Our Child-Abusing Schools: Prosecution For A Prank

"You changed your grade on the school computer, kid--that's the death penalty!"

“You changed your grade on the school computer, kid–that’s the death penalty!”

In Holiday, Florida, Paul R. Smith Middle School eighth-grader Domanik Green was suspended for breaking into the school computer system to  change the background on his teacher’s computer to feature a photo of two men kissing. Then school administrators decided that the punishment wasn’t enough. They had him charged with the felony of computer hacking, and the fourteen year old will be tried as an adult.

The only explanation I can come up with for stories like this is that the school administrators don’t like kids. This wasn’t some sophisticated hack, like the stuff Matthew Broderick did in “War Games.” He knew the teacher’s password (his last name), and just changed the background. Changing a teacher’s background on his computer is the 21st century equivalent of putting an uncomplimentary caricature of the teacher on the blackboard. Charging a teen with a felony for that is excessive and cruel.  Putting in his own claim to a share of the Fascist Disciplinarian of 2015 award was Pasco County Sheriff Chris Nocco, who blathered, “Even though some might say this is just a teenage prank, who knows what this teenager might have done.”

Better shoot him, Chris, just to be safe. Continue reading

How Can Schools Teach Students About Citizenship And Rights When They Don’t Know What Rights Students Have?

Sorry about this, Tiffany, but your school definitely can't suspend ME...

Sorry about this, Tiffany, but your school definitely can’t suspend ME…

Today’s example of totalitarian school tactics committed by administrators who should be attending classes rather than overseeing them comes to us from Memphis, Tennessee. Highland Oaks Middle School suspended three students for posting a teacher’s mugshot on Instagram. Eighth grade teacher Tiffany Jackson had been arrested for driving with a suspended license, and a student discovered her mugshot online. He posted it,  and many more students re-posted the picture.

How could students posting public information on their own Instagram accounts be grounds for punishing them?  It isn’t. The school has no right to do this, and suspending students for such protected conduct just serves to intimidate them  and other students from exercising their rights as citizens.

That, of course, is the idea.

I agree that it wasn’t kind or fair of the students to set out to embarrass a teacher, but that’s a matter for discussion—education, perhaps— not discipline.

There has been a disturbing amount of deliberate or ignorant trampling on student speech lately, notably the University of Oklahoma expelling students for a constitutionally-protected racist chant, but also in high schools across the country where personal social media posts have been and are being treated as grounds for discipline. This is not to be tolerated from educational institutions in a democracy. Schools are fond of n0-tolerance: I can’t think of any conduct that should be less tolerated than teachers and administrators trying to control legal conduct and protected speech by students that occur off school grounds. We need to raise citizens who understand and respect individual rights, not burgeoning fascists who think that authority can and should shut down speech and conduct it doesn’t like.

At Highland Oaks Middle School, administrators eventually overturned the suspensions. I don’t care: fire them.

For this has to stop.

Meanwhile, welcome to the Streisand Effect, Ms. Jackson! Thanks to your employers trying to cover-up your offense by muzzling your students, everyone is seeing your mugshot. Just trying to do my part to discourage this blatant abuse of power….

_________________________

Pointer: Res Ipsa Loquitur

Facts: WNC Action 5

 

Shortest Investigation Ever: Determining Whether It Was Inappropriate For The Middle School Vice Principal To Say In A Video, “I Don’t Like Black Kids”

"Wait, let's not leap to conclusions...maybe he's not dead."

“Wait, let’s not leap to conclusions…maybe he’s not dead.”

In Fresno, California, Scandinavian Middle School vice principal Joe DiFilippo was recorded on video by a student saying, “I don’t like black kids” in the cafeteria. The video was then posted on YouTube. Fresno Unified School District officials said DiFilippo has been placed on paid administrative leave pending an investigation.

