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Student Records Kids Who Bully Him, Then Gets Threatened With Wiretapping Charge

Posted by Soulskill on from the it-takes-real-effort-to-be-this-wrong dept.

An anonymous reader tips news of an incident in a Pennsylvania high school in which a student, Christian Stanfield, was being bullied on a regular basis. He used a tablet to make an audio recording of the bullies for the purpose of showing his mother how bad it was. She was shocked, and she called school officials to tell them what was going on. The officials brought in a police lieutenant — but not to deal with the bullies. Instead, the officer interrogated Stanfield and made him delete the recording. The officer then threatened to charge him with felony wiretapping. The charges were later reduced to disorderly conduct, and Stanfield was forced to testify before a magistrate, who found him guilty. Stanfield's mother said, "Christian's willingness to advocate in a non-violent manner should be championed as a turning point. If Mr. Milburn and the South Fayette school district really want to do the right thing, they would recognized that their zero-tolerance policies and overemphasis on academics and athletics have practically eliminated social and emotional functioning from school culture."

Update: 04/17 04:36 GMT by T : The attention this case has gotten may have something to do with the later-announced decision by the Allegheny County District Attorney's office to withdraw the charges against Stanfield.

31 of 798 comments (clear)

  1. Rewarding the bullies... by killfixx · · Score: 5, Insightful

    This is why people don't like going to the authorities...

    Not only was his problem not taken care of, but he was actually punished for trying to protect himself non-violently!

    Fucking ignorant fucks!

    I usually don't feel this way, but as a person who was endlessly bullied, I hope they eat a bag of diseased dicks.

    Another person who will be afraid of authority.

    And, what if this kid commits a Columbine-esque revenge scenario? They'll blame it on some other bullshit, not their own lack of souls...

    FUCK!

    --
    "Helping to keep you two steps ahead of the Thought Police!"
    1. Re:Rewarding the bullies... by Opportunist · · Score: 5, Interesting

      When you take a look at school shootings, I can't help but ... is it me or is it blatantly obvious to everyone what's going on? I mean, look at things.

      1. Kids shoot up schools. Why schools? Why not shopping malls before Christmas or movie theaters during blockbuster premiers? If it's body count and fame you're after, that's where you'd have to do your killing spree. Schools are rather meh for either. Not very cramped, lots of exits, before you can rack up a sensible body count most of the people already hit the exit. Now try a movie theater with 2 exits for 200+ people. Shot 10 or so and a body count of at least 50 is certain due to the stampede! So why schools?

      2. A killing spree is not targeted. That's not the case with school shootings. When you go on a killing spree, you want people dead. You don't care who gets to bite the dust, but when you look at the school shootings that is simply not the case. The shooters don't simply open the first door on their way in and clean the classroom out, then move on to the next. They usually are very selective where they go and who they shoot.

      It's not a killing spree. It's revenge. Plain and simple. That's of course nothing you can say as a politician. Because the ones guilty of the shooting are usually the ones being shot. It's kinda hard to blame teenagers who just got their head blown away and get reelected. So we need to shift the blame on movies, computer games, music, you name it. As long as kids like it and parents don't get it, it's a convenient scapegoat. And it works as such, no doubt. It won't change anything, though.

      We should make our mind up what we want. If we just want to feel good that we "done something", then we can continue as we did so far, ban various games, movies and songs and accept that we'll have a few revenge rampages a year.

      Or we finally start get our heads out of our asses and accept that we have to do something against it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Rewarding the bullies... by NotDrWho · · Score: 5, Insightful

      The problem wasn't taken care of because the first priority of schools officials isn't to protect the students, it's to protect the school (and their jobs). They wanted the recording deleted before it could get out and embarrass them. The police just helped them.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    3. Re:Rewarding the bullies... by korbulon · · Score: 5, Funny

      As for the action taken by the school, one really has to wonder as to what kind of cretins make up the school administration.

      Those who can, do; those who can't, teach; those who're cunts, administrate.

    4. Re:Rewarding the bullies... by rmdingler · · Score: 5, Insightful
      Here's the thing: Everyone has been bullied at some point in their life. Not all children are prone to it, but there is always a bigger kid prone to intimidation tactics when growing up.

