Teacher forced to resign over inappropriate pics on her phone. Something is just wrong here

[NHdisneylover]

So, I posed the situation to my husband and DS17 over dinner--without telling them what consequences either party faced and asked what they thought should happen.
Both thought the boy should be suspended for a few days, and have to apologize to the teacher. DH also suggested possible removing the student from the teacher's class--and if there was no other option and it meant he had to just drop a class for the semester and be short credits, that was tough luck.

Both assumed that where I was going with the story was on overreaction that resulted in the boy being suspended and possibly arrested, etc--the type of thing which could have very long term consequences for him well into adulthood for one stupid, cruel act.

(note, no one was thinking about if the boy has a pattern of behavior, that, f course, changes things).

It never even occurred to either that the teacher would be reprimanded in any way--and they, like me, felt that was inappropriate.

DS17 points out that the teacher's only mistake was not having her phone lock and she has more than paid for it just having to live with her picture having been distributed like that.

 

[Pea-n-Me]

^ But in the U.S., what he did was a "cyber crime".

Not sure how it is in other school districts, but ours had state police cyber experts come in to talk to kids and parents yearly beginning in middle school about the seriousness of these crimes, even in kids.

http://www.mass.gov/ago/bureaus/criminal/the-cyber-crime-division/

http://www.neymanlaw.com/internet-and-cyber-crimes.html

"Massachusetts Considers “Sexting” A Form of an Internet Crime
Sexting has become rampant in Massachusetts. There are estimates that between forty and sixty percent of young adults and teenagers engage in some sort of sexting. High school students frequently “sext”. Unaware of the consequences people involved with sexting do it as a form of flirtation or seduction. Others do it as a joke. Some people do it as a form of harassment or bullying, perhaps in retaliation for a breakup or for cheating. Regardless of the reason, in many forms sexting is a crime in Massachusetts. Depending on the circumstances, sexting can be prosecuted as a form of child pornography possession or child pornography distribution. It can also be seen as the commission of the crime of dissemination of matter harmful to minors. The consequences for this type of sexting can be devastating as well. You can go to jail and have to register as a sex offender. If you get arrested or summonsed for an internet crime such as sexting you must take this seriously and contact an experience lawyer right away."

Perhaps it's different in other states, idk, but from what I've read, it seems similar throughout the U.S.

 

[NHdisneylover]

^ But in the U.S., what he did was a "cyber crime".

Not sure how it is in other school districts, but ours had state police cyber experts come in to talk to kids and parents yearly beginning in middle school about the seriousness of these crimes, even in kids.

Yes, I realize that---I still think we often tip the balance to overly harsh punishments with overly lasting effects. There is a big gap between a slap on the wrist and ruining a life----we often fail to do things in that gap in the US and, personally, I think that is a problem.
Regardless, the point is that it did not even occur to either my husband or my son that there would be ANY sort of issue relating to consequences for the teacher---the concept that she would face any at all was not even on the radar--much less that she would be forced out of her job because of it.

 

[Pea-n-Me]

Yes, I realize that---I still think we often tip the balance to overly harsh punishments with overly lasting effects. There is a big gap between a slap on the wrist and ruining a life----we often fail to do things in that gap in the US and, personally, I think that is a problem.

I'm not sure how we can just pick and choose to prosecute or not. Either it's a crime, or it's not.

Why is it fair for some to be prosecuted, but not others?

And that "one, stupid, cruel act" that this boy did, in effect ruined this teachers life.

From what I've seen, there is some leeway granted by judges and prosecutors. But it's up to them to decide after the person has been charged, not by random people choosing NOT to charge.

My DH thinks there is more to this story and I think he's probably right.

 

[NHdisneylover]

I'm not sure how we can just pick and choose to prosecute or not. Either it's a crime, or it's not.

Why is it fair for some to be prosecuted, but not others?

And that "one, stupid, cruel act" that this boy did, in effect ruined this teachers life.

From what I've seen, there is some leeway granted by judges and prosecutors. But it's up to them to decide after the person has been charged, not by random people choosing NOT to charge.

My DH thinks there is more to this story and I think he's probably right.