Maybe I’m suffering from a momentary lack of imagination, but what else do they need to know? I understand union rules and the need for due process, but what findings could possibly, ever, under any circumstances, allow DiFilippo to keep his job? 11% of the school’s students are black. Why would they ever feel secure going to a school where an administrator said such a thing in the school? (I’m assuming the man didn’t really say, “I don’t like black kids any more or less than I like any other kids, as everyone in the school knows.” Watching the video would presumably make that possibility moot.)

District officials say they are investigating “the context in which the comment was made.”  What possible context could mitigate that statement? Let’s see…maybe he was talking about not liking them for special purposes, like snacks or as piñatas? “I don’t like black kids..when they’re on fire? When they are holding Uzis on my family? When they sing the Sponge Bob theme song”?

It doesn’t matter! If there is anything the man doesn’t like about black kids that he accepts about white kids, he’s not qualified to be a vice-principle.

Every second Mr.Fillippi doesn’t resign, he’s wasting time and money, and proving that he is just as big a fool as the video shows him to be. If no investigation can save  him, then he shouldn’t wait for an investigation to do the right thing.

 

Ethics Hero: Sterling Karrenstein

mobile_phone_cameraAt West Iredell High School in Statesville, North Carolina, student Sterling Karrenstein witnessed a resource officer using a taser to subdue a fellow student who punched the officer in the face. As he documented the incident on  his cell phone, school staff attempted to stop Sterling, demanding that he hand over the phone and even attempting to take it from him. He refused. The school principal apparently later told Sterling that being on school property eliminated his right to record events.

Wrong.

At least someone knows what is in the First Amendment. Obviously Sterling didn’t learn it at West Iredell High School, but Ethics Alarms salutes him for insisting on his rights as a citizen despite being pressured to do otherwise by incompetent authority figures.

If it is not disrupting class, infringing on the privacy of others or otherwise violating school policy, taking photos or video is a fully protected right.

This does not mean, it is important to note, that tasering a student who punched him was necessarily wrongful conduct by the officer.

______________________

Pointer: Tim LaVier

Finalizing The Sadly Useful School Anti-Violence No-Tolerance Insanity Scale

Alas, the deadly pizza gun is only a #5 now...

Alas, the deadly pizza gun is only a #5 now…

In January 2013, I realized I had used “Now this is the worst example of insane no-tolerance school conduct that there can ever be!” multiple times, and that it was time to make some close calls. I asked readers to rank the following real examples of child abuse by schools, in which children of various ages were punished cruelly and excessively for harmless conduct that violated a poorly envisioned no-tolerance rule. This was the list:

1. Biting pizza into the shape of a gun.

2. Pointing a finger in the shape of a gun and saying “Bang!”

3. Threatening to shoot a student with a bubble gun.

4. A deaf child who makes the obvious sign-language symbol for gun,  to “say” his own name, because his first name is “Hunter”

5. Expelling a student and bringing charges of criminal assault for shooting another student with a spitball through a straw

6. Accidentally bringing a paring knife to school in a lunch box

7. Drawing a picture of your father holding a gun

8. Playing with a LEGO figure carrying a LEGO automatic weapon

9. Drawing a picture of a gun

10. Writing a poem about the Newtown shooting.

I  received a lot of responses on the blog, more off-site. I never published the final results, however, which also takes into consideration my own positions. Here, from most defensible to most insane, is the current order, and why each entry landed where it did: Continue reading

Now THIS Is An Unethical Principal…Ridiculous Too

The principal and her gym

The principal

Principal Jazmine Santiago heads PS 269 in Flatbush, New York, a troubled elementary school where last year only 16 percent of the students passed state English exams and only 12 percent passed math. Yet she used scarce school funds to install her own private gym on the third floor, complete with a bench press, pull-up bar, treadmill, elliptical machine and thigh exerciser.

Questioned about the gym by her staff, Santiago claimed she allowed older students to use the equipment. That would be the K through 5 school’s eleven-year-olds, most of whom are under five feet tall. The adult-sized exercise gear in the principal’s work-out palace would be almost impossible, not to mention dangerous, for children to use.

