>
> Date: Mon, 27 Feb 2006 08:55:41 -0700
> From: Marian Royal <mroyal@SOCORRO.K12.NM.US>
> Subject: TAR: GEN: Violation of office space in attempt to censor
<snip>
Do teachers in public
> schools have any rights to privacy whatsoever? I know that my superiors
> may come in and look through my belongings, although I find that
> behavior deplorable, but do janitors and other employees have that same
> right? I am getting ready to compose a written complaint to both
> principals to which I will attach relevant sections of the policy
> manual, including the "Citizen's Request for Re-evaluation of Materials"
> form. I will also make a verbal complaint. Anything else I should do.
> Would it be wise at this point to contact ALA? This is such a
> potentially explosive issue, I would greatly welcome your collective wisdom.
Your district should have specific policies on search and seizure -- which
is the legal term for an employee going through another employee's material.
The legal standard is that the administrator can go through your desk and
personal materials if there is a reasonable suspicion that you have violated
some policy, law, etc. But having materials in your office for review is
certainly not a violation of any policy. And a custodian does not have
authority to conduct a search. A custodian could argue that he or she has a
legal right to be in your office -- but this is only for the purpose of
cleaning, not looking through your stuff.
I would check with your union rep to determine district policies on search
and seizure of staff. If your district does not have clear policies, it
should.
Nancy
--
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
nwillard@csriu.org
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