01-14-12 06:50 PM
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  1. t3ddie's Avatar
    Since when does a teacher sends a student an email? What's wrong with talking face to face?
    I must admit, you are a good buddy and decided to give your phone and not your friend's. Try to talk with your teacher and maybe this will all go away!
    01-12-12 02:44 AM
  2. JR A's Avatar
    Personally, I wouldn't give them anything of mine, ESPECIALLY my BB.



    Here's what I would do:

    1. Ask the teacher to cite the school's policy on use of cell phones in school.
    2. Ask her to show you in writing said policy.
    3. Ask to see the allowed punishment of such violation
    4. Ask to see proof of you/parents agreeing to such policy before being enrolled.

    and lastly, I would tell the teacher that I do not have to, nor do I choose to, give up any of personal property, that does not add detriment to nor deter the well-being or equal opportunity, to anyone, including said teacher. And if the teacher does not like it then he/she will have to take it from me unwillingly, and forcefully, resulting in a huge legal matter.

    If that happened to me (and it has a few times when I was in high school), I'll just restate the facts to myself and my teacher:

    1. This is my personal property.
    2. I did not agree to any such policy to voluntarily endow such property
    3. The use of my personal property had no adverse result to anyone

    and lastly:

    No one is confiscating any of my personal property. Period.


    I would rather leave the class than to give into something unjust like that. What is she gonna do? Fail you for the semester because of that? Pfft, I'll just go self-study/home schooling if that's the case...






    EDIT:

    I see you're in Canada. Sorry if I come off as "a bit too much". I guess that's the American spirit coming out on this forum.
    Last edited by jranciano; 01-12-12 at 04:27 AM.
    01-12-12 04:23 AM
  3. Superfly_FR's Avatar
    To the OP.
    The usage of your phone was answering to an email, right ?
    More over, this is an official message from your teacher.

    So :
    1/ You didn't use a phone, but a wifi-enabled device that read mails
    2/ you set special rules that alerts you when mails come from school, as they are reputed urgent.
    And the final question : what if I had answered this mail from a self-service computer of the school ?

    Finaly, if you don't want to fight, just find an old BB, drain the battery, put whatever SIM you want in it, secure it by password and let them think it's yours.
    Bottom line : and keep yours home or OFF during school. I do agree that phone usage must be banned from school.
    01-12-12 04:34 AM
  4. BBPandy's Avatar
    In Canadian schools they do have the right to confiscate phones & read them if they are unlocked (as long as they don't search them) You must comply with the rules as a condition for attending the school

    Last year a 14 year old kid had his phone confiscated for txt'n in class. The teacher took the phone. Shortly after she confiscated it, a new txt came in & popped up on the screen. Turns out it was from the kid's drug dealer confirming a sale.

    The kid was taken to the principles office, the police called & the kid forced to give up his dealer. The school and the police were taken to court by the kid's father over violating his kids rights. The court said that as the kid was in school & the rules say they can confiscate phones they were allowed to take the phone. As they didn't start searching the phone until after a msg popped up indicating a drug deal they also didn't do an illegal search.

    Personally if I were that 14 year old's father, I would be more upset that my kid 14 year old kid is involved in drugs instead of that he got caught. Better suspension or detention over OD or getting stabed/shot
    BoldtotheMax likes this.
    01-12-12 04:40 AM
  5. JR A's Avatar
    In Canadian schools they do have the right to confiscate phones & read them if they are unlocked (as long as they don't search them) You must comply with the rules as a condition for attending the school

    Last year a 14 year old kid had his phone confiscated for txt'n in class. The teacher took the phone. Shortly after she confiscated it, a new txt came in & popped up on the screen. Turns out it was from the kid's drug dealer confirming a sale.

    The kid was taken to the principles office, the police called & the kid forced to give up his dealer. The school and the police were taken to court by the kid's father over violating his kids rights. The court said that as the kid was in school & the rules say they can confiscate phones they were allowed to take the phone. As they didn't start searching the phone until after a msg popped up indicating a drug deal they also didn't do an illegal search.

