Let's Outlaw Duct Tape in the Classroom....

[Joe Guy]

Teacher Posted Facebook Photo of Students With Duct Tape
By CHRISTINA LOPEZ | Good Morning America – 1 hour 19 minutes ago

An Ohio middle school teacher is fighting to keep her job after a photo was seen on her Facebook page showing students of hers with duct tape across their mouths. The Akron school board is considering whether to terminate her.

Melissa Cairns, a middle school math teacher at Buchtel Community Learning Center, has been on unpaid administrative leave after an Akron public schools worker noticed a photo posted on Facebook of a group of students with duct tape across their mouths. The caption on the photo: "Finally found a way to get them to be quiet!!!"

Jason Haas, president of the Akron Board of Education, said the case raises questions about students' privacy and social media.

"This is the start of my sixth year on the board. In that time, we haven't had a case come before us for potential disciplinary action for posting a picture to social media websites," said Haas. "Has she violated the students' privacy? That's what we're concerned about. Everyone seems to be focused on the duct tape."

Sarah Hollander, communications officer for Akron Public Schools, issued a statement describing the case:

"There were about 15 or 16 middle school students in the class. Eight or nine students put the tape on their mouths. Cairns took a photo and posted it on her personal Facebook page as a joke. The photo wasn't dated, but was likely taken in late September or early October 2012," said Hollander. "Principal Sonya Gordon asked Cairns to take the photo down. She also alerted parents of students in the class."

Cairns told ABC News affiliate WEWS-TV in Cleveland that she originally gave one of her students the tape to fix her binder. When the teacher handed the strip of tape to the student, Cairns said, she placed the piece of tape over her mouth and laughed. When the other students saw the girl laughing, they joined in. Next, students asked Cairns to snap a photo.

"Do I think that this one mistake should cost me the last 10 years of all the good I've done? Absolutely not," said Cairns. "When your emotions are involved, that's when you learn things."

On Jan. 22, Cairns requested a hearing take place to determine whether she can keep her job as a math teacher. She is entitled to present her case with a referee present. A date for the hearing has not been set.

Haas told WEWS-TV that "students are protected under federal law and have certain protections." He said, "It would look like that potentially violates those protections."

But will this set a new precedent for the school board? Haas said it's difficult to determine.

"It comes down to how the board feels after the administration presents their case. We've gone with the teacher's side and there's other cases where we've gone with the administration's side," said Haas. "Nothing is cut and dry at all."

On Jan. 14, the seven-member board of education was given criteria to consider whether Cairns should be let go.

The 33-year-old teacher was put on paid administrative leave on Oct. 19. As of Jan. 15, she's been placed on an unpaid administrative leave. On Jan. 16, Cairns received a letter informing her of a possible firing. She was given 10 days to request a hearing before the board or a referee.

"Why was there duct tape in the classroom? How did they [the students] come to have access to it," said Haas. "We'll have these answers to these questions later."

Haas said he believes the hearing will likely be scheduled in late February.

Cairns was hired by Akron Public Schools in August 2007, and first came to Buchtel last August.

source

This is freakin' crazy. What's the privacy issue? Did she include the names and addresses of the students? Didn't they pose for the picture? And what about the duct tape? The members of the Akron school board are idiots for even considering this to be a real issue.

[dgs49]

This would make perfect sense - if the duct tape were all they were wearing.

This may sound extreme, but I'm very suspicious of people who are on school boards. It is a un-paid position involving (if done properly) a lot of time and work, with no apparent reward. A lot of them are just fucked up people on a power trip.

[Long Run]

Was it just plain old gray tape, or one of the fancy newer colors? Why aren't they asking the important questions?

[Joe Guy]

Good point.

[kristina]

God made the Idiot for practice, and then He made the School Board.
--Mark Twain

[Big RR]

Weel duct tape or no duct tape, one thing that should be looked at is the shcool's policy on posting student's photos online--especially as it relates to teachers. Not that I think it warrants dismissal, but if the school prohbits teachers putting students pictures online for any reason, this should be made clear to the teacher. If not, maybe the Board should look into whether enacting such a policy makes sense. Shouldn't student at school have some expectation of privacy?

[Joe Guy]

....Not that I think it warrants dismissal, but if the school prohbits teachers putting students pictures online for any reason, this should be made clear to the teacher. If not, maybe the Board should look into whether enacting such a policy makes sense. Shouldn't student at school have some expectation of privacy?

