Kingston, WA asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for California

Q: Hello! We have an odd situation. We're not "law suit happy" people, but we're wondering if our son's teacher violated

any laws with his behavior-- we're not happy. Our son was expected to write a private journal in his class and he does not care for the teacher (He's very rude and has a reputation for being an a-hole). He wrote his true feelings about the teacher, expecting privacy as promised.The teacher ended up not only reading through the journal, but he then TOOK PICTURES of the pages with his phone and said something to him about "needing to see a psychologist" and then went as far as setting up an appointment with the school psychologist!! He was taken out of his class to deal with this. He also found out that he shared the journal with several other members of the faculty.He was absolutely humiliated and could not believe the trust was broken.He didn't write anything threatening or dangerous--he was just venting like a normal teenager.He is also a minor (17). I used to teach high school and I find his behavior unacceptable and unethical, but did the teacher violate any laws? He lives in CA.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, students have a reasonable expectation of privacy when it comes to their personal journals and private communications. If a teacher were to read a student's private journal without their consent or share its contents without a legitimate reason, it could be considered a violation of the student's rights.

In the case you describe, it appears that the teacher not only read your son's private journal without his consent, but also took pictures of its contents and shared them with other members of the faculty. This behavior is not only unethical, but also potentially illegal.

In addition, the teacher's comments about your son "needing to see a psychologist" could be considered harmful and stigmatizing. Teachers have a duty to act in the best interests of their students and to provide a safe and supportive learning environment. In this case, it appears that the teacher's actions may have caused harm to your son and violated his rights.

If you believe that your son's rights were violated, you may wish to consider consulting with a qualified attorney who specializes in education law. An attorney can help you understand your legal options and work with you to pursue appropriate action against the school or teacher.

Overall, it is important to take violations of student privacy and safety seriously. By standing up for your son's rights and holding the teacher accountable for their actions, you can help ensure that other students are not subjected to similar mistreatment in the future.

1 user found this answer helpful

Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Your question should be addressed to lawyers licensed in Washington state, not California, because Washington state lawyers know the law of your state.

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