    Personally if I were that 14 year old's father, I would be more upset that my kid 14 year old kid is involved in drugs instead of that he got caught. Better suspension or detention over OD or getting stabed/shot

    I figured there were laws as such in Canada. I didn't realize the OP is in Canada til after I posted my comment. Do ALL provinces of Canada support that policy?


    I for one am against confiscating personal things such as cell phones, especially if they're not affecting other people. If I was a teacher and pissed off because a kid was text messaging during class and creating a distraction, I would just send him outside and he can handle his business as he so pleases.

    The kid obviously doesn't want to pay attention/learn, or at least feels his conversation on the phone is more important. If that's the case, no need in trying to take away the phone (which is just vehicle for their disinterest, not the cause...), just send the kid outside. It's pretty cut and dry in my mind....
    01-12-12 04:47 AM
  6. smithey1981's Avatar
    I had this in the uk and when I asked for proof in writing that they will take full liability for the phone and the phone would be fully insured against being lost, stolen or damaged. They decided not to take my sons phone
    ezrunner likes this.
    01-12-12 04:52 AM
  7. BBPandy's Avatar
    I figured there were laws as such in Canada. I didn't realize the OP is in Canada til after I posted my comment. Do ALL provinces of Canada support that policy?
    Not sure. I think all schools these days have no using cells durring school rules. While on school ground schools do have the legal right to confiscate any items from students that are seen as distracting from learning or dangerous to other students. (providing they have a written policy in place)

    I can't say that another case in another province would be ruled the same way, however once precident has been set it's tough going against it (outside of Quebec)


    Schools in Canada and the US have broader enforcement abilities then other organisations. For example in the US & Canada random drug checks are legal with out warrants.
    01-12-12 05:01 AM
  8. jaydee5799's Avatar
    Well, being a teacher, I can tell you what the rules are in my state. Studens may possess a wireless telecommunications device (this is the way it's worded) on school premises. However, they are not supposed to have it on during the instructional hours. Students in violation of this can have their devices confiscated. This is in the student parent handbook. The parents and students sign a slip saying they have read the book and agree to the rules. And it would be uncommon for other states to not have it stated this way.

    So, yes, if a student has their cell phone out and they are using it, then it can be taken away. It's not because they want to rifle through it, it's because the student is breaking the contract. A lot of teachers don't take teh cell phones away and some teachers take every students phone away.

    With most students now carrying cell phones, cell phone theft became common, cheating through the use of cell phones wasn't uncommon, etc. Yes, I know, not every student does but it was/has become/and still is a problem. The easiest way to deal with these issues is to say don't bring phones. However, that's not really feasible. So the next best thing for school districts to implement is not to use them during school hours.

    What my school typically does is if they take a phone, the student can come get it at teh end of the day. If it gets taken away a second time, the parents have to come and get it.

    The simple answer is to take the sim out, bag it up, turn it in. Apologize and ask when you can have it back. I'm willing to bet if you apologize (even if you're not sorry) for breaking the rules, it'll go a long way in getting it back.

    Actually, I'd prob run this one past your parents and ask them for advice on which phone to turn in. Sometimes life is tough when you're a minor.
    Finally, someone with some common sense. People, I don't know where you live but you are a little removed from High School to understand the way things work. In my district, there is a code of conduct and each student SIGNS OFF on it at the beginning of the year. Therefore, infractions are spelled out. And they have been approved by the Board of Education. So when someone breaks a rule, they pay the price. End of story. Yes, they can confiscate and no, they don't have time to LOOK THROUGH the sms messages? Who does this?That's idiotic unless the phone was used in the commission of a crime, in which case our school resource police officer would take it as evidence and then the legal system kicks in. Usually, the principal (or one of the assistants puts the phone in a desk drawer till the end of the day and the student comes in to apologize and claim it. That's all.

    Handing over an old phone sounds about right.
    In our high school, students are allowed to use their phones at any time EXCEPT in class. In class use is at teacher's discretion. My class (Cisco Networking Academy) happens to demand smartphones because we are experimenting all the time with the wireless network. They use em in my class.

