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re: Teacher who had phone stolen and nudes stolen may face criminal charges

Posted on 3/2/16 at 6:31 pm to
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 6:31 pm to
quote:

Which policy?

He's saying that you have no reasonable expectation of privacy at school (or any place of employment). Therefore putting a physical copy of a nude photograph on the desk is not covered under the same types of laws as digital images on a private cell phone. So, you cannot claim private property in this instance (nudes on the desk) and no policy is involved.
This post was edited on 3/2/16 at 6:33 pm
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 6:32 pm to
quote:

Those policies are still used and exist at both companies I worked for.

I'm sure they do. It doesn't make them good policies. The more specific the policy the better for all involved. And that goes for any policy at any company.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 6:35 pm to
quote:

I think you just don't get it. This isn't about any policy, this about employing a lock and level of culpability
Then it's pointless, nothing more. You wasted your time making that Point, it's irrelevant.

quote:

Why are you taking the side that the should? And I tend to err on the side of caution and not assume that someone has done something wrong (innocent until proven guilty).



Didn't answer my question, why did you take a side instead of saying let's wait and see the policy?

As for the end of your statement, well she admitted to having the pics so that's not in question.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 6:36 pm to
quote:

why did you take a side instead of saying let's wait and see the policy?

Because I was talking about the cell phone policy. It has been stated that she is not in violation of any policy by having her nude on her private cell phone.
quote:

well she admitted to having the pics so that's not in question.

Having the pics does not necessarily make her guilty of anything. And I was speaking in generalities as in "I tend to.."
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 6:43 pm to
quote:

It has been stated that she is not in violation of any policy by having her nude on her private cell phone.
lol no.

Not that again. You don't realize that statement is incorrect? It was stated and not proven that she is not violating one very specific policy, not "any" policy as you keep claiming.

You have argued this pretty hard based on 1 quote from the girl. Seems odd since you're going to err on the side of caution.
Posted by dukke v
PLUTO
Member since Jul 2006
216153 posts
Posted on 3/2/16 at 6:47 pm to
quote:

No. I have nudes of others




Ok. And if somehow a co-worker gets to your phone and posts ANY picture of you online.... Yet YOU left your phone where is was easy to get ahold of.... Whos at fault....
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 6:49 pm to
The co-worker. And he/she is going to face some serious charges.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 6:52 pm to
quote:

You don't realize that statement is incorrect?

how is it not correct?
quote:

It was stated and not proven that she is not violating one very specific policy

this pretty much says it's not a violation.Not proven by whom? If the district told she's not in violation of the cell phone policy, then come out and say she is, then I call Shenannigans.
quote:

not "any" policy as you keep claiming.

I said she's not in violation of the cell phone policy, not that she's not in violation of any policy. I've said that over and over again.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 6:54 pm to
quote:

And if somehow a co-worker gets to your phone and posts ANY picture of you online.... Yet YOU left your phone where is was easy to get ahold of.... Whos at fault.

The co-worker. My phone is my private property and I am not in violation of any company policy by having the phone or by the content on my phone. Nor am I in violation of any law. Just sayin.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 6:57 pm to
A woman wears a really sexy outfit, then gets raped. Who's at fault here?
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 6:59 pm to
quote:

A woman wears a really sexy outfit, then gets raped. Who's at fault here?

I'm gonna say the rapist.
Did I get it right?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 7:01 pm to
quote:

I said she's not in violation of the cell phone policy, not that she's not in violation of any policy


quote:

It has been stated that she is not in violation of any policy by having her nude on her private cell phone.
these 2 are contradictory, fwiw. There it is, "any policy", not any cell phone policy, maybe it's just worded incorrectly on your part?



quote:

Not proven by whom? If the district told she's not in violation of the cell phone policy, then come out and say she is, then I call Shenannigans.
Are you saying it has been proven?



Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 7:02 pm to
quote:


I'm gonna say the rapist.
Did I get it right?


Don't know. Depends on if he took rape pics or not.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 7:02 pm to
quote:

A woman wears a really sexy outfit, then gets raped. Who's at fault here?
This woman is doing nothing wrong.
It's debatable in the other case. You can say it isn't but it certainly is.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 7:04 pm to
It was a joke. Relax.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 7:07 pm to
quote:

There it is, "any policy", not any cell phone policy, maybe it's just worded incorrectly on your part?

My mistake. It has been stated, but not proven, that she is not in violation of the cell phone policy. By that, I mean that it has been stated, but not proven, that having a nude of herself on her private cell phone is not in violation of the cell phone policy of the district in which she teaches.
quote:

Are you saying it has been proven?


No, I said she was told she is not in violation of the cell phone policy. By that, I mean her having her nude photo on her private cell phone does not violate the district's policy on her private cell phones and the content therein.
Then I said, IF it comes out that they told her she was not in violation of the cell phone policy, having her nude photo on her private cell phone, then say that she is in fact in violation of the cell phone policy, that having her nude photo on her private cell phone, then I call shenannigans on the district. By that, I mean, they have decided to cover their asses after the fact at the expense of the teacher.

If it turns out she lied, then all bets are off.

The little fricker still shouldn't have stolen her cell phone and disseminated her picture. And by that, I mean the student that appropriated her cell phone and took the picture of the picture and then sent it out.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 7:07 pm to
quote:

NoHoTiger
If the teacher sues for wrongful termination, you think she should win?

If yes, why?

If no, why not?

If I don't now, why?
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 7:07 pm to
quote:

Depends on if he took rape pics or not.

Doesn't count if he locked his phone.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 7:09 pm to
She still shouldn't have been just sitting around like that with no protection
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 7:11 pm to
quote:

No, I said she was told she is not in violation of the cell phone policy
The good thing is, I do understand your point now...but, that is not what you said, i even quoted the line, and it said "any policy", not any policy related to cell phones, that made that line very confusing as to your overall premise.

quote:

The little fricker still shouldn't have stolen her cell phone and disseminated her picture. And by that, I mean the student that appropriated her cell phone and took the picture of the picture and then sent it out.

That is definitely getting lost in the fact, but granted, that's because we can at least all agree on his shiftiness level so there isn't much to debate or talk about there.
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