When we begin thinking of discipline in the school, the understanding of the seriousness of its practice needs to be clearly communicated in the school to all staff and students. School policies and conduct are reflected throughout the school year in bits and pieces but I find the protocol and consequences are rarely discussed. In my school, in the beginning of every year, we go through these “school rules” with our classes. Then they become “forgotten” as students become comfortable and some fall ignorant of their own actions.
There is one incident that occurred a couple years ago that I specifically think of in this regard. A grade 11, that was quite well behaved in my class, was always on task and had a friendly nature that was evident in his interactions with the other students, was absent one day. This was unusual, since he was always punctual. He missed the next class as well. I asked the class if anyone had heard from him and gossip had spread that he had been suspended. When these disciplinary actions take place, teachers rarely receive an email about the occurrence. Apparently, this student, with a few other boys had sexually harassed another student and tried recording it on their smartphones in the process. Eventually, this student no longer returned to our school.
There are obviously a few legal issues that have been triggered from this unfortunate event. Most importantly, “Article 1, Section 28 of the California Constitution specifies that all public school students and staff have the “inalienable right to attend campuses which are safe, secure, and peaceful”” (Kemerer & Sansom, 2013, Ch. 9). There is no argument that this was not what the girl felt. Next to consider, “Suspension for a first-time offense is typically not an option, certain acts permit and may require suspension regardless of whether other means of correction may bring about proper conduct” including Student Act Section 48900 of “committing or attempting to commit a sexual assault as defined…” (Ch. 9).
Other than taking away a student’s Constitutional Right, this boy’s “[bullying], including by electronic means, against a school…student is now a suspendable or expellable offense in California” (Ch. 6). This type of cyberbullying involved the use of smartphones capturing video and/or images of the victim. The fact of the matter is, these boys might have guessed at the time that their actions were only “for fun” and didn’t think of the legal implications. How could this be prevented? Why hasn’t anything been done to ensure this hasn’t happened before or won’t happen again? Where is the education factor?
In reference to the Granowitz v. Redlands Unified School District, “Evan Granowitz was given a five-day suspension for sexual harassment” (Ch. 9). How has this discipline help? Why five days other than the fact that, “A single suspension cannot exceed five consecutive school days” (Ch. 9)? When the topic of suspension came up in my class, my students shook their head and said, “What’s the point?” Most of them agreed that the “bad kids” didn’t want to be in school anyway and now those students just had a lot of missed classwork to catch up on. In this scenario with Evan, does the victim of the sexual harassment feel safe knowing he is still in the same school with them?
Furthermore, we learn that Evan and his father tried to sue unsuccessfully the school district “and the principal alleging a denial of due process of law” when names of Evan’s accusers were held anonymous, and rightfully so according to the Education Cod Section 48918 (f) (Ch. 9). Hence, I could understand how personal information as such should be held secure; however, moments like these could be used as learning opportunities and guidance so that schools could grow better as a community. Perhaps the lack of communication only happens at my school and we simply need to have a protocol for teachers to know why our student is missing from class and how to diffuse gossip amongst students.
Reference:
Kemerer, F. & Sansom, P. (2013). California School Law (3rd Ed.). Stanford, CA: Stanford University Press
There is one incident that occurred a couple years ago that I specifically think of in this regard. A grade 11, that was quite well behaved in my class, was always on task and had a friendly nature that was evident in his interactions with the other students, was absent one day. This was unusual, since he was always punctual. He missed the next class as well. I asked the class if anyone had heard from him and gossip had spread that he had been suspended. When these disciplinary actions take place, teachers rarely receive an email about the occurrence. Apparently, this student, with a few other boys had sexually harassed another student and tried recording it on their smartphones in the process. Eventually, this student no longer returned to our school.
There are obviously a few legal issues that have been triggered from this unfortunate event. Most importantly, “Article 1, Section 28 of the California Constitution specifies that all public school students and staff have the “inalienable right to attend campuses which are safe, secure, and peaceful”” (Kemerer & Sansom, 2013, Ch. 9). There is no argument that this was not what the girl felt. Next to consider, “Suspension for a first-time offense is typically not an option, certain acts permit and may require suspension regardless of whether other means of correction may bring about proper conduct” including Student Act Section 48900 of “committing or attempting to commit a sexual assault as defined…” (Ch. 9).
Other than taking away a student’s Constitutional Right, this boy’s “[bullying], including by electronic means, against a school…student is now a suspendable or expellable offense in California” (Ch. 6). This type of cyberbullying involved the use of smartphones capturing video and/or images of the victim. The fact of the matter is, these boys might have guessed at the time that their actions were only “for fun” and didn’t think of the legal implications. How could this be prevented? Why hasn’t anything been done to ensure this hasn’t happened before or won’t happen again? Where is the education factor?
In reference to the Granowitz v. Redlands Unified School District, “Evan Granowitz was given a five-day suspension for sexual harassment” (Ch. 9). How has this discipline help? Why five days other than the fact that, “A single suspension cannot exceed five consecutive school days” (Ch. 9)? When the topic of suspension came up in my class, my students shook their head and said, “What’s the point?” Most of them agreed that the “bad kids” didn’t want to be in school anyway and now those students just had a lot of missed classwork to catch up on. In this scenario with Evan, does the victim of the sexual harassment feel safe knowing he is still in the same school with them?
Furthermore, we learn that Evan and his father tried to sue unsuccessfully the school district “and the principal alleging a denial of due process of law” when names of Evan’s accusers were held anonymous, and rightfully so according to the Education Cod Section 48918 (f) (Ch. 9). Hence, I could understand how personal information as such should be held secure; however, moments like these could be used as learning opportunities and guidance so that schools could grow better as a community. Perhaps the lack of communication only happens at my school and we simply need to have a protocol for teachers to know why our student is missing from class and how to diffuse gossip amongst students.
Reference:
Kemerer, F. & Sansom, P. (2013). California School Law (3rd Ed.). Stanford, CA: Stanford University Press