I have no desire to get into the details of what should or should not equate to jail time, etc---I only brought it up at all in the context of where the men in my family assumed the issue have needed up that it was something I was asking about, as it was so off base to think of the teacher being punished (though I will point out that the teacher'S life would not be "in effect ruined" if her superiors had not had such an awful blame the victim reaction to the situation).

Basically, I was building on what you and another PP said about your teens expressing that taking an item for a teacher's desk is not acceptable. -- it seems that my own teen agrees with that as well.

 

[Pea-n-Me]

Updates:

http://m.wyff4.com/news/student-charged-in-teachers-private-cellphone-picture-case/38342260

He is 16 and being charged as a juvenile. He has been detained at the Department of Juvenile Justice in Columbia, S.C.

"The teenager is charged with computer crimes and aggravated voyeurism, police said.

The South Carolina Law Enforcement Division confirmed that the pictures that the teen took from the phone were stored in his phone in a pass code-protected file that contained other pictures that were sexual in nature."

Sounds like he knew what he was doing. Glad he was charged. His telling the teacher "Your day of reckoning is coming" is chilling. He also printed four of the pictures and left them in her mailbox. He doesn't sound like some innocent kid to me.

I think she's very kind and the bigger person to offer him forgiveness. The petition to reinstate her is up to 12,000 signatures. (And I'm not going to post the link but the superintendent has apparently dismissed the petition as "insignificant".)

http://www.nydailynews.com/news/nat...naked-photo-teacher-charged-article-1.2553674

 

[DisneyBabies]

It's considered distribution of pornographic material here and kids will be arrested and jailed for it. It is a felony for us (there is no misdemeanor equivalent). Our students are spoken to about this very seriously withing the first few days of the new school year, every year. The kids have to sign a paper (and us parents as well) stating they know the rules and consequences. Our SRO flat out told them, if you are caught, I will cuff you and take you to the station to wait for a hearing in front of a judge. Period. There is no mistake about the consequences of doing something like this. There is no confusion over what is or isn't considered "porn". And this year, they even threw in the story of the kid who was caught the previous year texting pics as well as all the kids who received the pics and didn't report it to the admins. The student who texted the pics is in juvie and those who received it and didn't report it had to go take a class to be taught (again) not to do this as well as many hours of community service and it is on their records until they are 21 at which time they can have it expunged. The one kid who reported it did not receive any punishment. Every one of them tried to say they didn't know, they didn't understand; and then they had to admit under oath that they had been talked to at the beginning of the school year and told what the consequences were as well as signing the form stating they had talked to their parents and understood the issue.

The school district was quick enough to fire/force retire the teacher, why weren't they just as quick to punish the student for his actions?

 

[Kimberlyann11]

I explained the situation to DD17 and asked her what should happen. She said the student should be expelled - but that she thought in actuality the teacher got fired. I asked if she heard about this and she said "No, that's just how it goes".

 

[sunshinehighway]

I have no desire to get into the details of what should or should not equate to jail time, etc---I only brought it up at all in the context of where the men in my family assumed the issue have needed up that it was something I was asking about, as it was so off base to think of the teacher being punished (though I will point out that the teacher'S life would not be "in effect ruined" if her superiors had not had such an awful blame the victim reaction to the situation).

Basically, I was building on what you and another PP said about your teens expressing that taking an item for a teacher's desk is not acceptable. -- it seems that my own teen agrees with that as well.

While I don't think her life is ruined, I do think much more damage was done than just her losing her job. Look at some of the tesitmony from Erin Andrews trial and see how she's be changed by what happene to her.

 

[Pea-n-Me]

I agree. The superintendent's decisions causing this to go viral notwithstanding, the act of distributing nude pictures of her over the internet in and of itself is enough for some to feel their lives are "ruined". People can become suicidal over such things.

 

[gwynne]

Updates:

http://m.wyff4.com/news/student-charged-in-teachers-private-cellphone-picture-case/38342260

He is 16 and being charged as a juvenile. He has been detained at the Department of Juvenile Justice in Columbia, S.C.

"The teenager is charged with computer crimes and aggravated voyeurism, police said.

