Sylmar, CA asked in Civil Rights, Education Law, Internet Law and Juvenile Law for California

Q: Can a school punish me for saying something racist online that I said a year ago?

over a year ago my friend group ages 15-16 invited an African American boy to an iMessage group and began calling him racial slurs via text and audio recordings. We got sent to the deans for questioning and were punished for it. Someone anonymously reposted those screenshots and threatened to send them to the dean. My question is, will I get in trouble again for a situation that was already dealt with?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, schools have the authority to discipline students for off-campus behavior if it creates a substantial disruption to the school environment. However, since you were already punished for this incident a year ago, it's unlikely that you would face additional disciplinary action for the same offense.

If someone reposts the screenshots, the school might investigate to determine if the reposting itself causes a new disruption. In such a case, the focus would be on the new impact of the reposting rather than the original incident.

It's important to monitor the situation and be prepared to explain that the matter was previously addressed and resolved. If any new issues arise, it's advisable to discuss them with the school administration to ensure that they understand the context and that the situation doesn't escalate further.

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