    Are phones still confiscated? Sure. When someone tries to use one during a class that has not allowed them. Funny thing about schools...they try to make students responsible for their actions. Go figure.
    Prince_Poppycock likes this.
    01-12-12 06:32 AM
  9. mjs416's Avatar
    Well, I'm 18, so I do take it a bit offensively when you call me a kid. I'm not saying that I walk aimlessly while texting or text and drive, because I don't. Plus, this OP, if in high school, is definitely not 12 (unless he is incredibly bright for his age, in which case we probably wouldn't be having this conversation).
    If you dont then you are in the minority. Since you seem stuck on semantics - give me a good reason a "14" year old needs a cell phone and Ill stfu.

    There are definitely emergency reasons as to why young kids need phones.
    So what did kids do 10 years ago? Thats an excuse IMO since rarely are these phones used for emergency purposes and more likely to be used to text their buddy "OMFG WTF GTFO LOL! ))"


    Plus, what is all this technology at our fingertips for if we shouldn't use it and have our kids use it? No offense, but rules put on young adults should be no different from those placed on adults in this case.
    Riiiiiiiiiiight because kids should have the same rights as adults. LOL. That shows how young you are as I typically hear that argument from tweens being upset that mommy and daddy yanked their cell phone because they were texting during dinner. Somehow kids these days think they are entitled to everything. Guess what - as soon as you are out on your own making a living you can do what you want to do.

    And back to the OP, we are talking about a school related email, something relevant to his education and part of the reason he is going to school in the first place. Sure he could have waited until after class, but he didn't and we shouldn't be here to scold the OP, but to help him through his problem, because I personally thing a school being able to confiscate your cell phone for a first time offense for a week, especially when relating to something scholastic, is ridiculous.
    Well its a good thing school policy isnt dictated by an 18 year old isnt it?
    BoldtotheMax likes this.
    01-12-12 07:14 AM
  10. mjs416's Avatar
    I had this in the uk and when I asked for proof in writing that they will take full liability for the phone and the phone would be fully insured against being lost, stolen or damaged. They decided not to take my sons phone
    So you encourage your kids to use cell phones in school? If I was an administrator I would have laughed at you and chucked your kids phone in my drawer.

    Edit: I just want to say that it is frightening that the parents in this thread advocating that the school not be able to enforce policy and allow kids to text and email during class. Education is secondary apparently.
    Last edited by mjs416; 01-12-12 at 07:19 AM.
    01-12-12 07:16 AM
  11. robsteve's Avatar
    I am still trying to figure our how he got his email on his friends phone and then sent a reply from his Blackberry.

    I suppose he could have used a web interface on the friends phone.

    He should just give in the real phone. The teachers are not stupid. All they have to do is casually ask one of the other students, "What model Blackberry does Johnny have?" They could also make him call it to make sure it rings.
    Last edited by robsteve; 01-12-12 at 07:45 AM.
    shupor likes this.
    01-12-12 07:35 AM
  12. SaMaster14's Avatar
    If you dont then you are in the minority. Since you seem stuck on semantics - give me a good reason a "14" year old needs a cell phone and Ill stfu.



    So what did kids do 10 years ago? Thats an excuse IMO since rarely are these phones used for emergency purposes and more likely to be used to text their buddy "OMFG WTF GTFO LOL! ))"




    Riiiiiiiiiiight because kids should have the same rights as adults. LOL. That shows how young you are as I typically hear that argument from tweens being upset that mommy and daddy yanked their cell phone because they were texting during dinner. Somehow kids these days think they are entitled to everything. Guess what - as soon as you are out on your own making a living you can do what you want to do.



    Well its a good thing school policy isnt dictated by an 18 year old isnt it?
    I'm in college, so I'm definitely more 'on my own.' Sure, I'm still supported by my family, but I work when given the chance and use that money for the luxuries that I want. And high schoolers should have rights similar to those of adults, when it comes to technology at least. If they want to screw around let them, to an extent. I was mainly annoyed that the teacher wanted to take the phone away AFTER THE FACT, when the OP obviously wasn't disruptive AT ALL while emailing because he wasn't caught! AND, it was a first time offense. I can see a slap on the wrist/warning, but coming after the fact and asking for someones personal phone for a WEEK seems way out of line.