Santiago has had her job for four years and now makes $124,319 annually. Jonathan Turley notes that since the gym is technically a school improvement and not personal enrichment, she has avoided criminal liability. Well, that’s nice. She is still spectacularly unethical: selfish, irresponsible, incompetent, unfair, wasteful, untrustworthy.

State Department of Education spokesman Harry Hartfield said the matter of the principal and her private gym will be investigated. It shouldn’t take long: the photo above should tell them everything they need to know.

______________

Pointer: Res Ipsa Loquitur

Facts: New York Post

The Sixth Annual Ethics Alarms Awards: The Best of Ethics 2014

abstract door grand jury room

The Ethics Alarms Awards for the Best in Ethics 2014—sorry for the tardiness— are about 30% of the length of the Worst. Does this mean that the nation and the culture, not to mention the world, are doomed?

Not necessarily. I am well aware that most of the country is ethical, substantially fair and honest, diligent, and embodies ethical values in their every day dealings with you and me, and the world. We primarily hear, and to some extent, take note of, the corrupt, the irresponsible, the manipulative, the untrustworthy and the foolish. The Best Ethics list is smaller in part because only exemplary ethics gets publicity. I also should note that calling attention to unethical conduct and discussing it often does more to advance the mission of Ethics Alarms than confirming that right is right, though I sure wish there was more exemplary ethics to celebrate. Maybe the dearth of award winners here is my fault, and the result of my biases.

Boy, I hope so.

Here are the 2014 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The Ferguson grand jury resisted public and media pressure to deliver a verdict of no indictment against police officer Darren Wilson, upholding the integrity of the justice system despite the injection of emotion, politics and race into a tragic incident where none of these belonged. Though the available evidence could never have supported a guilty verdict, it would have been easy and popular for the grand jury to make Wilson stand trial anyway, just as George Zimmerman did. Their reward has been to be attacked as fools and racists, but they did the right thing, when the wrong thing must have seemed very attractive.

Outstanding Ethical Leadership

The New York Yankees. (Bear with me now.) The Yankees are the most famous team in professional sports in the biggest sports market in the world. They make money without even trying. Yet when the team had a bad year and missed the play-offs in 2013, it committed nearly a billion dollars to re-building the team, a move that only makes sense in the quest to win games, not to maximize profit. Thus they prominently chose loyalty, mission and sportsmanship over greed. (The Yankees still missed the play-offs in 2014, too.) Then all year long the team placed a spotlight on Derek Jeter, their retiring hero, whose career and character single-handedly refutes the cynicism of sports critics fed up with the lack of character displayed by the Armstrongs, the Rices, the ARods, the Belichicks, the Winstons, the Paternos, and so many, many others. Finally, when two New York City police officers were assassinated after Al Sharpton, and the “Hands Up!” protestors, with the city’s own mayor’s support, had vilified the profession as violent, racist and untrustworthy, who will pay for the fallen officers’ children to go to college? The New York Yankees’ Silver Shield Foundation.  Add charity, compassion, civic duty and gratitude to the list of ethics values the New Your baseball club modeled for us. I know it seems odd and even trivial to follow up last year’s winner in this category—the Pope— with a sports franchise, but to paraphrase Babe Ruth’s famous rejoinder when the Yankees balked at his salary demands in 1930, saying he wanted to be paid more than then-President Herbert Hoover (“I had a better year that Hoover!”), the Yankees has a better year than the Pope.

Outstanding Sportsmanship

Jose Altuve, Houston Astros secondbaseman and American League batting champ….the right way. He began the final day of the 2014 season hitting .340, three points ahead of the Tigers’ Victor Martinez. If Altuve didn’t play in Houston’s meaningless last game, Martinez would have to go 3-for-3 to pass him, giving the DH a narrow .3407 average compared with Altuve’s .3399. By playing, Altuve risked lowering his average, providing Martinez with a better chance of winning the batting championship. Many players in the past have sat out their final game or games to “back in” to the prize, rather than give the fans a chance to watch a head to head battle injecting some much-needed drama into the expiring season.  Altuve, however, gave Martinez his shot. He played the whole game, had two hits in his four at-bats, and won the American League batting title on the field, not on the bench, as Martinez went hitless. The conduct, simple as it was, embodied fairness, integrity, courage, respect for an opponent, and most of all, respect for the game.