      Kids live by the law of the playground jungle when adult supervision and rules are absent from the equation. It is ingrained into us as some form of social stepping stone, the animal in each of us at work, attempting dominance and security for an insecure bully.

      There is a time honored civil process in which we attempt to retrain our young into civilized little pricks. Picking on the weak is wrong, and you don't get to take advantage of a fellow human because you're physically or mentally able to do so.

      Everyone is small and helpless early, and many are old and helpless late in life. These rules benefit us all, and what happened here sends precisely the wrong message.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    5. Re:Rewarding the bullies... by hattig · · Score: 5, Insightful

      Most likely the bullies are members of the school's football team, hence the protection afforded to them.

      So option three, but targeting the Achilles heel tendon or other sport-critical tendon/muscle, is a great option, in my opinion.

      Clearly the school has a bullying problem, and a control problem. It's a sick, diseased school run by weak people, and teachers too afraid to do their job to protect students from bullies who are on the school football team. This is something that requires state intervention, I presume the state has school inspection bodies, and the ability to enact punishments? I would suggest a ban in intra-school sporting competition for a couple of years until the school's curriculum has moved back towards education.

      Indeed, I think that US school sports is really weirdly venerated. I'd split the two up, schools can have basic sport, but clubs, etc, should be run outside of the school, maybe with loose affiliation, but having no influence on the school's central reason for existence - education.

    6. Re:Rewarding the bullies... by LifesABeach · · Score: 5, Insightful

      I believe you are describing the current post authoritarian decade that finds its declining numbers of leaders faced with the issue of self survival. The easiest way for them to do this is to point a finger at the weakest person they can quickly identify; then say that person is the problem to be solved.

    7. Re:Rewarding the bullies... by ebno-10db · · Score: 5, Funny

      I blame that on bad science courses.

    8. Re:Rewarding the bullies... by Anonymous Coward · · Score: 5, Interesting

      Yup I used to see bullies first hand at my school, but I was bigger then pretty much anyone. The teachers ignored bullying, they just didn't care.
      I decided to become an "anti-bully".
      I made it known that if any kid was getting bullied they could come to me and I would protect them, unlike the teachers, so I became friends with a lot of kids and we would all hang out with each other at school, protecting each other en mass. I never went out of my way beat up anyone but I stood up for myself and for the kids I was protecting, sure I got into a few altercations at the start but not much.
      Within a year bullying pretty much seemed like an all time low within the school, and some of the original bullies actually became our friends. The thing is bullies usually have deeper issues and I found they generally fell into one of three groups - 1)Anti-socials who could never make friendssince they don't fit into any of the social groups, it eats away at them so they eventually belittle other people. I generally found these the easiest to "convert" since they finally have something they always wanted: a friend 2)Parental issues, usually their parents are drunks, or pay zero attention to them. This group is harder to get into because the issues are generally so deep-rooted. But often just lending an ear and letting them vent was the biggest success. 3) Alpha males who think they have something to prove, since they were alpha males, I generally didn't bother trying to make friends out of these guys, they always turned me off anyways

    9. Re:Rewarding the bullies... by camperdave · · Score: 5, Funny

      Coping by paying the immigrant to go Columbine ticks all three boxes.

      --
      When our name is on the back of your car, we're behind you all the way!
    10. Re:Rewarding the bullies... by stdarg · · Score: 5, Insightful

      I think the reason is probably that common bullying doesn't look that bad when it's not happening to you. Verbal bullying is often quite funny to onlookers. Minor physical bullying looks like no big deal.. almost on the level of a prank.

      Probably another factor with administrators is that, as adults, the kids all look like kids to them. The difference between a bully and a victim to an adult is much less than to the bully and the victim themselves.

      That said, it's incomprehensible to me how a kid gets in trouble for standing up for himself to a bully. I just don't understand what's going through the administrators' minds. They are probably horrible people.

  2. Felony vs terrorism deterence by OffTheLip · · Score: 5, Insightful

    Ordinary citizens face felony convictions for this while the feds do something similar and are combatting terromism to keep us safe.