The South Carolina Law Enforcement Division confirmed that the pictures that the teen took from the phone were stored in his phone in a pass code-protected file that contained other pictures that were sexual in nature."

Sounds like he knew what he was doing. Glad he was charged. His telling the teacher "Your day of reckoning is coming" is chilling. He also printed four of the pictures and left them in her mailbox. He doesn't sound like some innocent kid to me.

I think she's very kind and the bigger person to offer him forgiveness. The petition to reinstate her is up to 12,000 signatures. (And I'm not going to post the link but the superintendent has apparently dismissed the petition as "insignificant".)

http://www.nydailynews.com/news/nat...naked-photo-teacher-charged-article-1.2553674

Maybe I missed something, but I don't remember posts proclaiming him innocent. I think he's trouble with a capital T. He appears to me to be severely lacking in empathy, has no concern for the consequences of his actions, and is comfortable making threats to a teacher. I'm not sure forgiveness is what he needs. He needs serious, long term consequences. Hopefully he will find that the world has boundaries and he needs to follow them.

Just to add- After a quick google, it appears he may be considered a sex offender if he is convicted of the aggravated voyeurism in South Carolina. (I have no opinion on whether registering as a sex offender is an expected consequence for his alleged crimes, I'm just adding my read of the SC laws.)

 

[Pea-n-Me]

Maybe I missed something, but I don't remember posts proclaiming him innocent. I think he's trouble with a capital T. He appears to me to be severely lacking in empathy, has no concern for the consequences of his actions, and is comfortable making threats to a teacher. I'm not sure forgiveness is what he needs. He needs serious, long term consequences. Hopefully he will find that the world has boundaries and he needs to follow them.

Just to add- After a quick google, it appears he may be considered a sex offender if he is convicted of the aggravated voyeurism in South Carolina.

My use of the word "innocent" was meant in a broad sense.

I don't really care if anyone "proclaimed" it here or not.

 

[rigs32]

I'm a prosecutor and in NY, people are charged in adult court at 16 (14 or 15 for extremely violent or gun related crimes, but with a different sentencing scheme) and are eligible for a sealing of their record before they turn 19 for their first offense.

That said, I see a LOT of young teens that are completely out of control because there's never been consequences at home, school (they see a suspension as a vacation), or others. And judges that give them chance after chance on probation are usually just drawing out the inevitable.

I almost always look the teens in the eye at sentencing and tell them I hope they take advantage of resources and opportunities so we never meet in a courtroom again. Sadly, it's often too late at that age.

If the student in question played a stupid prank, I'd have more empathy. But the comment about her day of reckoning is not only cruel, it also lacks a completely sense of empathy, and smacks of misogyny as well. I'm curious what type of romantic partner he'll turn into as he ages.

 

[Magpie]

My students and my own kids absolutely know that they're not to touch anything on the teacher's desk. If they want to borrow the stapler, they ask. I routinely walk away from my purse. There's not much there of value-- not much cash, a dinosaur of a phone with my daughter's selfies on it. But still, I don't pay particular care.

I've had these kids in my class since September. If I can't trust them not to take my stuff, then it severely impacts my ability to walk around the classroom giving extra help or answering questions. I teach in several different classrooms a day, in addition to my on call period where I could be called upon to sub in any room in the building; "locking up" my possessions in any one room simply isn't practical. (And where would I put the key to that "lock up"? I wear skirts and suits to school; most don't have pockets.)

Also, locking up her phone impedes her ability to summon help in an emergency.

Just as I wouldn't go through the backpack of a kid who was in the bathroom-- or allow another student to do so-- I should be able to have a reasonable expectation of privacy in the classroom. The ONLY time I've ever invaded a kid's privacy was on day 2 of a summer SAT prep class when a kid passed out (from dehydration as it turned out.) I took his phone off his desk and passed it to another kid, instructing him to find the home phone number and get mom on the phone while I borrowed another kid's water bottle and tried to revive the boy until medical help arrived.

Was the teacher making a hugely stupid mistake in having those pictures on her phone? Of course. She could have lost it and had it found by a student or anyone else. But she didn't lose it. She had it on her desk as she was doing the job she was assigned to do.