Best Apology

JESSICA_URBINA

 The Level #1 apology, according to the Ethics Alarms Apology scale, issued by Sacred Heart Cathedral Prep in San Francisco.The school had cruelly and needless embarrassed graduating senior Jessica Urbina (above), rejecting her inclusion in the yearbook because she chose to be photographed in a tuxedo rather than a dress, as the school’s dress code, which had not been previously made clear, demanded. I wrote…

“The rule is sexist, archaic, unthinking, prejudicial, arbitrary, cruel and wrong. The best way to change a rule that is sexist, archaic, unthinking, prejudicial, arbitrary, cruel and wrong is to break it, and see if those in charge have the sense and compassion to do the right thing. The administrators of Sacred Heart Cathedral High School flunked. I doubt that Jessica was even trying to provoke a confrontation: like any normal student, she wanted her image in the most important piece of memorabilia of her high school years to accurately portray her as she was, not as some alien ideal dictated by the Catholic Church. There was nothing to be achieved by banning the photo.”

The school reversed itself with grace and compassion. The apology is long, but a more humble or complete one would be unachievable. It achieved an ethical end to an ugly episode. You can read it here. Runner up: Writer Henry Rollins lovely and wrenching apology for his initial reaction to Robin Williams’ suicide.

Hero of the Year

Michael DeBeyer.  De Beyer has decided to sell his restaurant, which he opened more than 15 years ago and is worth an estimated  $2 million, to pay for whatever medical treatments are necessary to save the life of Brittany Mathis, 19. Brittany works for De Beyer at his Kaiserhof Restaurant and Biergarten in Montgomery, Texas, and  learned, in December 2013, that she has a 1.5 inch brain tumor.  She couldn’t afford the operation to find out whether the tumor was benign or malignant, and didn’t have health insurance. “I couldn’t live with myself; I would never be happy just earning money from my restaurant knowing that she needs help,” Michael told local reporters.

That’s what makes ethics heroes; really, really loud ethics alarms, combined with courage and caring.

Parent of the Year

NBA Star Kevin Durant’s Mom.

Most Ethical Celebrity

Matthew McConaughey. In a field notably sparse on exemplary ethics by celebrities, the 2013 Oscar winner for Best Actor stands out for a speech that was inspirational, thoughtful, and rife with ethics wisdom. It is worth recalling. Here it is:

Thank you. Thank you, thank you, thank you, thank you to the Academy for this—all 6,000 members. Thank you to the other nominees. All these performances were impeccable in my opinion. I didn’t see a false note anywhere. I want to thank Jean-Marc Vallée, our director. Want to thank Jared Leto, Jennifer Garner, who I worked with daily.

There’s a few things, about three things to my account that I need each day. One of them is something to look up to, another is something to look forward to, and another is someone to chase. Now, first off, I want to thank God. ‘Cause that’s who I look up to. He has graced my life with opportunities that I know are not of my hand or any other human hand. He has shown me that it’s a scientific fact that gratitude reciprocates. In the words of the late Charlie Laughton, who said, “When you’ve got God, you got a friend. And that friend is you.”

To my family, that who and what I look forward to. To my father who, I know he’s up there right now with a big pot of gumbo. He’s got a lemon meringue pie over there. He’s probably in his underwear. And he’s got a cold can of Miller Lite and he’s dancing right now. To you, Dad, you taught me what it means to be a man. To my mother who’s here tonight, who taught me and my two older brothers… demanded that we respect ourselves. And what we in turn learned was that we were then better able to respect others. Thank you for that, Mama. To my wife, Camila, and my kids Levi, Vida and Mr. Stone, the courage and significance you give me every day I go out the door is unparalleled. You are the four people in my life that I want to make the most proud of me. Thank you.

