Strip Search Of 10-Year-Old Prompts Complaint Against Elementary School

Originally posted by DarthMuerte

Originally posted by NarrowGate
reply to post by Shark_Feeder

 

I think we should worry less about locking her up and more about preventing it from happening again. Just my opinion.

Locking her up would do a lot to ensure teachers and administrators did not do it again.

Interesting. It doesn't work with anything else why this?

Ah, whatever. I don't care about that aspect. Whether or not she gets locked up is somewhat irrelevant and will surely happen. Just locking her up will by no means stop this from happening again.

Originally posted by LEL01
reply to post by DarthMuerte

 

The parents who have children in that school should get together and refuse to let their children go to school untill that woman is gone. If they don't make a stand against this, things will just get worse in the future.

Huh? She is still with the school? I must go read that article again. I just assumed she would be fired (duh?).

Originally posted by NarrowGate

Originally posted by LEL01
reply to post by DarthMuerte

 

The parents who have children in that school should get together and refuse to let their children go to school untill that woman is gone. If they don't make a stand against this, things will just get worse in the future.

Huh? She is still with the school? I must go read that article again. I just assumed she would be fired (duh?).

There is absolutely no mention of her being fired or even disciplined.

Originally posted by DarthMuerte

Originally posted by NarrowGate

Originally posted by LEL01
reply to post by DarthMuerte

 

The parents who have children in that school should get together and refuse to let their children go to school untill that woman is gone. If they don't make a stand against this, things will just get worse in the future.

Huh? She is still with the school? I must go read that article again. I just assumed she would be fired (duh?).

There is absolutely no mention of her being fired or even disciplined.

That's funny. I just got done talking about how great America is in another thread.

I think I will be moving to Canada if no action is taken. Unless there was suspicion he had a gun or something we don't know.....

reply to post by DarthMuerte

He did find some of the money dropped and returned it to the girl who dropped it. Somehow he missed one of the bills she dropped and the principal went way overboard in response.

lesson learned: No good deed goes unpunished.

only a thief would find half the money and return it: to give themselves an alibi/ deflect suspicion[]
next time, don't make a suspect of yourself by returning dropped money
just keep it and go unsuspected.

-lessons from bizarro world :shk:

reply to post by DerepentLEstranger


Or don't let chisty bit*hes work in schools.... I think I like that answer better.

Yeah, if this was a male strip searching a female student there would be a lynch mob forming as we speak, if the guy hadn't already been crucified by now. I agree that the lack of disciplinary action against this woman indicates a serious double-standard in the way these things are handled and/or thought of.

Completely uncalled for, and a definite violation of the kid's rights, and personal space.

Originally posted by AfterInfinity
reply to post by Shark_Feeder

 

#1 You have no idea what the intention of this "woman" was, we know only of her actions.

Neither do you. No one knows anything about the people involved except what was reported. I guess that's enough for all of us to judge her soul, right?

Who said anything about judging her soul? I'm judging her actions, which were clearly inappropriate. Whether her intentions were pure or not, she overstepped her authority in a way that violated this kid's rights.

reply to post by DarthMuerte


The legal term your looking for that allows teachers and school administrators to take cerrtain actions that others are prohibited from is called -

In Loco Parentis

Latin for "in the place of a parent""[1] refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, it is applied in two separate areas of the law.

First, it allows institutions such as colleges and schools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students' civil liberties.[1]

Second, this doctrine can provide a non-biological parent to be given the legal rights and responsibilities of a biological parent if they have held themselves out as the parent.[2]

The in loco parentis doctrine is distinct from the doctrine of parens patriae, the psychological parent doctrine, and adoption.[3] In the United States, the parental liberty doctrine imposes constraints upon the operation of the in loco parentis doctrine.[3]

With that being said strip searches in my opinion go waaaay beyond the intent of the term and responsibilities that go along with it.

I would wager the administrator would find it offensive if a Police Officer stops her, accuses her of having something and then taking her into a room and strip searching her.

Right now the school district should be asking the parents how many zeros they would like after the 1 on the settlement check.

Hmmm..

The parents should very well sue the principal over this matter.

For what?

... maybe child molestation for starters.

Intent is important, stop saying it isnt. When someone stucks an object into a childs anus, it is molestation. But not when a doctor does it to check the colon. Also, nudity is not inherently sexual.