    And I had a lot of experience with school policy, being in student government, on panels etc etc. I only seem to have done good for my school community. But, I guess you can judge somebody just by an internet forum. High ranking private schools like the one I attended thrive on student input, and statistics show that they do well with that input.
    pantlesspenguin likes this.
    01-12-12 07:55 AM
  13. mjs416's Avatar
    I'm in college, so I'm definitely more 'on my own.' Sure, I'm still supported by my family, but I work when given the chance and use that money for the luxuries that I want. And high schoolers should have rights similar to those of adults, when it comes to technology at least. If they want to screw around let them, to an extent. I was mainly annoyed that the teacher wanted to take the phone away AFTER THE FACT, when the OP obviously wasn't disruptive AT ALL while emailing because he wasn't caught! AND, it was a first time offense. I can see a slap on the wrist/warning, but coming after the fact and asking for someones personal phone for a WEEK seems way out of line.
    You are 18 so you are an adult. You can do whatever you want. But there is a big difference between what you can do (and are responsible for) and what a high schooler can do.

    And I had a lot of experience with school policy, being in student government, on panels etc etc. I only seem to have done good for my school community. But, I guess you can judge somebody just by an internet forum. High ranking private schools like the one I attended thrive on student input, and statistics show that they do well with that input.
    Well I hate to break it to you but being in student government is not even close to the same thing as being an elected school board official. You dont see the executive sessions on labor contracts - on expulsions and suspension hearings- on budgetary belt tightening and deciding how many teachers will be fired - on implementing tax increases on an already financially strapped tax base - employee disciplinary measures and all the other things boards do. So yeah - I wouldnt exactly say you have "a lot of experience with school policy". While you may have voted on your lunch calendar and had input into your dress code - thats not even 1% of the amount of crap boards deal with on a policy level.
    BoldtotheMax likes this.
    01-12-12 08:15 AM
  14. SaMaster14's Avatar


    Well I hate to break it to you but being in student government is not even close to the same thing as being an elected school board official. You dont see the executive sessions on labor contracts - on expulsions and suspension hearings- on budgetary belt tightening and deciding how many teachers will be fired - on implementing tax increases on an already financially strapped tax base - employee disciplinary measures and all the other things boards do. So yeah - I wouldnt exactly say you have "a lot of experience with school policy". While you may have voted on your lunch calendar and had input into your dress code - thats not even 1% of the amount of crap boards deal with on a policy level.
    True, we are obviously not allowed to get into details about policy, and it is very different for public schools (which are obviously most schools). But, at a private school like mine, we did discuss union problems, taxes, and the economics of teaching. Plus we were able to hear student-related cases, and student government actually voted to suspend/expel a student when the time came (the decision was ultimately the head of schools', but we heard the case and had much input).

    But again, I never said I wanted to run a school board, and what does this have to do with the OP and him using his phone and not getting caught (red handed and causing a disturbance)? My main argument is that is is ridiculous that a school can confiscate someones personal property, such as a cell phone, with indirect evidence and on a first offense.
    01-12-12 08:20 AM
  15. Underdogz's Avatar
    All I can say about this thread is Wow.

    If the OP violated school policy , Man Up, Grow a pair, and accept your consequences like an adult.

    End of story.
    01-12-12 08:21 AM
  16. Chrisy's Avatar
    Fun read.

    I say give them your real phone. You chose the behavior, you chose the consequences. That's in all things you do; be aware.

    Learn from it, and move on. There's a lot of lessons to be learned from what happened, and how you choose to deal with it.

    Says a lot about a person, how they choose to react.
    01-12-12 08:23 AM
  17. OnTopic's Avatar
    Assuming you have a computer lab or computers in school that have access to the outside world, you should have ALL your friends send the principal and e-mail that simply says Good Morning Mr/Mrs/Ms Smith.... and sign it sent from my blackberry. That would mean EVERYONE'S phones get confiscated OR the school's IT spends the time hashing the email headers.