And to my hero. That’s who I chase. Now when I was 15 years old, I had a very important person in my life come to me and say “who’s your hero?” And I said, “I don’t know, I gotta think about that. Give me a couple of weeks.” I come back two weeks later, this person comes up and says “who’s your hero?” I said, “I thought about it. You know who it is? It’s me in 10 years.” So I turned 25. Ten years later, that same person comes to me and says, “So, are you a hero?” And I was like, “not even close. No, no, no.” She said, “Why?” I said, “Because my hero’s me at 35.” So you see every day, every week, every month and every year of my life, my hero’s always 10 years away. I’m never gonna be my hero. I’m not gonna attain that. I know I’m not, and that’s just fine with me because that keeps me with somebody to keep on chasing.

So, to any of us, whatever those things are, whatever it is we look up to, whatever it is we look forward to, and whoever it is we’re chasing, to that I say, “Amen.” To that I say, “Alright, alright, alright.” To that I say “just keep living.” Thank you.

Most Principled Politician

Thomas Menino

The late Thomas Menino, Boston’s beloved Democratic mayor for two decades (the longest in tenure in the city’s history), who retired last January and  died of cancer nine months later. Somehow I missed giving him the ethics send-off he deserved. Amazingly, he was the first Italian-American mayor in Boston’s history: the job has always been won by the city’s Irish machine. While mayors around the nation were embroiled in scandals and embarrassments, Menino undeniably improved the city, led it admirably in the aftermath of the Boston Marathon bombing in 2013, and left office with the admiration of conservatives as well as liberals despite being an aggressive agent of progressive policies.  His passion caused him to make some ethical missteps, such as joining other liberal mayors in telling Chick-Fil-A that it “wasn’t welcome” in Boston because of its owner’s anti-gay marriage sentiments. He joined Michael Bloomberg in creating Mayors Against Illegal Guns, and must share responsibility for some of the dubious tactics and misrepresentations of that organization. He also had a scandal or two involving political favors, but in 20 years, by my count, he had fewer than most Boston mayors had every year. In 2012, polls found that he had an approval rating over 80%, and left his position more popular than he entered it.  Boston is liberal, but it isn’t that liberal.

Most Ethical Company

Don’t ever let me do that again.

I just reviewed over a hundred posts about businesses and corporations from last year, and not one of them celebrated ethical conduct. The closest was, believe it or not, the Washington Redskins, for having the guts, orneriness and principles to stand against the forces of censorship and political correctness to refuse to change the name of their team and organization. It has been targeted as a symbolic scalp that race-baiters, grievance-hucksters and progressive bullies are determined to have hanging from their belts; the opponents of the team have recruited the U.S. government, and the pressure is tremendous. It would be so easy to change the name now, when support for the perpetually rotten team is at low ebb in Washington, D.C., but the principle is worth the battle. However, my gag reflex will not allow me to give this award to an NFL team, since by definition it must be engaged in so much else that is wrong.

So for a second straight year I’m going to send you to Ethisphere’s list of the most ethical companies in the world. Their criteria isn’t mine, but there’s got to be a genuinely ethical company of two on there somewhere. Let me know if you find it. Continue reading

No, This Didn’t Quite Make My Head Explode, And That’s The Scary Part

Not quite...

Not quite…

In Kermit, Texas, a nine-year-old boy was suspended for telling a classmate that his replica of the “one ring” from “The Hobbit” could make him disappear. This was taken as a “terroristic threat,” it seems.

There was a time, long ago, when this kind of child abuse, cruelly and stupidity on behalf of school administrators would cause my head to do its Mount Vesuvius impression. That was before I was exposed to so many other similar episodes of educator incompetence, from sea to shining sea. It was before I recognized that the educational profession has become infested with frightened, deluded, power-abusing fools who care less about the children in their charge than avoiding lawsuits and converting the next generation into spineless, fearful, unimaginative, submissive puppets. Continue reading

Ethics Quiz: Is It Time For A “Let’s Tweet Insults About Chip McGee Day”?