  3. WTF?? by gstoddart · · Score: 5, Insightful

    So, kid gathers evidence of bullying by other kids, gets charged?

    That is insane.

    So, if I take a video of someone stealing my car, would I get arrested? Under what circumstances could I do that and not be charged? WTF doesn't gathering evidence of bullying get an exemption from wiretap laws?

    Whatever law enforcement and officers of the court were involved in this are total morons. This makes no sense at all.

    --
    Lost at C:>. Found at C.
    1. Re:WTF?? by Talderas · · Score: 5, Informative

      Yes, the kid got charged because he violated Pennsylvania's wiretapping and recording laws. Pennsylvania is a two-party consent state so both parties to the conversation must consent before a recording can be made.

      No, you would not be arrested and charged for video taping someone stealing your car because you aren't recording a conversation.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    2. Re:WTF?? by Opportunist · · Score: 5, Insightful

      Reason enough to end the life of bullies early on. Killing a policeman can really get you into trouble.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:WTF?? by Anonymous Coward · · Score: 5, Informative

      Yes, the kid got charged because he violated Pennsylvania's wiretapping and recording laws. Pennsylvania is a two-party consent state so both parties to the conversation must consent before a recording can be made.

      A good lawyer would get it thrown out for Necessity.

      "In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when that conduct is not excused under some other more specific provision of law such as self defense." - wikipedia

      Recording the bullies was NECESSARY in order to prove the bullying existed, so it could be dealt with.

    4. Re:WTF?? by gstoddart · · Score: 5, Insightful

      Yes, the kid got charged because he violated Pennsylvania's wiretapping and recording laws. Pennsylvania is a two-party consent state so both parties to the conversation must consent before a recording can be made.

      Yeah, and supposedly this school has a zero tolerance policy towards bullying.

      And according to TFA, the bullying was happening in the class room, with a teacher present. Which means the school had more or less abandoned their role in policing this, and the kid was left with no other recourse.

      Shortly thereafter, a loud noise is heard on the recording, which her son explained was a book being slammed down next to him after a student pretended to hit him in the head with it. When the teacher yells, the student exclaims, "What? I was just trying to scare him!" A group of boys are heard laughing.

      What teacher can't be watching this in their own classroom and NOT understand that bullying was happening?

      If the teacher who was physically in the room wasn't doing anything, WTF good is telling the school about it? Because the school is either indifferent, clueless, or incompetent to address the issue.

      And the officer involved?? I would also say was incompetent or indifferent:

      He later answered as to why he thought the disorderly conduct charge applied to this case by saying, "Because his (the student's) actions - he engaged in actions which served no legitimate purpose." He then read the statute as, "Creates a hazardous or physically offensive condition by acts which serve no legitimate purpose."

      I would say the legitimate purpose was to demonstrate that the bullying was, in fact happening, was happening while there was a teacher present, and that nothing at all was being done about it. He certainly didn't create a "hazardous or physically offensive condition". Sorry, but I think the cop was a fucking idiot.

      I'm inclined to agree with the lawyer on this one. The police misapplied the statute here, forced the kid to destroy the evidence, and then didn't do a single thing about the problem.

      And people wonder why kids go into school with guns? I can't even believe the story has a link to a contest to win an AR-15.

      I read this whole story as a complete failure of the police and school to understand and deal with the actual issue here.

      --
      Lost at C:>. Found at C.
    5. Re:WTF?? by Attila+Dimedici · · Score: 5, Informative

      There are two things about this. Pennsylvania's "two-party consent" only applies in situations where those being recorded without their consent have a "reasonable expectation of privacy." I have a problem with the judge finding that people (teachers and students) have a reasonable expectation of privacy in the classroom. The other thing is that the Pennsylvania law also has an exception that states that you do not need to permission of someone who is committing a crime in the recording. That would not have applied in this case since not all of those being recorded were committing a crime. (I am not sure if any of the actions recorded crossed over into criminal territory, or not. Although if I was a judge, or on a jury, they are at a minimum close enough that I would be unwilling to convict the person recording them.)

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    6. Re:WTF?? by Talderas · · Score: 5, Informative

      I'm going to play devil's advocate here because I read the article to see what event had transpired.