Nowadays, I don't believe anyone who has their picture taken willingly should have any right or expectation of privacy unless they either own the picture or have expressed that they don't want the photo shared publicly.

If the school has a policy and it is violated, that's one thing. If the board members are now randomly deciding that this picture is offensive, dangerous and that the teacher should be fired, they should all be sued for being criminally stupid.

[oldr_n_wsr]

"Nothing is cut and dry at all."

And yet I would guess they have a "zero tolerance" policy of some sort.

Number one, don't post any pictures on facebook.
Number two, don't post your, or anyone elses real name on facebook.
Number three, don't post on facebook at all.
Number four, only post on planB

[Gob]

Were the students actually taped, or was this a photoshopped effort?

[Joe Guy]

The article says the kids put the tape over their own mouths.

[Gob]

Ah, missed that. Then there's no case to answer.

[Scooter]

"Has she violated the students' privacy? That's what we're concerned about. Everyone seems to be focused on the duct tape."

Just because the kids thought it would be fun to put duct tape over their mouths didn't make it ok to plaster their pictures all over the internet.

[Joe Guy]

"Has she violated the students' privacy? That's what we're concerned about. Everyone seems to be focused on the duct tape."

Just because the kids thought it would be fun to put duct tape over their mouths didn't make it ok to plaster their pictures all over the internet.

There is no indication that the students had their picture taken unwillingly and/or didn't want the picture seen by others.

Based on the information given in the article, the problem is a creation of members of the school board.

Whether you want to accept it or not, we live in a time when images of us can appear on the internet at any time with or without our being aware of it. If you or others are worried about privacy, don't pose for pictures for people you don't know or trust. And if you're worried about pictures of you being taken secretly and then getting on the internet, don't do anything stupid in public. Then you've not much to worry about.

[Scooter]

There is no indication that the students had their picture taken unwillingly and/or didn't want the picture seen by others.

Children of middle school age are not legally competent to consent to anything.

If you or others are worried about privacy, don't pose for pictures for people you don't know or trust.

And if we were talking about adults, rather than children of 9 or 10, you would have an excellent point. The very reason we have decided as a society that minors are incapable of consent is precisely because they have not yet formed the analytical skills or judgment to make such determinations.

[Gob]

It would be nice if the students had their say.

Cairns maintains the duct tape was given to a student to fix a binder, but the student took the tape and put it over her own mouth as a joke. The 33-year-old teacher claims the other students, also amused, followed suit and encouraged her to take a photo.

[Gob]

It would be nice if the students had their say.

"Why was there duct tape in the classroom? How did they [the students] come to have access to it," said Haas. "We'll have these answers to these questions later."

Is there a law or a H&S sanction against duct tape in a classroom? What a fucktard.

Cairns maintains the duct tape was given to a student to fix a binder, but the student took the tape and put it over her own mouth as a joke. The 33-year-old teacher claims the other students, also amused, followed suit and encouraged her to take a photo.

[Joe Guy]

There is no indication that the students had their picture taken unwillingly and/or didn't want the picture seen by others.

Children of middle school age are not legally competent to consent to anything.

There is no indication that the parents of these children had a problem with the pictures being displayed on facebook. And I'd like to know how the children's privacy can be violated without the children being identified. Was there a detailed description of the school, its address and each child pictured? If not, it is just a generic picture. What harm can result from it?

If you or others are worried about privacy, don't pose for pictures for people you don't know or trust.

And if we were talking about adults, rather than children of 9 or 10, you would have an excellent point. The very reason we have decided as a society that minors are incapable of consent is precisely because they have not yet formed the analytical skills or judgment to make such determinations.

Since you brought that up, see my last response above. Are the children's parents complaining?

Even if the parents did complain, which doesn't appear to be the case, it would be difficult to make a case for damages incurred.

A joke in the form of a funny photograph was created by a teacher and some students. Now there are members of a school board who are going to decide whether a teacher should lose her job. I suppose there may probably some monetary compensation involved also.

If this teacher loses her job, the damages to her life will far exceed any faux damages created by the school board or anyone else who buys into that crap.

[Scooter]

You still don't get it, and obviously never will. So you win, ok? Happy?

[Joe Guy]

You still don't get it, and obviously never will. So you win, ok? Happy?

I get it.

Thanks for admitting you were wrong in your Scooter kinda way.

btw - I wasn't trying to "win", I was attempting to get you to understand my point of view, which I believe to be correct.

[rubato]

Much ado about, almost nothing.

Major gas bag.

yrs,
rubato