Tag Archives: Zero tolerance

Zero Tolerance Will Never Stop Bullying

BullyingBullying, so we are told by the MSM, is an epidemic in our nation’s schools. Administrators have guest lecturers, students role play and/or talk about their feelings, sign anti-bullying pledges, wear ribbons and T-shirts with slogans about how bullying isn’t cool. These things are all fine; its great that there are people and organizations who care enough to shine a spotlight on the real life consequences of bullying. Maybe some bullying is prevented with these programs. That being said, no amount of role playing, “sharing,” or pledges will protect a victim of violence while the bullying is happening.

There is one policy that far too many schools have that will never stop bullying: zero tolerance for those who use legitimate force against those who illegitimately use force. Zero tolerance, makes no distinction between the aggressor and the one being aggressed against. Failing to make such a distinction is akin to taking the position that making love and rape are the same act. Zero tolerance teaches people to not question the rules discouraging critical thinking.

This brings me to the recent event that transpired in Huntington Beach, California. The bully, by the name of Noah, was beating up on another student, Austin who is partially blind. But before he could continue the beat down, Noah received a beat down of his own when Austin’s friend Cody came to the rescue. The beat down consisted of two hits: a hit to Noah’s face and his head hitting the ground.

Here’s the viral video of the event.

Early reports about Cody’s punishment (kicked off the football team and suspension from school) which resulted in an online petition signed by almost 43,000 people for defending his friend appear to be inaccurate. According to the L.A. CBS affiliate, the school did not suspend him and Cody did not join the football team this season. If this is all true, this is a very good sign that not every school has bought into the zero tolerance cult.

Still, there are those even among his defenders, who say that Cody shouldn’t have knocked the bully down. This is absurd.

If any student should be invited to the White House, it should be Cody Pine. While Cody Pine by no means single handedly put an end to bullying, certainly there is one bully who will, at the very least, think twice before attacking another student. Beyond that, perhaps more individuals of all walks of life will be inspired to do what is right.

Something else occurred to me when I watched the video again after publishing this post. Notice the amount of force Cody used to stop Noah from attacking his friend? Cody could have easily beat Noah to a bloody pulp but he chose not to. Like I said, stopping the bully only required two hits. Maybe certain overly aggressive members of law enforcement could learn a thing or two from this video concerning use of force.

The Nanny State Strikes Again: School’s Implementation of Zero Tolerance Goes Too Far

In an effort to control perceived growing violence in schools, Congress passed the 1994 Gun Free Schools Act (GFSA) which required states to implement zero tolerance policies on school property as a prerequisite for receiving federal aid from the U.S. Department of Education. In 2002, Congress repealed this version but reauthorized the zero tolerance requirement under the No Child Left Behind Act. The revised bill expanded the school’s jurisdiction for such offenses from school property to any school-related function. So under the No Child Left Behind Act, school districts would not receive federal funding unless they implemented zero tolerance policies with a mandatory one year expulsion for any student who brings or possesses any firearm on school property or at any school function. School officials are also required to report these offenses to law enforcement agencies.

Have school boards taken these policies too far? Despite no duty or requirement to do so, most school districts have enacted strict zero tolerance policies for other offenses including possession of knives, drugs, alcohol, and tobacco. They have also enacted zero tolerance offenses for acts of violence and even expression of speech, all under the guise of protecting students. For example, an honor student in Dearborn, MI was suspended this month for a year because school officials found a small pocket knife in her bag at a football game.  From the Huffington Post:

A Detroit-area high school has suspended an honors student for the rest of the school year over a pocketknife the student says she had by accident.

Atiya Haynes, 17, was caught with the pocketknife at a homecoming football game in late September at Annapolis High School in Dearborn Heights, Michigan. School officials were searching the bags of female students exiting the restroom after a security guard claimed to have smelled marijuana nearby, according to local outlet WXYZ-TV. When officials searched Atiya’s bag, they found no marijuana, but did find a small knife.

Atiya says she did not realize the knife was in her bag. Her grandfather had given it to her over the summer, urging her to carry it for protection when riding her bike through dangerous neighborhoods to her lifeguarding job, according to MLive.

Atiya, an Advanced Placement student, was originally expelled from Annapolis High following the incident. However, on Monday, the school board rolled back her punishment, albeit slightly. Atiya is now suspended for the rest of the year, but will be allowed to take online classes and graduate with her class in 2015, reports local outlet WJBK-TV.

For starters, students do not lose their constitutional rights when they enter school property. Tinker v. Des Moines Indep. Cmty. Sch Dist, 393 U.S. 503 (1969). The Supreme Court has further held that public school administrators are considered state actors for purposes of Fourth Amendment searches. New Jersey v. T.L.O., 469 U.S. 325 (1985). Students also have a reasonable expectation of privacy in items that they bring to school, even though this expectation is diminished. School officials do not need probable cause to search, like law enforcement would. They may search based on a reasonable suspicion of wrongdoing and most jurisdictions require that this reasonable suspicion is individualized. One US District Court has held that the scent of marijuana is insufficient to show an individualized reasonable suspicion of wrongdoing if the scent cannot be determined to come from any individual or confined group. Here, the security guard claimed that s/he detected the scent of marijuana “nearby”, but there is nothing to suggest that the scent could be confined to Atiya or anyone else in the immediate area. I would argue that this was an unreasonable search and the knife is just “fruit from the poisonous tree.”

