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re: Teacher who had phone stolen and nudes stolen may face criminal charges
Posted on 3/2/16 at 2:04 pm to RB10
Posted on 3/2/16 at 2:04 pm to RB10
quote:Yes
The phone is still private property, is it not?
quote:How so? It's not illegal or possibly breaking a policy to have these things at home, so his analogy doesn't work, how could it possibly work when that's the actual crux of the debate and he's leaving the main piece out in his analogy?
If you disagree, the analogy went WAY over your head.
1
Posted on 3/2/16 at 2:05 pm to shel311
quote:
shel311 on 3/1/16 at 3:17 pm to AwesomeSauce
Ok, then where does it stop? If the boy is 16 then let's require her to register as a sex offender.
quote:
Or we can just give her the death penalty!!!
Pardon my bad copy/paste. I took your sarcasm (I hope) as disqualifying my statement.
Posted on 3/2/16 at 2:07 pm to shel311
quote:
How so? It's not illegal or possibly breaking a policy to have these things at home, so his analogy doesn't work, how could it possibly work when that's the actual crux of the debate and he's leaving the main piece out in his analogy?
Dude, if you're over 18, having naked pictures of yourself is not illegal, period. Just because she was at her place of employment does not change that.
The analogy works much better than the shitty ones you keep presenting.
Posted on 3/2/16 at 2:08 pm to anc
quote:
Yep. It's never the childs fault.
quote:
As a husband of a high school teacher- THIS.
As a high school teacher - This
It is never the kids fault anymore. This shite burns you out.
Posted on 3/2/16 at 2:08 pm to dukke v
quote:yes...that is private property...consider it like trespassing.
So you think it's ok for her to leave her phone where a kid could get to it?????
Posted on 3/2/16 at 2:08 pm to AwesomeSauce
All good.
I'm not advocating a criminal case against her. I also dont think I ever argued an exact punishment.
My main, and really only premise is that she is responsible for nudies of herself on her phone that is not password protected.
I just don't think it's a wipe your hands completely clean/get off free for having pornographic material of yourself that is that easily accessible to minors just because of the way it was accessed(possibly illegally).
I'm not advocating a criminal case against her. I also dont think I ever argued an exact punishment.
My main, and really only premise is that she is responsible for nudies of herself on her phone that is not password protected.
I just don't think it's a wipe your hands completely clean/get off free for having pornographic material of yourself that is that easily accessible to minors just because of the way it was accessed(possibly illegally).
Posted on 3/2/16 at 2:10 pm to RB10
quote:I'm well aware.
Dude, if you're over 18, having naked pictures of yourself is not illegal, period
quote:Oh, so she could have all the nudes of herself on her phone, polaroids, anything she wants at her place of employment where minors are? Is that your take, while calling my takes "shitty"? That doesn't make much sense, fwiw.
Just because she was at her place of employment does not change that.
Posted on 3/2/16 at 2:12 pm to RB10
From a legal standpoint, I don't see how one can hold her responsible at all. From a school wanting to fire her, different story.
Posted on 3/2/16 at 2:13 pm to Chicken
quote:
This is an odd situation. I can't believe she is being witchhunted like this...I hope the kid who did this is sued, as well as the school district that canned her.
I showed my AD this story, he is a former principal of a 5A school. I asked him how he would have handle it.
He said not too long ago you could have just kicked the kid out of school and let the teacher go after the kid and family for damages. Now, he said he would probably just sent it up to his Superintendent and let him have the final word. He said the world is just to PC now. Can't say I disagree with him sadly.
He also stated that under certain conditions they could have searched bags or lockers but trying to go through a kid's phone would have put you in a world of trouble. This is still true, yet somehow the teacher is not protected.
Posted on 3/2/16 at 2:13 pm to shel311
quote:
I just don't think it's a wipe your hands completely clean/get off free for having pornographic material of yourself that is that easily accessible to minors just because of the way it was accessed(possibly illegally).