Let's not blame the victim. She should have had a reasonable expectation that her possessions would remain untouched.

One way to keep your phone safe, and yet still handy in the event of an emergency, is to wear it in a holster on you hip. (This is what I do.) However, I realize you don't have pockets or, presumably, a belt, so...

Alternatively, you can make sure you either a) drop your purse into a desk drawer with a key lock whenever you leave the room or b) take your purse with you, or c) at the very least, put a simple password on your phone. It would not be fun to find folks laughing at your daughter's selfies - she wouldn't enjoy that. And it only takes a moment to prevent that from happening.

There's having a "reasonable expectation" of privacy and then there's taking no precautions whatsoever to protect your personal belongings.

Students steal. Students invade privacy. Obviously not all. Probably not even most. But there's always some who won't respect you and who will try to take advantage. My son had his locker broken into and his Ipod stolen. It was never recovered and the culprit never found. It was a hard lesson for him - not to leave valuables in his locker, even with a combination lock.

As a teacher, and as the frequent bearer of bad news about marks and occasional meanie about behavioural expectations, you are an especially easy target for resentment and revenge. I hope you never have to endure anything similar!

 

[Aliceacc]

To be honest, I'm not sure my phone is advanced enough to have a password.

I agree-- there are some bad apples out there. And they're in every school, regardless of what people choose to believe. But I minimize my risks by not having anything THAT valuable to steal, and by being, when possible, within earshot/eyesight of both the hallway and my classroom.

I'm not even sure the kids realize I have a phone. I've never taken it out during classtime; I'm too busy teaching. I see no reason to buy a holster so I can wear a phone I don't use. And, no, my skirts and suits don't have pockets for the key to that locked cabinet.

The few times I've really needed my stuff, I wouldn't have wanted to take the time to unlock a cabinet. Last year, we had a small fire, and an extended "fire drill" while emergency personell were summoned. One young girl near me passed out (and hit the concrete, hard.) Typically, when those bells go off (especially during a lunch period!) there's no time to unlock anything; the priority is getting everyone out of the building. I was glad I had my purse-- I could call another teacher (who is an EMT), I had some hair ties to help make her more comfortable.

I do carry my purse when I'm moving from one location to another. But from the front of the room to the doorway? Nope. To the hall for a moment? Nope. To check homework or offer help to a student? Nope.

I refuse to give in to paranoia. The reality is that the overwhelming, vast majority of kids I teach, and of teens everywhere, are wonderful, decent human beings. And I know, beyond the shadow of a doubt, that there would be a loud, immediate outcry if anyone attempted to go into my purse while I was dealing with an issue in the hallway. The culprit would be dealt with by the dean during that class period.

I'll take my chances, thanks.

Having my stuff-- my phone, my graphing calculator, the bandaids in my purse, all the rest-- accessible helps me do what I need to do in the 38 minutes I have to teach Precalculus. In the 35 years I've been teaching, my kids haven't yet let me down. And I have no reason to think they will.

If I'm wrong, the losses would be minimal. But if I'm right, and I succumb to the belief that my kids can't be trusted, that they're not worthy of my trust, then I've lost the reason I'm a teacher. I love the kids I teach, I trust them, and I love working with them. If the day ever comes when I feel I can't trust the kids I teach, it will be time for me to stop teaching.

 

[Magpie]

To be honest, I'm not sure my phone is advanced enough to have a password.

I agree-- there are some bad apples out there. And they're in every school, regardless of what people choose to believe. But I minimize my risks by not having anything THAT valuable to steal, and by being, when possible, within earshot/eyesight of both the hallway and my classroom.

I'm not even sure the kids realize I have a phone. I've never taken it out during classtime; I'm too busy teaching. I see no reason to buy a holster so I can wear a phone I don't use. And, no, my skirts and suits don't have pockets for the key to that locked cabinet.

The few times I've really needed my stuff, I wouldn't have wanted to take the time to unlock a cabinet. Last year, we had a small fire, and an extended "fire drill" while emergency personell were summoned. One young girl near me passed out (and hit the concrete, hard.) Typically, when those bells go off (especially during a lunch period!) there's no time to unlock anything; the priority is getting everyone out of the building. I was glad I had my purse-- I could call another teacher (who is an EMT), I had some hair ties to help make her more comfortable.

