12:30 A.M. 31-5-2006
I finished the last cigarette in the pack, and that is aslo the last cigarette that I ever smoked...
Life of yours sincerely as a dream catcher..
Enneargram: conscious personality is Type 3w2 unconscious personality is Type 9w8
Posted by Eugene Volokh:
A Bit Excessive, No?
http://volokh.com/archives/archive_2006_05_07-2006_05_13.shtml#1147203516
[1]A local TV station site reports:
Ryan Biggar, 16, and his 17-year-old girlfriend had permission to
leave Middle Creek High School for an off-campus program. When
their event was canceled for the day, they were caught having sex
in the girl's home.
It violated school rules, and officials say those rules apply no
matter where you are during school hours.
But ... Biggar's family is filing a lawsuit against the school
system, saying his suspension for the rest of the school year is
unconstitutional. He says he had no notice that private,
consensual, off-campus sexual activity could subject him to school
suspension....
Wake County school spokesman Michael Evans says that having sex
during school hours breaks the rules -- even in a private home.
"Whereever you are during school hours. It's a privilege to leave
campus for lunch and you sign a form to that effect, as do your
parents," Evans said. "So it was with full consent and knowledge
that they participate under these rules and if they chose to break
them then disciplinary action will come into play."
Court documents include a copy of the lunch permit application,
which states that students exercising off-campus lunch privileges
are subject to the rules of student conduct, as applicable to the
regular school day. Biggar and one of his parents had signed the
application....
I can't speak to whether the suspension violates school rules or
state
law -- or violates the Due Process Clause because there wasn't
adequate notice.
But setting aside the legal question, even if the student did
violate
the rules, isn't the punishment (what sounds like several weeks'
suspension) somewhat disproportional to the offense? Yes, he was
essentially playing hooky, and should be punished for that; but I
don't see why it's the school's business whether he was playing
hooky
to have sex at home or playing hooky to play video games at home. (I
believe that the age of consent in North Carolina is 16, so there's
no
question of illegality here.) Screwing up the boy's (and presumably
the girl's) studying and exam schedule, and depriving them of a
month
or more of what one would hope is a valuable educational experience,
doesn't seem to make much sense.
Thanks to reader Mike Bavli for the pointer.
References
1. http://abclocal.go.com/wtvd/story?section=local&id=4154105