    BTW if it were me (and it was long before cell phones existed) the school board would be contacted by the family attorney. After the third time a 'disciple issue' was addressed by us having a lawyer go straight to the school committee I was left alone. Schools can put ANYTHING into handbooks. Whether they want to defend those policies or setup additional provisions for implementing the policy in accordance with the law is the real test. I'm lucky I've always had a lawyer close by.
    01-12-12 09:18 AM
  18. GingerSnapsBack's Avatar
    Your school has the right to confiscate your property like that just for using it?
    I haven't been in school in almost 15 years but even back in the day, it was in my school handbook about electronic devices. Everything from those Zach Morris from Saved By the Bell cell phones to Walkmans and CD players were confiscated and held to the end of the year.

    Doubtful. You're a student, your rights at school are minimal. I'm surprised they didn't take it when you were caught.
    They did when I was in school. Guess the rules are more relaxed now a days.

    They want to take your phone? I would call the Police! They can't take your phone. They need to come up with some alternate punishment. I'm not a lawyer but wtf!?
    LMAO. I took calls like that when I dispatched. Cops will laugh at you and probably cite you for improper use of the system if you tried it.

    There are definitely emergency reasons as to why young kids need phones. In middle school you are away more, at friends houses, seeing movies in public places, etc etc. Sure, maybe a dumb-phone would do the trick and that's what the majority of 12 year olds get I assume
    I survived my childhood without a phone. I'm with the others in this thread - unless you're of driving age, a child has no business for a cell phone but that's just me. This country and its citizens are far too entitled. Just look at those pathetic tweets over Christmas from spoiled little kids crying because mommy and daddy didn't buy them an iPhone or a car.

    I would not give it to them at all, it is yours!!!!!! They have no right!
    Sorry. On school property, you have no rights. Hence random locker searches, drug dogs sweeping schools and backpacks in class and the rights of a teacher or principal to confiscate your phone if you take the chance and use it during school hours. There was no grace period when I was in school to use electronics. Not on recess or during lunch. If you used it and someone saw it, it was confiscated.

    Like someone else in this thread said, being a minor sucks, but you will grow out of it.

    If I was the OP, give the school your own phone. You made your bed. Sleep in it. My parents wouldn't let me give them an old phone that doesn't work. I'd be forced to give up my working phone.
    Last edited by ColdSunshine; 01-12-12 at 09:35 AM.
    TGR1, Chrisy, jaydee5799 and 3 others like this.
    01-12-12 09:32 AM
  19. kilted thrower's Avatar
    I think some of this thread is getting blown way out of proportion. All this talk about getting a lawyer and I'd refuse to give up this and that and my rights are being infringed upon.

    What it boils down to is this, if the OP goes to a school that the district has a policy in which they can take the cell phone if used during school hours, then the school can take the phone. It's that simple. It's the same as schools can enforce dress codes, ban certain hair styles, etc. And I'm telling you guys/gals as a teacher that it goes a lot further to just admit that you broke a rule, apologize, and say it won't happen again. YOu'll prob get your phone back that day. All this fight the system because he apparently broke a rule and are enforcing a rule that he broke. Geez. I don't know how many of you are parents but I specifically tell my daughters when they leave for school that they are not to use their phones while in class. If they get caught and get their phones taken away, then I'll keep em for a few extra days.

    My advice--OP needs to flip through the student parent handbook (that his parents and he signed) and find the section on electronic devices and see what the written stance is. Hand in the older BB device. And from now on don't reply to emails right there on the spot obviously unless in the computer lab.

    It's been 18 years since I've been in high school. Students didn't have cell phones back then because of how expensive they were. But our handbook then stated similar with stuff like walkmans...that's right...we had this thing that played something called cassette tapes.
    01-12-12 09:50 AM
  20. kilted thrower's Avatar
    Assuming you have a computer lab or computers in school that have access to the outside world, you should have ALL your friends send the principal and e-mail that simply says Good Morning Mr/Mrs/Ms Smith.... and sign it sent from my blackberry. That would mean EVERYONE'S phones get confiscated OR the school's IT spends the time hashing the email headers.
    This would be a good way to just have the school implement a school wide phone ban. And that is something they absolutely can do.

