Students have rights, right?

Question

At my school, they can suspend you for not telling (if asked) about something bad that happened. Is this fair? My friend was forced to tell on these guys because the VP threatened her with suspension. isnt this in violation of the fifth amendment?

Answer 1

The Constitution is the SUPREME law. the VP has the power to do that, though you have the right to not speak until you feel comfortable like you could ask for a parent to come before you speak or ask for a different day to speak.

Answer 2

The current precedence set by the Supreme Court in Goss v. Lopez held that schools are required to apply fair procedures in suspension actions" citing Tinker. Schools must follow constitutional safeguards. In order for school authorities to suspend a student, they must supply the student with oral or written notice of the charges against him, and if he denies the charges, he must get an opportunity to present his side of the story.

Answer 3

No. That applies only to issues involving law enforcement or that are before a court. The 5th ammmendment applies only to SELF-incrimination. And only to violations of the law. But it does not entitle someone to withhold evidence or information they posess about a crime.

Also--you are not adults. The school has rights much like those yourparents have (within limits, of course). In general, the school is legally "in loco parantis"--in place of your parents. And that is the relevant legal status here. So--as long as school policy permits, the school authorities can require your friend to talk.

Answer 4

If your talking high school then you don't have many rights at all.

First off, there are all kinds of rights children do not have that adults have. Children can not vote, drink, enter in contracts, drive with parents permission, travel without permission, stay out past local curfews, etc.

When you are in school you do not have the right to wear anything you want, speak when you want, etc. There are rules that schools can set that must be abided by.

I would suggest that you tell your friends to listen to their teachers and their parents and show respect.

If there is a major issue with something at school then you should be talking with your parents about it and letting them address it.

I hope this helps........

Answer 5

No. As a student (and a minor) you have no rights, other than those agreed to between your parents and the school board. The Fifth Amend. is only to prevent you from admitting to the commission of a crime that you committed, not someone else.

If your parents don't agree with the rules for students, they have the right to send you to a private school, or educate you themselves. Otherwise, they have waived their rights (and yours) in return for your education.

Answer 6

The 5th amendment to the Constitution would only apply in a criminal justice setting. Not in a child being disciplined in school. Grow Up, If the guys did something wrong then they deserve to pay the price.

Answer 7

The fifth amendment deals with the right not to incriminate ones self, not others. Unless she was complicit in the event, it does not apply to her.

Answer 8

do you mind telling us what is the thing that she told the vp?
it's just like criminal investigation....if you know something that leads to solve a crime or something like that but you don't tell then you are interfering with the justice and that's a crime!!!
however, she shouldn't be threatened...but she should at least know the consequence of not telling what she knows....which becomes her responsibility

Answer 9

No..the fifth amendment only allows you to not tell on yourself....and only applies to court.

Answer 10

well i think that if someone is in danger then that person should answer the question but never be threatened to be expelled if they do not. It's that persons choice whether they want to answer a question or not.