Meet Chip McGee!

Meet Chip McGee!

At Bedford (New Hampshire) High School, several students were not pleased with Superintendent Chip McGee’s announcement via his Twitter feed that classes would resume the day following the school’s cancellation for snow. They responded with tweets of their own, some that were not especially pleasant. McGee, as one would expect a mature adult to be, especially one overseeing the education of children, was philosophical. saying, “Kids said some very funny, clever things. And some kids stood up and said, ‘Hey, watch your manners.’ That was great. And some kids — a few — said some really inappropriate things.”

Yes, kids will be kids. McGee then suspended those latter students for up to four days.

“It’s been a really good exercise in issues of students’ right to speech, on the one hand, and students’ and teachers’ rights to an educational environment that’s conducive to learning,” McGee explained to the Constitutionally ignorant. “Kids have the right to say whatever they want about me [and] The First Amendment right means you can say what you want, (but) it doesn’t mean that you are free of repercussion. It can’t disrupt what we’re doing in school … If something disrupts school, and it (occurs) outside school, we not only can take action, we have to.”

McGee  hopes that the punished students will learn from this incident about “the line” of decent and appropriate commentary. “You only learn that by checking where it is, and having something happen when you cross it,” he said.

Good ol’, wise ol’ Chip McGee. He has no idea what the hell he’s talking about.

The students are absolutely guaranteed of speech without “repercussion,” if the speech is off school grounds and the repercussion is from a school official who takes offense. The school has no authority to punish students for what they post on Twitter, from their homes, none at all, unless it relates directly to action at school itself, such as organizing a school disruption. A student opinion of the superintendent or his decisions? That’s 100% protected speech. I can find that right to free speech Chip mentions right there in the Constitution, but search as I might, I can’t locate in the Bill of Rights the provision describing the “students’ and teachers’ rights to an educational environment that’s conducive to learning” that extends to what a student says and writes outside of school. Where is that “right,” Chip?

Chip speaks in the measured tones of a caring educator, but he acts like a petty tyrant who is eager to abuse his position and power to punish anyone who dares to displease him in what they say or think.

No merely insulting or uncivil tweet is going to disrupt school, and if that’s Chip’s claim, he has a rather tough burden of proof to demonstrate it. Nor does a public school—that’s the state, you know— have the right to effectively censor speech by punishing content. If the speech isn’t libelous or a credible threat, Chip McGee’s reasonable remedy consists of asking to speak with the Tweeter and express his hurt and disappointment, or perhaps consulting with the student’s parents, who do have a right to limit online speech when their children are the speakers.  As an educator, he might explain to the student that insulting authority figures who you must relate to by flaming them on mass social media is neither wise, civil, nor a good habit. He might even  suggest that an apology is in order. He may not, however, abuse his power and position to constrain the free speech of those students and others by inflicting punishment. Chip McGee, who has the young minds of children within his power to lead or mislead, needs to learn this basic civics lesson, as do other tin god educators, and I’m sure there are many, who similarly itch to punish students for exercising their speech rights in the privacy of their homes.

Thus this somewhat atypical Ethics Alarms Ethics Quiz question to ponders:

Should we declare a “Let’s Tweet Insults About Chip McGee Day”?

Continue reading

And Now A Brief Public School KABOOM! From Your Sponsor…

exploding-head

There were fewer Ethics Alarms posts last year about outrageous conduct by public school teachers and administrators. I think this was because my brain was trying to save itself from ending up on the ceiling, as it so frequently does in these KABOOM! inducing stories.

And here is the first one of 2015…

In Gustine, Texas, population 457, there is just one schoolhouse for the elementary school kids. Apparently some incontinent young prankster has repeatedly deposited #2 on the gym floor, and since they had no clues, teachers rounded up two dozen student suspects—some as old as 12–and ordered them  “to pull down their pants” so the teachers could “check them to see if they could find anything.”

I’ll tell you what teachers would find if they tried that on my kid: a criminal complaint and an arrest warrant. Continue reading