    BTW if it were me (and it was long before cell phones existed) the school board would be contacted by the family attorney. After the third time a 'disciple issue' was addressed by us having a lawyer go straight to the school committee I was left alone. Schools can put ANYTHING into handbooks. Whether they want to defend those policies or setup additional provisions for implementing the policy in accordance with the law is the real test. I'm lucky I've always had a lawyer close by.
    If it's in the handbook and the parents and students signed it. And, actually, if the parents signed it, it's a moot point if the student (who's a minor signs it), then if you break the rules in the handbook, you've broken the rules and suffer the consequences.

    I can tell you that my rules in my classroom are that students can use their phones in the last 15 minutes of class to text or play games as long as the volume is off. I don't want to hear them. And I don't want to see them during class. Technically I could take them but as long as they are not disrupting my class, I don't care. But if I see a student using his/her phone before this 15 minutes is up, I'll take it. They can get it back from me at the end of class the first time, the end of the day the second time, and then the parents have to come get it from teh office the third time. I send home a syllabi for the parents and students to sign, and I verbally go through these rules so that the student understands and knows them. And, for the record, I've had numerous students that would have their phone out, I'd give them the verbal warning, "Johnny I see your phone, put it away or I take it." And then 20 minutes later they have it out again.

    And I don't know about your parents but I'm sure not going to hire a lawyer if my kids get their phones taken away when they were using them when they weren't supposed to.
    jaydee5799 likes this.
    01-12-12 10:10 AM
  21. Chrisy's Avatar
    I go to a private college now. There are rules for electronic devices. When I enrolled I agreed to those terms. It's not that difficult to understand.
    01-12-12 10:13 AM
  22. shupor's Avatar
    I am still trying to figure our how he got his email on his friends phone and then sent a reply from his Blackberry.

    I suppose he could have used a web interface on the friends phone.
    That's what i'm wondering about too. Normally, you would have to activate your email account on the BB device and wait a couple of minutes(20 minutes per the activation notification) before you start receiving emails let alone reply to one.

    I do not believe the web browser contains any signatures
    01-12-12 10:16 AM
  23. smithey1981's Avatar
    So you encourage your kids to use cell phones in school? If I was an administrator I would have laughed at you and chucked your kids phone in my drawer.

    Edit: I just want to say that it is frightening that the parents in this thread advocating that the school not be able to enforce policy and allow kids to text and email during class. Education is secondary apparently.
    At what point did I say I encouraged the use of his phone at school. But what gives the right for a teacher to take it without having to take full liability, if it gets lost of damaged etc my points were to insure they had measures in place for if something did happen. U wouldn't borrow a car and not take liability and have insurance for it would u ???!
    01-12-12 10:18 AM
  24. GingerSnapsBack's Avatar
    At what point did I say I encouraged the use of his phone at school. But what gives the right for a teacher to take it without having to take full liability, if it gets lost of damaged etc my points were to insure they had measures in place for if something did happen. U wouldn't borrow a car and not take liability and have insurance for it would u ???!
    JFC. When the cops impound your car after you're arrested for DUI and the window gets smashed at the impound lot and your car stereo gets jacked, the city is not going to pay you damages. It's the same thing. Teacher takes your child's phone. The school gets robbed. The phone gets stolen. Ultimately it's YOUR CHILD'S fault for using the phone in the first place just as it's your fault because your car got impounded because YOU were drunk. If your child never used his phone to begin with, it never would have gotten confiscated. If you were driving sober, your car would have never been impounded and your car stereo would have never been jacked.

    Why can't people accept blame? It's not the school's fault that your child's phone got taken. It's your child's!
    01-12-12 10:32 AM
  25. mjs416's Avatar
    At what point did I say I encouraged the use of his phone at school. But what gives the right for a teacher to take it without having to take full liability, if it gets lost of damaged etc my points were to insure they had measures in place for if something did happen. U wouldn't borrow a car and not take liability and have insurance for it would u ???!
    You said you broke the principals chops to the point they said forget it. Do you honestly think they are going to take out an insurance policy on your kids phone so they can put it in their desk drawer? Liability is assumed when they take. I guess my question is - why did he have it in school in the first place? I see nothing in you post where you kid (or you) admit his/her wrong doing.
    GingerSnapsBack likes this.
    01-12-12 10:40 AM
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