Go to Prom and get Suspended?

obvious Child · 06-11-09, 08:21 PM

Quote:

Originally Posted by Travelsonic

I thought "owning" individuals went out with style decades ago.

I support any lawsuit going towards the school. They have the right to structure their rules on campus grounds more to their liking than the public school systems. They do not, however, have the right to control what people do off their grounds on their own time... no judge in their right mind would allow such a thing... too bad not every judge is in their right state of mind.

If that was so, why have courts upheld non-disclosure agreements? Why have courts upheld firings by employers for employees engaging in questionable behavior outside of work? Why have courts upheld employer-employee contracts mandating that someone cannot work for another firm at the same time?

If you sign a contract that stipulates that your behavior outside of the direct control of the other party may cause certain actions to be taken, as long as the actions are legal and those signing it are of legal age, then you got nothing to sue for.

wbreese91 · 06-12-09, 04:50 PM

The school makes it's own rules. The school decides how to enforce those rules. It isn't fair, but it also isn't unconstitutional. The US Constitution protects the citizen from the GOVERNMENT not from a PRIVATE school whose rules the citizen agreed to when they decided to attend. If a person gets in trouble with a credit card company because they violated the agreement they signed, they are not entitled to intervention nor have their rights been violated, because they CHOSE to sign the agreement. This is the same idea.

By the way, this is not a Conservative forcing his opinion on people, it is simple logic. This boy's situation is unfortunate, but it is his own fault. He was obviously worried about the consequences because he had his father go with them. If he was concerned, he should of asked the school before going. He CHOSE not to and to take a risk. He is now suffering the consequences.

Travelsonic · 06-12-09, 05:54 PM

Quote:

Originally Posted by wbreese91

The school makes it's own rules. The school decides how to enforce those rules. It isn't fair, but it also isn't unconstitutional.

Schools still have to adhere to the laws of the parent country though. Minors can't sign contracts, and there ARE limits, contrary to what everybody wants to believe, on what private institutions can/can't do.

the crux IMO is that they are controlling somebody OFF OF their property OUTSIDE of school hours.

How can anybody reasonably justify this?

Quote:

they are not entitled to intervention nor have their rights been violated, because they CHOSE to sign the agreement. This is the same idea.

They chose to sign an agreement, that doesn't make it completely binding and legal. Do a quick google search and you'll find many examples. Contract law is very murky. Apples to oranges, but software EULAs have been found - in part AND/OR in whole - invalid, this is the same principal of possibility.

wbreese91 · 06-12-09, 05:56 PM

This still does not change the fact that Constitutional principles are not binding on Private Corporations. Federal laws based on those principles are, but not the Constitution itself. As it stands, the school broke no laws in expelling a student, regardless of its reason.

TheNextEra · 06-12-09, 07:01 PM

Quote:

Originally Posted by wbreese91

This still does not change the fact that Constitutional principles are not binding on Private Corporations.

Uh yes, they are. Try having a corporation that openly refuses to hire black people.

wbreese91 · 06-12-09, 07:21 PM

If you would have read my entire post, you would have saw that my point was that the Constitution is applied to corporations through laws passed by Congress that are based on the Constitution. These laws tend to support rights citizens have when dealing with corporations. However the Bill of Rights and the Constitution THEMSELVES do not put restrictions on private business

obvious Child · 06-13-09, 12:24 AM

Quote:

Originally Posted by TheNextEra

Uh yes, they are. Try having a corporation that openly refuses to hire black people.

Technically he's correct. That corporation would get sued under federal laws, such as the Civil Rights Act of 1964. But not per se under the Constitution.

Toothpicvic · 10-27-09, 10:46 AM

Quote:

Originally Posted by obvious Child

Ohio Christian school tells student to skip prom

This part I found particularly disturbing (like Spanish Inquisitional disturbing):

Oh wow. Wasn't that an argument against the Gutenberg bible and teaching the masses to read?

I understand that he agreed to the rules of a private school and thus is bound, but unless that contract stated that such rules apply outside of school, I really don't see any grounds for suspension. Especially since the kid in question seems like a completely reasonable person.

Sue the school for religious discrimination - the school is discriminating against Christians who don't believe that proms are "teh devil:.

misterman · 11-19-09, 01:28 PM

The kid's no longer trapped in a loony religious school. They did him a favor. Now he can rawk!

06-12-09, 04:50 PM	#312
wbreese91 Advisor Join Date: Jun 2009 Last Seen: 12-30-09 01:23 AM Location: Marietta, Ohio Posts: 398 Thanks: 118 Thanked 107 Times in 69 Posts Lean: Slightly Conservative Gender:	Re: Go to Prom and get Suspended? The school makes it's own rules. The school decides how to enforce those rules. It isn't fair, but it also isn't unconstitutional. The US Constitution protects the citizen from the GOVERNMENT not from a PRIVATE school whose rules the citizen agreed to when they decided to attend. If a person gets in trouble with a credit card company because they violated the agreement they signed, they are not entitled to intervention nor have their rights been violated, because they CHOSE to sign the agreement. This is the same idea. By the way, this is not a Conservative forcing his opinion on people, it is simple logic. This boy's situation is unfortunate, but it is his own fault. He was obviously worried about the consequences because he had his father go with them. If he was concerned, he should of asked the school before going. He CHOSE not to and to take a risk. He is now suffering the consequences.

06-12-09, 05:56 PM	#314
wbreese91 Advisor Join Date: Jun 2009 Last Seen: 12-30-09 01:23 AM Location: Marietta, Ohio Posts: 398 Thanks: 118 Thanked 107 Times in 69 Posts Lean: Slightly Conservative Gender:	Re: Go to Prom and get Suspended? This still does not change the fact that Constitutional principles are not binding on Private Corporations. Federal laws based on those principles are, but not the Constitution itself. As it stands, the school broke no laws in expelling a student, regardless of its reason.

06-12-09, 07:21 PM	#316
wbreese91 Advisor Join Date: Jun 2009 Last Seen: 12-30-09 01:23 AM Location: Marietta, Ohio Posts: 398 Thanks: 118 Thanked 107 Times in 69 Posts Lean: Slightly Conservative Gender:	Re: Go to Prom and get Suspended? If you would have read my entire post, you would have saw that my point was that the Constitution is applied to corporations through laws passed by Congress that are based on the Constitution. These laws tend to support rights citizens have when dealing with corporations. However the Bill of Rights and the Constitution THEMSELVES do not put restrictions on private business

11-19-09, 01:28 PM	#319
misterman Guru Join Date: Nov 2009 Last Seen: Yesterday 04:01 PM Posts: 4,970 Thanks: 47 Thanked 636 Times in 513 Posts	Re: Go to Prom and get Suspended? The kid's no longer trapped in a loony religious school. They did him a favor. Now he can rawk!

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