any ever being arrested for truancy.
2. How was the boyfriend trespassing? His girlfriend brought him over.
3. Why on earth do you assume he "probably assaulted" his girlfriend? What kid of bias against men causes someone to have that attitude?
4. His "miner" girlfriend was actually OLDER. What about her "assaut" on him?
5. First off, statutory rape requires a 4 year difference in ages in most states. Secondly, are you honestly saying you think its a good idea to take all 16 and 17 year olds who have consensual sex and throw them in jail?
6. Actually, for most states the age of consent is either 16 or 17.
7. In NC, its 16. So what happened was 100% legal.

 

[RightinNYC]

Bottom line is I am responsible for BOTH of my daughters, regardless if they are in school, or not. IF one or both of my girls were to skip school, that would be bad enough. To skip school and then me catch them screwing boys in my house? The police would have to save them from me because I would tear their asses up.

The school's job is NOT to be the moral teachers of our children. That starts at home.. PERIOD. Suspend my kid for cutting school.. that's the school's right. To suspend her for having sex in my house? Hell no... DON'T DO MY JOB FOR ME... period!!!!!

Exactly.

If the parents want to flip out, thats their prerogative. Where does the school get off thinking they can regulate that stuff?

 

[Captain America]

debate_junkie does have some very reasonable and valid points. Perhaps, in my thinking, I failed to make the transition from Kindercare to High School.

One day, they are snaggle-tooth and the next they are growing a mustache..

At worst, I am only guilty of loving my children and wanting them to be safe.

Thinking more about it, perhaps the school has over stepped it's boundries.

I must admit that when it happened to me, I am glad the school or the law did not get involved. Perhaps I am being a bit hypocritical in my thinking. I will ponder on this a little more.