Can a school legally confiscate a business cell phone?

Question

I was in my high school's library during lunch when a business call came in. I am starting a company, and on the other side was a venture capitalist calling. I answered the call, taking it outside (it would've run out by the time I got out, and she isn't known for answering calls), but had the phone confiscated. My iPhone has confidential venture capitalist files and data on it, and the executive director said that it was illegal for them to confiscate the property, which her lawyers justified as larceny, which is registered property of the Silicon Valley Venture Capital Roundtable. Their rationale is since I had answered the call, I was, according to my contract, on company time and thus at the time of confiscation, an employee on public property. Does this follow through? I'm in California under the Fremont Union High School District, in case any specifics need be cited. I'm trying to keep this from escalating, but I want to know if the case is rational and legal before getting in.

I'd like to clarify a few points. First, our district's rules expressly state that cell phones are prohibited during class time, but that they are okay to be used on campus during brunch and lunch. I am reviewing the case, and the fact that I am in the library, where we can talk (how else would we use the computers, interfacing areas, etc), so its not a nuisance to anyone.

Few more points that just came to my attention. (1) Our library has practically phased out books; it is now an area for collaborative work both domestically and over our video conferencing centres, for networked computer work and a place to securely connect our laptops, pdas, etc. (2) As an open-campus and free campus during lunch, I can exist on campus, legally, dually as a minor and an employed agent. (3) I talked to my former employer, In-q-tel, a government intelligence firm, and they said that as an incorporated minor, my rights exist first and foremost in the interests of the corporation, then the investors, and finally the public government entity. I'm not sure, however, on how our district rules conflict with our schools' rules, because the district rules are in my favor, but the school seems to have tried to supercede the district...

Answer 1

Since the prohibition is for CELL PHONES, regardless of kind and content, and since a library is a place where people go to STUDY, or should, I'd say the school was acting properly.The public property/employee rationale is ridiculous. You are a student when you are at school. I would go so far as to say that if you are ANYWHERE but lunch, brunch (are you kidding me?) or a common area that is not used for educational purposes, e.g. a courtyard, you are in violation of the rule.

If one were to use your logic, people would be using cell phones all over the campus becuase it is a public place. The fact that it is a public place does not mean you can use it without restriction. As long as you are a student, you are a student every minute you are in school. If you are NOT a student or other person authorized to be on campus, you are trespassing. Your business people should be told that you are unavailable when you are at school. If your buisness is more important, quit school. Dont subject other students to your conversations in a library. I cant believe you even think that's acceptable.

EDIT: If you are acting as an "incorporated minor" on school grounds, you are no longer a student. You are trespassing.

Answer 2

2

Answer 3

Children at school do not have the same rights as people generally. In schools lockers can be searched without a warrant, If there is a policy against cell phone a school official may have good reason to check the phone to see if it has been used in school and to identify who else may have using a cell phone during school hours, for example. I doubt that a court would find this an unreasonable intrusion. But you never know until you go to court. Since "inappropriate pictures" in the context of a high school could be a euphemism for child pornography (even if it's a self portrait) you may get an answer from the only real authorities.

Answer 4

The school's policy regarding phones is the final policy, and it will be upheld. Who the phone belongs to and who is on the other end of the call is completely irrelevant as far as the school is concerned.


But it's great that you're starting a business as a high school student. Good luck with that. Just remember that businessmen have to follow laws just like everyone else.

Answer 5

Cellphones are not allowed in schools since these will be a nuisance in the library and classrooms. Confiscation must only be made during class hours or when in the library but must be returned to the student during dismissal time.

Answer 6

Unless the rules have changed in libraries...I was under the impression that it was frowned upon to talk...using the computer is one thing...but creating a noisy environment by talking on your cell phone is in poor taste and probably against their rules. You should ask to see the rules for the library specifically.

Answer 7

So, what are the school's policy regarding cell phones.

This sounds like you are complaining about your rights being violated, but don't give a bleep about your responsibilities, such as following rules you don't necessarily like.

Answer 8

"An employee on public property" - No - you are an underaged student on school property! Big difference!

And businessmen on public property doesn't get special rights either! Follow the rules, regardless of who you are!

Answer 9

you signed a contract with the school agreeing cell phones should be turned off between the beginning and end of school before you were admitted to your high school. it doesnt matter if your cell phone is business or non-business, YOU violated your contract that you signed and the school can lawfully take it. it's your fault for not reading the school rules and abiding to them.

Answer 10

Give it a rest, capital boy. If you have such large business to conduct, get home schooling, and do your thing.