Should These Girls Have Been Suspended From School For This?

[Voyager]

Two Indiana teenagers whose sexually suggestive slumber party pictures made their way into the hands of the high school principal are fighting back against what they say is an unfair suspension from athletics for activities that took place off school grounds.

The American Civil Liberties Union of Indiana has filed suit on behalf of the two sophomore girls. The suit claims the Smith-Green Community School Corporation and Churubusco High School Principal Austin Couch violated the girls' First Amendment rights when they suspended them from extra-curricular activities and forced them to attend counseling sessions over a few racy photos that were posted on their MySpace pages.

"I don't think this is a unique problem of trying to define that line as to where the school stops and where student expression begins," Indiana ACLU Legal Director Ken Falk, also the girls' attorney, told ABCNews.com today.

According to the lawsuit, filed Oct. 23 in U.S. District Court, the teens -- identified in court papers as T.V. and M.K. -- had attended a sleepover with friends who were also students at Churubusco High School in the summer months before school started.

"During the sleepover, the girls took pictures of themselves pretending to kiss or lick a large multi-colored novelty lollipop-shaped phallus that they had purchased, as well as pictures of themselves in lingerie with dollar bills stuck in their clothes as well as other pictures," the lawsuit stated.

"They intended this to be humorous and all the participants considered it to be so," it continued.

The lawsuit claims that the girls, who in no way identified themselves in the pictures as students of Churubusco High School, then posted the pictures on their MySpace pages to share with their friends.

"There's a lot of questions that can be asked about what sophomores do. That's why there's the term 'sophomoric,'" Falk said. But he added that the girls' actions, which the lawsuit referred to as "expressive activity," were "irrelevant" to school functions.

An uknown person was able to access the pictures, copy them and hand them over to school personnel. They were eventually given to Couch, who suspended both T.V. and M.K. from all extra-curricular activities for the school year, including athletics, which both of the girls participated in.

The lawsuit claims that both teens' parents spoke with the principal and were told that he could cut down the punishment to suspend them from just 25 percent of the girls' activities only if they went to three counseling sessions and individually apologize to the school's athletic board, which is comprised of the school's varsity head coaches.

"That is simply beyond the power of the school to regulate," Falk said.

Darnell told ABCNews.com today that he's been advised by the school's legal counsel not to comment beyond a one-page statement issued today.

In the statement, Darnell said the girls' pictures "were highly inappropriate in content" and that they "caused a disruption within our athletic teams at the beginning of this year's sessions."

"We stand behind decisions made by Mr. Austin Couch, the high school principal, in this situation," Darnell's statement said. "When students choose to violate extra-curricular expectations, there are consequences."

"As a district, we support our student behavior policies for expected behavior in and out of season," the statement continued. "Our administration at the high school makes every effort to assure fairness exists for all of our students."

[StevePerryHair]

Hmmm, I don't really understand why something that happened off school property is a school issue. I mean I can see if it's a private school, because they have rules and can do what they want, but not public school. My daughter told me that girl's in the 7th grade at a bday party were dancing suggestively with each other to impress the boys at the party And they actually got suspended from an athletic event at school when a teacher found out she said. That makes no sense to me. To me it's a parental issue, not a school issue.

[stevew2]

No, post a link next time fucktard

[Voyager]

I could see them kicking the girls off the athletic team if they don't want the team to have a slutty image, but kicking them out of school and denying them an education due to something they did at home that wasn't illegal seems communistic to me.

[StevePerryHair]

I could see them kicking them off the athletic team if they don't want the team to have a slutty image, but kicking them out of school and denying them an education due to something they did at home that wasn't illegal seems communist to me.

So no slutty girls in sports or cheerleading I think when I was in school half the girls would have been banned

[Michigan Girl]

I could see them kicking the girls off the athletic team if they don't want the team to have a slutty image, but kicking them out of school and denying them an education due to something they did at home that wasn't illegal seems communistic to me.

NOPE!!! Not if they were NOT in uniform...if so, kick 'em off!!

[StevePerryHair]

I could see them kicking the girls off the athletic team if they don't want the team to have a slutty image, but kicking them out of school and denying them an education due to something they did at home that wasn't illegal seems communistic to me.

NOPE!!! Not if they were NOT in uniform...if so, kick 'em off!!