I do carry my purse when I'm moving from one location to another. But from the front of the room to the doorway? Nope. To the hall for a moment? Nope. To check homework or offer help to a student? Nope.

I refuse to give in to paranoia. The reality is that the overwhelming, vast majority of kids I teach, and of teens everywhere, are wonderful, decent human beings. And I know, beyond the shadow of a doubt, that there would be a loud, immediate outcry if anyone attempted to go into my purse while I was dealing with an issue in the hallway. The culprit would be dealt with by the dean during that class period.

I'll take my chances, thanks.

Having my stuff-- my phone, my graphing calculator, the bandaids in my purse, all the rest-- accessible helps me do what I need to do in the 38 minutes I have to teach Precalculus. In the 35 years I've been teaching, my kids haven't yet let me down. And I have no reason to think they will.

If I'm wrong, the losses would be minimal. But if I'm right, and I succumb to the belief that my kids can't be trusted, that they're not worthy of my trust, then I've lost the reason I'm a teacher. I love the kids I teach, I trust them, and I love working with them. If the day ever comes when I feel I can't trust the kids I teach, it will be time for me to stop teaching.

You know, I love the kids I teach, too. I respect them. And I tust them as much as I trust anyone who is not family. I respect your passion, but I also suspect I am more careful with my personal possessions in every aspect of my life, not just when I'm teaching, than you are.

Leaving your purse on your desk while in the room? Seems perfectly reasonable. Leaving it behind when you physically leave the room... I couldn't do it. At the very least, you should ask your daughter if she'd like to delete any of her photos, since phones do get lost.

Finally... I've got to ask, how do hair ties make an injured child more comfortable?

 

[Hannahinwonderland]

So my friend just told me a story that's kind of the opposite of this one. He works in a school where they have assistants from the City Year program. It is an Ameri-Corps type thing where they are not official employees of the school. Apparently, one girl was showing some students (ninth graders) pictures on her phone and a nude picture came up. These kids (who are sweet and dependable, according to my friend) went to another adult to report that they felt uncomfortable with what just happened, but then absolutely nothing came of it. The girl said they were lying, and was not even scolded for these pictures.

How do y'all feel about this opposite situation? My friend is OUTRAGED that she's allowed to remain in the classroom when these kids feel very uncomfortable with her.

 

[DizBelle]

We are expected to be in the doorways between periods, keeping an eye on both the hallway and the classroom. The exceptions are the times we're actually moving from one place to another.

As long as everyone is out there, there's enough coverage to spare anyone who has to attend to any sort of issue in their particular classroom. But it's not unheard of to have to move out of the doorway, leaving either that section of hallway or classroom unattended. The reason we're there is in case something happens, and sometimes something happens that requires us to move.

Our bathroom breaks take place during our free periods. There simply isn't enough time to go during the 4 minute passing period. And obviously we can't excuse ourselves during class time. It doesn't matter whether you're pregnant, have a UTI or are coming down with the flu; you go to the bathroom during your free periods.

Aren't the students expected to take their bathroom breaks in that 4 minutes between classes?

 

[declansdad]

So my friend just told me a story that's kind of the opposite of this one. He works in a school where they have assistants from the City Year program. It is an Ameri-Corps type thing where they are not official employees of the school. Apparently, one girl was showing some students (ninth graders) pictures on her phone and a nude picture came up. These kids (who are sweet and dependable, according to my friend) went to another adult to report that they felt uncomfortable with what just happened, but then absolutely nothing came of it. The girl said they were lying, and was not even scolded for these pictures.

How do y'all feel about this opposite situation? My friend is OUTRAGED that she's allowed to remain in the classroom when these kids feel very uncomfortable with her.

There is no proof of anything in this case; it is nothing like what happened to this teacher.

 

[declansdad]

Aren't the students expected to take their bathroom breaks in that 4 minutes between classes?

Possibly but the teachers are supervising their classrooms and the hallways at this time.