Expunging A Disciplinary Record

<p>Interesting story out of Atlanta today <a href="http://www.ajc.com/news/content/metro/northfulton/1005/metdiary1005a.html%5B/url%5D"&gt;http://www.ajc.com/news/content/metro/northfulton/1005/metdiary1005a.html&lt;/a> (free registration required). A girl is suing to have her previous suspension expunged from her records so that she won’t have to discuss it in her college applications. </p>

<p>To make a long story short, she was expelled in 2003 after a teacher read a story in the girl’s journal about a student who dreams she kills her math teacher. The author was expelled and removed from school by a police officer and charged with making terroristic threats. On appeal (which included testimony from Georgia’s Poet Laureate – who knew they had one?), the serious charges were dropped but she was suspended for 10 days for disrespectful conduct. </p>

<p>Girl is now suing to have the suspension expunged as well, apparently so she won’t have to disclose it on college applications. According to the story, “She is preparing to attend college and is concerned about having to disclose her disciplinary record, Keenan (note: her attorney) said. The Fulton system cannot release disciplinary records to universities without a court order or parental permission. But she should not be put in the position of having to disclose the suspension on applications, Keenan said. ‘Those questions are clear and definite and she's not going to commit perjury,’ he said. ‘When you apply to college, they want to know if you've been suspended.’”</p>

<p>In a clear example of how much of a CC geek I have become (thanks everybody!) my first thought on reading the story was – Wow! What a great essay topic! My second thought was a question as to whether expunging the record will accomplish what the student wants. Don’t many applications ask the suspension question and add on some language re “even if the suspension or expulsion was later reversed” or some such language?</p>

<p>I guess my first opine is that this young woman and her parents are baked. I mean how are you 'gonna keep it in that bag when it's on the front page???
Second opine is that she is extracing her pound of revenge on the school as she departs the exit door. The questions on the applications are not always specific....don't forget the guidance counselor report 'tho. I wish them luck but in my opinion it will not make this student's application process any easier.</p>

<p>Id - There has to be more to this suspension/expulsion story than a journal listing about a friend's dream. It's hard to provide suggestions without knowing what the alleged threats were. Surely the GC is best situated to understand and explain. Is the GC supportive?</p>

<p>NewHope -- Actually, I was just posting it as an interesting story (no personal involvement). According to the story, though, the student has switched schools so the GC report will come from somebody who really had no first-hand knowledge of the event. I vaguely remember this story from 2 years ago, and the student was well-regarded (i.e. not the Blair Hornstine model).</p>

<p>"Id - There has to be more to this suspension/expulsion story than a journal listing about a friend's dream. It's hard to provide suggestions without knowing what the alleged threats were."</p>

<p>This is from the news story: "Administrators determined the entry constituted a threat of bodily harm. The day after the teacher confiscated the journal, a school police officer removed Rachel from class."</p>

<p>My understanding (I heard about this incident a while back) is that it was a short fiction story written in a personal journal. I also heard--as Iderochi says--that she is a good student. (Who made the mistake of having her personal journal in art class)</p>

<p>This is another excerpt from the article: "Rachel and her family clearly want to send a message this is not about financial gain," Keenan said. "The real point is to take her life back to the day of [Oct. 7], 2003, and give her the record she deserved: a good student, not a troublemaker, and clearly not a terrorist."</p>

<p>Gee I guess if Stephen King was in HS now he'd be a murderer.</p>

<p>If her grades are good, there are plenty of excellent, liberal colleges and universities that would love to accept her. The publicity will help her.</p>

<p>I wonder if she's planning on being a journalist or lawyer.</p>

<p>I've read the article, but I'm not clear on the circumstances that led to the journal being read (the article says it was "seized" in the girl's art class) by a teacher. Why is it within a teacher's rights to read a student's personal journal? If the student somehow disrupted class because of the journal (writing in it instead of paying attention? gosh, THAT's never happened before), why couldn't the teacher have temporarily confiscated it and returned it later, WITHOUT reading it? If the kid was especially disrespectful, maybe tack on an afternoon in detention or an essay on proper classroom behavior. But a ten-day suspension, reduced from a year-long expulsion? Charges of terrorism? If it had been my kid, we'd have sued before now, and for more than a dollar.</p>

<p>The publicity surrounding the lawsuit would seem to defeat her reasons for suing to have the suspension expunged. I agree, though, that it's not necessarily a bad thing. Adcoms from LACs and unis that are tuned in to free speech issues would probably carefully consider a supplemental essay on the circumstances of the suspension. </p>

<p>SBmom - absolutely right re Stephen King! And what would today's hs administrators make of Shakespeare? Or Aeschylus? Geez.</p>

<p>It occurs to me that, no matter the outcome of the lawsuit, colleges might not be too keen to admit a student with a litigious bent. I really think the whole thing's ridiculous - filing a lawsuit (in which you'll have to reveal not only the incident in question but other biographical info. you might have considered personal) in order not to have to reveal something to colleges. I would never think this is an appropriate essay topic (assuming the goal is to gain admittance). </p>

<p>This reminds me of the Princeton undergrad who stated on the front page of the New York Times (last winter, I think) that his parents didn't know he was cutting class and earning big bucks playing on-line poker. Maybe they didn't know the day before, but unless they're living in their own biosphere, they'd know now. </p>

<p>What I would do is attempt to explain the incident and offer to show colleges the original paper so they could draw their own conclusions. If she can't get in where she wants on the first try, she could go the c.c. route and earn her way in through good behavior and grades. Most people allow 18 year olds a second chance.</p>

<p>Id - Thanks for the clarification. It does seem to me that LeftHandOfDog has suggested an excellent course of action -- describe the incident (briefly!) and offer to show colleges the journal. </p>

<p>Given the "zero tolerance" policies prevalent in today's school environments, colleges may have had this situation many times before. Regardless, I think explanation is much preferable to a lawsuit for reasons LHOD so nicely summarized.</p>

<p>I wonder if the school officals had apologized if there would have been a lawsuit. I assume (because of zero tolerance) that they feel their actions were appropriate? It just seems like the whole thing could have been handled better.</p>

<p>back up a second, (please). </p>

<p>The article states, "but did not erase the 10-day suspension she received for offenses related to the seizure of the journal — including disrespectful conduct,"</p>

<p>So, we don't really have all the facts. It sounds like her 10 day suspension was not for what she wrote, not for making terroristic threats, but for something else. Did she refuse politely to turn over the journal? The school apparently thinks her behavior warranted the suspension, journal entries aside.</p>

<p>And secondly, even if the school "expunges" her record, the suspension still happened. They can't change that. I don't see how she could honestly answer "no" to the question, "Have you ever been suspended from school? If yes, explain." I don't care if she receives a presidential pardon. She was suspended and if asked, she should honestly answer that she was suspended, and explain it.</p>