Easy access = nude photos laying out on a desk that can just be picked up in plain view
Easy access =\= actually having to access menus in someone's phone that you took from their possession in order to access said nudes
Posted on 3/2/16 at 2:16 pm to shel311
quote:
Oh, so she could have all the nudes of herself on her phone, polaroids, anything she wants at her place of employment where minors are? Is that your take, while calling my takes "shitty"? That doesn't make much sense, fwiw.
Jesus you really have no clue what I'm actually talking about do you?
I've not once mentioned whether she should be held accountable for having the pictures. I've only said that she should not be charged criminally seeing as she hasn't broken any law.
The only thing that doesn't make sense is you talking about shite that I've never mentioned.
Posted on 3/2/16 at 2:16 pm to BluegrassBelle
quote:Disagree, i'd argue he very easily accessed them.
Easy access = nude photos laying out on a desk that can just be picked up in plain view Easy access =\= actually having to access menus in someone's phone that you took from their possession in order to access said nudes
Coulda been done in as little as 2 clicks. Theoretically easier and quicker than if the pictures were in a folder within a pile of papers, fwiw.
If he had to bypass phone locks and passwords, i'd agree. But an unlocked phone w/pics on a camera roll? I'm not buying that that was hard to access, at all.
Posted on 3/2/16 at 2:17 pm to KG6
quote:
From a legal standpoint, I don't see how one can hold her responsible at all. From a school wanting to fire her, different story.
I've only commented on the former. That's what the poster who keeps arguing with me doesn't seem to grasp.
Posted on 3/2/16 at 2:18 pm to shel311
quote:
Disagree, i'd argue he very easily accessed them.
He had to steal her property to access them. I don't care whether she had a passcode or not. Just because a student knows how to access menus in a phone doesn't make it legally accessible.
Posted on 3/2/16 at 2:23 pm to BluegrassBelle
quote:Easily accessible doesn't mean legally accessible.
Just because a student knows how to access menus in a phone doesn't make it legally accessible.
FWIW, the post of mine you quoted was a continued conversation with me and AwesomeSauce from the other thread that was solely about whether she bears SOME responsibility, not necessarily whether her role was actually legal/illegal.
Posted on 3/2/16 at 2:24 pm to dukke v
quote:
So you think it's ok for her to leave her phone where a kid could get to it?????
Kids need to keep their damn hands to themselves and not be picking up other peoples stuff and going through it. KID IS STUPID. I've never picked up someones phone that is just laying around at work.
Posted on 3/2/16 at 2:27 pm to BluegrassBelle
Is it theft if he didn't distribute them? Honest question. If you left your phone on the table at a restaurant and went to the bathroom. Then a person sits at your table and looks through your phone. Doesn't remove it from the table, just is looking through it. Can you have them arrested for theft? I guess that's where my folder analogy from yesterday came from. If it was just a file on the table and they opened it up, is that illegal and can you press charges? Again, no one is taking anything, just accessing and viewing.
This post was edited on 3/2/16 at 2:28 pm
Posted on 3/2/16 at 2:27 pm to shel311
I would argue if it isn't legally accessible then she shouldn't be held responsible. Those were her private photos, not posted on social media or anywhere else that's meant to be shared publicly. And the photos were to her husband, so between two consenting adults. She wasn't distributing them or willingly showing them to students.
I'd have my district's arse over that.
I'd have my district's arse over that.
Posted on 3/2/16 at 2:31 pm to Chicken
quote:
yes...that is private property...consider it like trespassing.
While I believe the kid should be punished, the teacher should have had it in her purse or somewhere NOT in the open...But I agree. She should not be fired or forced to resign...This is not the 70's where she had a playboy or something like that laying on her desk.....
Posted on 3/2/16 at 2:32 pm to BluegrassBelle
quote:I mean, you'd agree that she can't literally have anything she wants on her phone and get away with it being made public just because it was illegally accessed, you'd agree with that, correct?
I would argue if it isn't legally accessible then she shouldn't be held responsible
And my 2nd point on that is, if he just looked at the pics(didn't distribute), is he actually committing theft?
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