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Old Jan 22, 2009, 01:02 AM // 01:02   #1
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Default Can a teacher legally do this?

My economics teacher is forcing us to give up all of our work for the semester. Every page of notes, and paper must be turned over to her to be destroyed to prevent future students from copying it. My binder was in my backpack, and she went into my backpack, and took my binder. Is that legal?
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Old Jan 22, 2009, 01:22 AM // 01:22   #2
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Depends on what country your in and what papers you signed when you enrolled at the school.
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Old Jan 22, 2009, 01:26 AM // 01:26   #3
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This is for high school in America. I never signed anything.
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Old Jan 22, 2009, 01:28 AM // 01:28   #4
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You're not gunna use any of that stuff anyways. So it shouldn't matter.
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Old Jan 22, 2009, 01:39 AM // 01:39   #5
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Well, going into your backpack would be your personal property. So that has some issues, doesn't fall under the "searching for drugs" or other category that would give them any right. The teacher wanting the notes destroyed is really her own issue, don't see anything wrong with that. If you hand them over then the teacher could do what they wanted with it. The only thing that could be questionable, as I said above, would be taking your binder from your backpack.
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Old Jan 22, 2009, 01:40 AM // 01:40   #6
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Saves the teacher the time to remake the tests and stuff. Lazy.
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Old Jan 22, 2009, 01:44 AM // 01:44   #7
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if you have tons of cash sue the hell out of her lol << war mongering and joking.

I do not think anyone has the right to search anyone else backpack without their permission, not anywhere in the world. If anyone does its either a communist country or extremely corrupted airport custom officer.

my opinion of teacher: can't find better occupation. they are scum scum i tell you.
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Old Jan 22, 2009, 01:45 AM // 01:45   #8
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Wow, paranoid much(the teacher that is)?

Depends on what your school and the local school board policies are. Teachers do have the right to confiscate illicit items in your possession while on school grounds. Class notes, however do not fall within my definition of illicit, even if they have the potential for future cheating.

If you really have an issue with this though, take it up with your student union and the school principal. School board would be the step after that and eventually court if nothing is done about it. Make sure to get your story out in the school and local newspaper.
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Old Jan 22, 2009, 02:05 AM // 02:05   #9
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She has no right to go in to your back pack without your permission unless there was probable cause that you had an illegal substance in your bag. She is wrong to go in your bag. In my opinion blow the case out of proportion and try to file a lawsuit.
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Old Jan 22, 2009, 02:12 AM // 02:12   #10
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just say no, they're not meant to do that, then make a scene if they force you to. no big deal.

keep in mind students attending high school don't receive the classic rights most people do
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Old Jan 22, 2009, 02:20 AM // 02:20   #11
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...Why wouldn't you be allowed to save notes?

My Algebra 2 teacher wants us to save our notes for Math Anal and Stats, and she periodically asks students if they still have them.
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Old Jan 22, 2009, 02:25 AM // 02:25   #12
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Quote:
Originally Posted by Akuma View Post
keep in mind students attending high school don't receive the classic rights most people do
QFT

Also, http://www.ted.com/talks/ken_robinso...reativity.html

Most teachers aren't really "teachers", they just come in, do their chore so they can cash in at the end of the month and that's it. She simply didn't want to redo the homework assignments for next year or something similar. It tells exactly what kind of teacher she is.
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Old Jan 22, 2009, 02:26 AM // 02:26   #13
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She's a teacher, she can do whatever she wants, and she'll use any reason to justify it if it comes down to it.

Bring it up to admins if you want, but don't expect much.
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Old Jan 22, 2009, 02:31 AM // 02:31   #14
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Not true. She cannot go into your backpack without suspecting something illegal. They cannot search your locker without suspecting something illegal and having just cause. That's why high schools bring in drug-sniffing dogs. They know whose lockers they need to search, but they need that bark notification to give them just cause. You also need to be there when they open it.

If the teacher says she suspects something, she can do the search with you present, you can request the presence of the principal, and she cannot take anything that isn't an illegal substance or weapon. Get your parents to raise a stink about it.
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Old Jan 22, 2009, 02:31 AM // 02:31   #15
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Highschoolers also have fewer rights than adults. And I don't get not allowing students to copy notes... they are supposed to have them.


No wonder our school system is in the crapper.
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Old Jan 22, 2009, 02:35 AM // 02:35   #16
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They have fewer rights but they do have rights, and one of those rights is a right to privacy unless proper suspicion is presented. Another one of those rights is a right to private property which she violated by taking his notebook. If the binder was given to him by the teacher there MIGHT be an issue, but then again the paper inside the binder and the ink/pencil the notes are written with are his property, as well as the closed bookbag she took it from.

I'll admit more details are required....was the bookbag closed when she went in? Did she supply the binder/paper/writing utensils?
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Old Jan 22, 2009, 02:46 AM // 02:46   #17
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This is how things are in the country I live in:

Searching private property is something that your school can NEVER do, unless a] you give them permission or b] they obtain a warrant from the authorities. It's a breach of your fundamental "right" to privacy.

Since I've noticed you're in America, you can probably turn this around on her and have her charged with petty theft.



Edit: High schooler students in America actually have less rights than a seventeen year old who has graduated high school?? :s

Last edited by Lyynyyrd; Jan 22, 2009 at 02:54 AM // 02:54..
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Old Jan 22, 2009, 02:52 AM // 02:52   #18
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Quote:
Originally Posted by Katsumi View Post
She's a teacher, she can do whatever she wants, and she'll use any reason to justify it if it comes down to it.

Bring it up to admins if you want, but don't expect much.
Wrong, she cannot legally go through a students backpack without any reason other then getting the students notes. It is their personal property and the teacher cannot just go through their personal stuff.

On another note, this is the same Toxage that has said they are in the working world and it takes them like 40 minutes to get to work... Interesting that we are now back in high school. oO
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Old Jan 22, 2009, 02:55 AM // 02:55   #19
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It may have been "wrong" but legalities are often ignored or justified in HS, pwnd.
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Old Jan 22, 2009, 02:57 AM // 02:57   #20
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Maybe but they shouldn't be at all. As a secondary education major we are taught never to do stuff like that. Ever. Because it is indeed illegal without probable cause.
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