This case seems to call for some consequences, I think this is not acceptable. But I wouldnt call it a molestation.

Originally posted by AfterInfinity
reply to post by Shark_Feeder

 

#1 You have no idea what the intention of this "woman" was, we know only of her actions.

Neither do you. No one knows anything about the people involved except what was reported. I guess that's enough for all of us to judge her soul, right?

It's not about judging her soul, it's about judging her actions, which were illegal and can be construed as sexual molestation. She violated this student's civil rights as well has committed a felony by groping him. She should be charged for sexual molestation and if found guilty, be put on the sex offender list. She clearly should be fired for her actions. No judging of her soul or intent involved, just applying the law.

This is another abuse of our personal freedoms.

The statement above:

We do not prosecute crime based on intent, only on the crimes themselves

Is simply not true as there are numerous cases where people have been prosecuted for intent as well as the act.
One example is intent to distribute, another would be intent to cause bodily harm.

The rights and freedoms we supposedly enjoy are simply a facade spoken about in the MSM and other outlets to subdue any real talk of the matter.

Our fight is not with one teacher abusing her 'rights' as temporary guardian of our children, but the entire system which undermines our liberties at every turn.

IMO, this teacher should be reprimanded, removed from the 'union' and the school system of that county/state should be apologizing for the unacceptable behavior of their employee. I do not believe a monetary compensation should be permitted as this only furthers the corruption and greed of an already corrupt system where someone is wronged and other people or agencies are made to compensate those wronged to make the act seem petty.

i dont know of any other situation in life where this person wouldnt be brought up on some kind of charges. not only that, humiliation, defamation of character and slander suits should be brought against the woman and school. it is not her family member, it is not her kid, she is not a doctor or nurse, and is not crime enforcement. on top of that the dumb b$%^ was wrong.


if i was the parent id show up at her door and knock gently and say can you please step outside i think you have something of mine on your persons, record her exprsssion with video camera and youtube that bish all day long.

then link it up with adverts and make money off her while it goes to trial ^^

Well, we're gonna get a little legal here.

Unfortunately, as outrageous as this search seems, there are at least two Supreme Court cases which have spoken to this: New Jersey v. T.L.O., and Safford Unified School District v. Redding. In these cases, the Court held that a) school administrators DO have the right to search students (doesn't have to be a law enforcement officer), and b) the criteria for search are lower than when outside of school ("mere suspicion" versus "probable cause").

Having said that, the next question is whether the administrators had "mere suspicion". It would seem they did, in that other teachers and students saw J.C. go under the table, gather the coins, and return them to the girl, and reported they believed he had the $20.

However, those cases concerned imminent threats to other students (both drug cases), not suspicion of theft. And in Safford, the Court found that the school DID violate her Fourth Amendment rights.

In J.C.'s case, the parents HAVE sued (filed December 6th) alleging the same violation under 42 USC 1983, the civil rights code. Several legal analysts agree the parents and J.C. are almost certain to win, under the same theory as Safford.

Finally, the school district will undoubtedly claim "qualified immunity" - yes we searched him, but we didn't know it was wrong, so we don't have to pay. This is a little more nebulous, but in my reading of the previous decisions, and especially given the school's assertion that "they had the legal right to search" - indicating at least cursory knowledge of these previous cases - the judge will likely find that the school "knew or should have known" that the search was illegal.

So I think J.C. is gonna win this one. I don't think the Vice Principal is gonna get fired or labelled as a Sex Offender.

Why are we even sending our kids to school anymore?

Where else can your kids get shot, catch influenza killer flu's, communicable disease's? Its putting them in the hands of govt, to control what and how they think, and on top of that being violated?

I realize people need to work, but I think, if I had young children, I would seriously concider homeschooling. I am beginning to think it isnt a responsible choice to send our kids to public schools.

I really dont feel comfortable knowing there are principals who not only violate personal rights, but are protected by the law. This behavior teaches kids they have no power. At this age, its pretty humiliating for an adult to exam your naked body.

I didnt even mention school lunch. I challange every parent to "meet" their kid for lunch at school. Order a tray of food and sit down and eat with them. I promise that you will only do that 1 time. And you will be packing a lunch for your kid after that.