Exactly. To me it's no different than the school situation. If they weren't representing the school or the team, then how is that justified? Definite case of government intervening where parenting should.

[Michigan Girl]

I could see them kicking the girls off the athletic team if they don't want the team to have a slutty image, but kicking them out of school and denying them an education due to something they did at home that wasn't illegal seems communistic to me.

NOPE!!! Not if they were NOT in uniform...if so, kick 'em off!!

Exactly. To me it's no different than the school situation. If they weren't representing the school or the team, then how is that justified? Definite case of government intervening where parenting should.

Absolutely!! You are representing your school when you are at some sort of school function/event or in a school uniform
of any sort, other than that the school should have NO CONTROL...if they do something is wrong!!!

*exempt are private schools in which contracts may be signed in advance!!!

[stevew2]

I could see them kicking the girls off the athletic team if they don't want the team to have a slutty image, but kicking them out of school and denying them an education due to something they did at home that wasn't illegal seems communistic to me.

NOPE!!! Not if they were NOT in uniform...if so, kick 'em off!!

Exactly. To me it's no different than the school situation. If they weren't representing the school or the team, then how is that justified? Definite case of government intervening where parenting should.

Absolutely!! You are representing your school when you are at some sort of school function/event or in a school uniform
of any sort, other than that the school should have NO CONTROL...if they do something is wrong!!!

*exempt are private schools in which contracts may be signed in advance!!!

Can I see you out of uniform?????

[JasonD]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

[stevew2]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

[hoagiepete]

No, post a link next time fucktard

To the girls photos???

[StevePerryHair]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

Kinda like you had to use unassholish in the other thread

[JasonD]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

Yep, I'm online. Who knew I could roll outta bed before 6 o'clock in the evening?

[stevew2]

No, post a link next time fucktard

To the girls photos???

damn straight

[stevew2]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

Yep, I'm online. Who knew I could roll outta bed before 6 o'clock in the evening?

You must have not done much pluggin last night, plus the time change helps

[stevew2]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

Kinda like you had to use unassholish in the other thread

great minds think alike ,except i only like girls

[JasonD]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

Yep, I'm online. Who knew I could roll outta bed before 6 o'clock in the evening?

You must have not done much pluggin last night, plus the time change helps

... don't they have Daylight Savings Time in Australia? The clock on here is f'cked.

[stevew2]

What they do in the privacy of their own homes is their business (& their parents). The school needs to butt out of it.

I knew you would put butt in there somewhere

Yep, I'm online. Who knew I could roll outta bed before 6 o'clock in the evening?

You must have not done much pluggin last night, plus the time change helps

... don't they have Daylight Savings Time in Australia? The clock on here is f'cked.

they dont have clocks they still use sundials and cook with kangaroo turds

[DrFU]

The logic goes like this: Participation in extracurricular activities is a privilege, not a right (same reason random drug testing is legal for athletes and not for the general school population). The girls in question were suspended from their extracurricular activities, not their regular classes. Almost every team/sport/activity has a code of conduct that has been approved by the local school board and carries the force of law. Parents and students sign annually that they have read and agree to the provisions of the code of conduct. Most of these codes state that the rules are in force 24 hours, 7 days a week. The idea is that bad or unlawful behavior on the part of any team member (where/whenever it happens because people find out about it talk) interfers with discipline and morale and undermines the success of the team.

This stuff has been litigated in the past, with most decisions upholding the rights of schools to have reasonable rules for extracurricular activities and to enforce them consistently. However, the internet and text messaging have recently created a huge amount of gray area; school administrators are really struggling with this.

http://www.wired.com/threatlevel/2009/0 ... g-hysteri/

[Michigan Girl]

The logic goes like this: Participation in extracurricular activities is a privilege, not a right (same reason random drug testing is legal for athletes and not for the general school population). The girls in question were suspended from their extracurricular activities, not their regular classes. Almost every team/sport/activity has a code of conduct that has been approved by the local school board and carries the force of law. Parents and students sign annually that they have read and agree to the provisions of the code of conduct. Most of these codes state that the rules are in force 24 hours, 7 days a week. The idea is that bad or unlawful behavior on the part of any team member (where/whenever it happens because people find out about it talk) interfers with discipline and morale and undermines the success of the team.