Let’s say, for all intents and purposes, that the search was valid. The punishment still does not fit and is excessive. Miss Haynes is an honor roll student, enrolled in AP classes, and potentially college bound. I would imagine that this suspension will go on her permanent record, which could affect her ability to receive scholarships or even get into certain colleges. Furthermore, the evidence suggests that she didn’t even know that the knife was in her purse. Is this the type of protection that Congress had in mind when it passed No Child Left Behind? In this case, Atiya Haynes is the only child being left behind and she is not the only one. Here are some other examples of overreaching zero tolerance policies:

In 1998, a Colorado school expelled a ten year old student when her mother inadvertently packed a small paring knife in her lunch. Despite trying to do the right thing by turning it in, she was expelled under zero tolerance policies and school officials said they had no discretion. While the expulsion was eventually overturned, her family was forced to move after receiving harassing letters that her family was trying to destroy the school.

In 1999, a Florida high school student was suspended for one year for bringing nail clippers to school. This expulsion was also reduced to a ten day suspension. However, the principal of the school was quoted as saying that he “was not…ready to arm kids with more ammo, to bring more items on our campus and make it an unsafe place.” Forget the fact that the student never used the nail clippers herself. Did I mention that her “crime” was bringing nail clippers to school? Nail. Clippers. This is the kind of “dangerous” activity we are trying to protect students from? Let that one sink in.

In 2013, two Virginia middle school students were suspended for nine months for shooting airsoft guns (similar to BB guns) in their front yard. The school claimed jurisdiction because the bus stop was in front of their house.

In 2012, a six year old student in Maryland was suspended for pointing his finger in the shape of a gun and saying “pow.” The principal sent a letter home to the parents stating that the boy “threatened to shoot another student.” Yes, this will be on this boy’s permanent record.

Similarly, a seven year old Maryland student was suspended in 2013 when he bit his pop tart into the shape of a gun and said “bang bang.” These two events led Maryland State Senator J.B. Jennings (R-Baltimore) to introduce the “Reasonable School Discipline Act of 2013” to the Maryland Legislature, which would prohibit schools from suspending or expelling students who use any object that resembles a gun, but serves another purpose. In other words, the bill requires school administrators to use a little common sense. Has it really come to the point where we need such legislation?

In 1999, a Missouri high school junior was suspended for ten days when he responded “yes!” to an online message board asking whether students thought that a Columbine incident could happen at their school. As a result, he became ineligible for the National Honors Society and missed taking achievement tests which would have placed him in college level courses.

Finally, we saw the post made by Tom Knighton yesterday about the five year old student who was forced to undergo a psychological evaluation and sign an agreement to not harm anyone or herself because she drew a picture of a gun and held up a crayon, saying “pew pew.” She is five!

According to the National Association of School Psychologists, students who are suspended from school are more likely to suffer psychological disorders such as depression and anxiety from being ostracized. They are also much more likely to wind up in the juvenile justice system and therefore, the “playground to prison pipeline.” The American Psychological Association’s Zero Tolerance Task Force further found that zero tolerance policies had the opposite effect on preventing school violence. This is just another example of overreaching state power and the government, in its “infinite wisdom”, thinks it knows best. We would be better off to eliminate or reduce zero tolerance offenses. Our kids and future generations will thank us.

Albert is a licensed attorney and holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son named Albert and a black lab puppy named Lincoln. In his spare time, he plays and coaches soccer.

Schools’ zero gun tolerance get more ridiculous

A student’s mom in Mobile, AL is a little upset these days. You see, her daughter’s school got upset because the daughter drew a picture of a gun, then reportedly pointed a crayon at another student and said, “Pew pew!” (The school has not commented on whether or not the crayon was loaded, however)

In reaction, the school reportedly had the daughter evaluated by a psychologist and had the daughter sign a contract stating that she would reach out to someone should she want to hurt herself or another. Such contracts are fairly standard for people with mental health issues involving suicidal or homicidal intentions.

Why is the mother upset? Probably because her daughter is just five years old. » Read more

First, I’d like to take a moment to mention how great it is to be posting something to The Liberty Papers. In 2009, I joined with a friend in a project he had started where we blogged about area politics. I’d blogged a little bit here and there before about whatever random things, but my libertarian streak had never really gotten a chance to fly.

Suddenly, I had a platform. To say it changed my life was…well, a significant understatement. It lead to me getting to know some pretty cool people, many of whom are here at The Liberty Papers. It gave me the opportunity to first write for a local newspaper, and then eventually buy it. While that didn’t necessarily work out, it was yet another example of me being able to write a lot of words in a fairly short amount of time. So, I did like a lot of people and decided to write a book. Bloody Eden came out in August and is available at Amazon (or your favorite book website for that matter).

Now that we’ve gotten the history out of the way, a bit about the politics. First, I’m probably best described as a classical liberal. At least, that’s what every “What kind of libertarian are you?” quiz has told me, and they’re probably right. I’m a constitutional libertarian, for the most part. If the Constitution says they can do it, it doesn’t mean they should, but if the Constitution says they can’t, then they can’t. It just doesn’t get any simpler than that.

I look forward to contributing here at The Liberty Papers.