Originally posted by Shark_Feeder

Originally posted by DestroyDestroyDestroy
That's pretty disgusting, people in positions of authority really let their "power" get to their heads sometimes. She shouldn't be charged with child molestation, as the intent wasn't to sexually molest the child. She should be sued, however.

#1 You have no idea what the intention of this "woman" was, we know only of her actions.

#2 We do not prosecute crime based on intent, only on the crimes themselves.

Honestly your honor I didn't intend to commit a mass murder, I only intended to rob them all

....see how silly that sounds?

We do prosecute depending on intent, hence why we have three separate degrees of murder, as well as why we have conspiracy charges. If the intent is sexual gratification, the crime becomes sexual abuse. When a doctor touches your junk is it molestation? When a cop or TSA agent pats you down for drugs or weapons, is it sexual molestation? If her intent was to find the money, rather than sexually abuse the child, which it seems to have been if you read the article, it becomes clear that she's not a sexual threat to the children of that school.

This doesn't mean that the family can't sue her and the school, as they should, but simply that to label her a child molester and prosecute her is an abuse of what the justice system is there for. Unless she's running around and strip searching various children for her pleasure, it really makes no sense to prosecute her. Talk about a gross misuse of the law...

Who knows, it could be acts such as these that prompts one to come into a school later in life and kill as many as they can...

Originally posted by misskat1
Why are we even sending our kids to school anymore?

Where else can your kids get shot, catch influenza killer flu's, communicable disease's? Its putting them in the hands of govt, to control what and how they think, and on top of that being violated?

I realize people need to work, but I think, if I had young children, I would seriously concider homeschooling. I am beginning to think it isnt a responsible choice to send our kids to public schools.

I really dont feel comfortable knowing there are principals who not only violate personal rights, but are protected by the law. This behavior teaches kids they have no power. At this age, its pretty humiliating for an adult to exam your naked body.

I didnt even mention school lunch. I challange every parent to "meet" their kid for lunch at school. Order a tray of food and sit down and eat with them. I promise that you will only do that 1 time. And you will be packing a lunch for your kid after that.

edit on 16-12-2012 by misskat1 because: (no reason given)

School provides a social environment for children to develop. This, along with helping your kid get into a decent college based on the reputation of his or her high school, are the two benefits of it. Besides this, your better off homeschooling your kid. Homeschooling teaches discipline and time management, as well as gets children to actually learn at a pace that is comfortable for them.

School lunch will always be trash.

reply to post by DestroyDestroyDestroy


I have a teen that I home school. I took her out because, she was cutting herself. And she was soooooo stressed out. Overnight she stopped cutting herself, her mood swings stopped etc. I have my daughter back. And what I am finding is that, she is learning the same work 2x faster, getting A's, has the time to volunteer in the community, and can take classes at the college that are preparing her to get a job when she is old enough. Her school councilor tells me that she is way on track to go to college, and the social volunteer work she is involved in will open a lot of doors for her. And she will graduate early.

I really shared the same concerns you wrote about, especially getting to be social with kids her age. But, I have found that teenagers just seem to multiply themselves. There is hardly a day that goes by that I am not stuck with more teenagers than I deserve. But, I prefer them here so that I kinda know what is going on.

It has occured to me, that we send our kids to run from class to class, They barely have the time to settle in before the bell rings to send them running to the next class. They have our kids all day. Often more hours than we do. Then we as parents (who can barely catch our breath from our own running) have to do the teachers jobs, by helping our kids with their homework. After 12 years of this, our kids still can not get a job.

Add to the equation, hormones, bullies, poverty, bad teachers (I have ran into a few, I have adult kids in their 30's), just adds up to horrible horrible stress. Not to mention the hundreds of $$$$ I have saved on school clothes!!

I am not saying it is for everyone, nor am I preaching anti-school.

Originally posted by AfterInfinity
reply to post by Shark_Feeder

 

#1 You have no idea what the intention of this "woman" was, we know only of her actions.

Neither do you. No one knows anything about the people involved except what was reported. I guess that's enough for all of us to judge her soul, right?

People seem to have brushed this off.

How many in this thread have judged her soul? You do not know what actually happened. All we know is that we need to stop it from happening again. Locking people up does not do that, so why say it?

Is it right, under our societies laws, that she is not prosecuted? NO. Would myself or my wife have killed her if that was my child? I will not answer that question on ATS.

Was I there? Do I know? NO! God knows though, and will handle it even if we do not.