This stuff has been litigated in the past, with most decisions upholding the rights of schools to have reasonable rules for extracurricular activities and to enforce them consistently. However, the internet and text messaging have recently created a huge amount of gray area; school administrators are really struggling with this.

So true, Doc and I have signed many of them.
I personally, have never signed anything giving the school board authority
beyond the school activity/uniform code of conduct rules!!

[Lula]

this is a parenting issue, not a school issue.

[StevePerryHair]

The logic goes like this: Participation in extracurricular activities is a privilege, not a right (same reason random drug testing is legal for athletes and not for the general school population). The girls in question were suspended from their extracurricular activities, not their regular classes. Almost every team/sport/activity has a code of conduct that has been approved by the local school board and carries the force of law. Parents and students sign annually that they have read and agree to the provisions of the code of conduct. Most of these codes state that the rules are in force 24 hours, 7 days a week. The idea is that bad or unlawful behavior on the part of any team member (where/whenever it happens because people find out about it talk) interfers with discipline and morale and undermines the success of the team.

This stuff has been litigated in the past, with most decisions upholding the rights of schools to have reasonable rules for extracurricular activities and to enforce them consistently. However, the internet and text messaging have recently created a huge amount of gray area; school administrators are really struggling with this.

http://www.wired.com/threatlevel/2009/0 ... g-hysteri/

You know, maybe I should be reading my school code of conducts I sign more closely I just take for granted that my kids never broke any codes!!

[Rockindeano]

This is a school issue. I see this as being a part of the cheerleader squad as being something more than just a student. There was probably an agreement that stated that the girls would be held to a code of conduct superior to that of a regular student. Thus I believe they probably were cited for "conduct detrimental to the team/school/squad." Also, this is Indiana we're talking about; you know, the Bible Belt, Where everyone is fucking screwy.

[S2M]

Back when I was in highschool guys had to do more than google, or myspace to search out the sluts....

It was more like National Treasure, or the DaVinci Code....secret maps, symbology, ancient societies....etc.

Nowadays kids just have to click on MySpace....how lazy....

[Ehwmatt]

This is a school issue. I see this as being a part of the cheerleader squad as being something more than just a student. There was probably an agreement that stated that the girls would be held to a code of conduct superior to that of a regular student. Thus I believe they probably were cited for "conduct detrimental to the team/school/squad." Also, this is Indiana we're talking about; you know, the Bible Belt, Where everyone is fucking screwy.

On one strong hand, I feel that the school has no right to be privy to these things, much less handing down punishment.

On the other hand, Dean makes a good point. When you're an athlete, you represent the school. Not just at practice and at games, but always. You are held to a higher standard of conduct. For better or worse, that's the way it is and the way it always will be. I played high school/collegiate athletics and I always had to at least be a little careful about what I did.

When you're an athlete or otherwise represent your class/school, you become a "public figure" as far as the school is concerned... probably somewhat rightly so.

[Lula]

so i didn't read the story

they are cheerleaders then? they posed in uniform? yeah, not too smart on they're part. kick em off the squad, but don't take away their academics with suspension. tough call. as a teacher i hate seeing kids miss school..... i don't know

[StevePerryHair]

Back when I was in highschool guys had to do more than google, or myspace to search out the sluts....

It was more like National Treasure, or the DaVinci Code....secret maps, symbology, ancient societies....etc.

Nowadays kids just have to click on MySpace....how lazy....

Yeah, kinda like all that porn you guys can get to so easily now. Click of a mouse. No more embarrassing trips to the adult store! How lazy

[StevePerryHair]

so i didn't read the story

they are cheerleaders then? they posed in uniform? yeah, not too smart on they're part. kick em off the squad, but don't take away their academics with suspension. tough call. as a teacher i hate seeing kids miss school..... i don't know

actually I dont' see where it says cheerleaders. It says lingerie I believe!

[Michigan Girl]

so i didn't read the story

they are cheerleaders then? they posed in uniform? yeah, not too smart on they're part. kick em off the squad, but don't take away their academics with suspension. tough call. as a teacher i hate seeing kids miss school..... i don't know

No, they were not...if they had been in uniform THEEEEEYYYY'RE OUT!!!