      Necessity typically requires three tests to be a valid defense, the defendent needs to be breaking the law to avoid a significant risk of harm, there were no adequate lawful means to address the situation, and the harm avoided was greater than the harm caused by breaking the law. The problem in this situation is the second one. The problem is that neither of the articles suggested that any other steps were taken to stop the bullying prior to committing the recording. That's the problem. There's no suggestion that the boy told his mother about the bullying, there's no suggestion that the mother contacted the school about the bullying before the recording was made. All that exists is a vague statement that the boy felt powerless so he made the recording. No suggestion as to why he felt powerless, be it lack of response when bringing the issue up or due to his own disabilities. This situation, unlike many of the clear cases of necessity, had a long period of time over which to address the problem rather than requiring near immediate action such as to prevent someone from being injured or killed.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    7. Re:WTF?? by crakbone · · Score: 5, Interesting

      From what I remember from another article (several days ago) the teen recorded the incident to convince his mom that he was being bullied ( he had told her several times but she did not believe him). He had evidently requested help from teachers as well. When his mom saw the evidence she told him to show the principal the recording. The principal then called the police without informing the mother or talking with her about the incident. She was later called in. Mind you this recording was made IN FRONT of a teacher. In a full classroom. I would think there would be no expectation of privacy in a room filled with students and a teacher. In a building with security cameras, in a state that has had schools actively monitoring the students even at home (http://en.wikipedia.org/wiki/Robbins_v._Lower_Merion_School_District).

  4. Must have made some football players look bad by ebno-10db · · Score: 5, Interesting

    Judging by how past actions of Pennsylvania HS football players were judged, this is not surprising. Compared to letting them get away with rape, this is downright reasonable.

  5. Quite logical reaction by Opportunist · · Score: 5, Interesting

    What did his mother expect from the school as a reaction? Siding with the victim of bullying? Seriously? Allow me to give you a brief rundown of how school deal with bullying.

    What a school wants is "peace". They want pupils to shut up and not cause a problem. Especially not a disciplinary one. So how do they deal with bullying? Well, easy: Not at all. Because it is not a school's problem. The bully has his victim, is satisfied and will not cause any other problem towards the school, its property or its faculty. The victim is being pushed and punched.

    Now when does the school run into a problem in this scenario? Right. When the victim does not want to play his role anymore. That is when the school runs into a problem. Because now they have to do something. Until that moment, there was no reason for a reaction. A pacified bully is no problem, and a victim that lets the bully kick him is none either. The very LAST thing the school wants is to be forced to take action against the bully. Because then not only does it draw attention to the bullying problem, it puts a very unhappy bully at their hands, someone who knows how to cause trouble if he wants to, who may or may not be even supported in his actions by his parents.

    The school's reaction is a logical one: The victim upset the apple cart. He created a problem for the school. What the school wants is him to shut the fuck up again and swallow the punches.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Quite logical reaction by Kjella · · Score: 5, Interesting

      Reminds me of a story how I read on how one girl "solved" her bullying problem, they'd raised the issue several times with the school to no effect. Dad finally has enough, teaches her to fight. She grabs the head of the lead bully and slams it on her knee, broken nose, blood everywhere. School threatens to expel her, her dad threatens to sue the shit out of them for everything she's been through. Like the good cowards they are, the school backs down and manages to convinces the bully's parents not to press charges either. She's now forever known as that crazy kid, but nobody's messing with her anymore. It's sad but school is mostly a lawless territory where violence is often the last and only means to defend yourself.

      --
      Live today, because you never know what tomorrow brings
  6. All-party state by king+neckbeard · · Score: 5, Informative

    The probably is Pennsylvania is an all-party state, where most states only require the consent of one party to record.

    --
    This is my signature. There are many like it, but this one is mine.
  7. Legal Analysis by What'sInAName · · Score: 5, Informative

    Here's an interesting article that looks at the legal aspects of this case:

    http://www.washingtonpost.com/...

    tl;dr version: The charges are bullshit.

  8. Charge the officer by Anonymous Coward · · Score: 5, Insightful

    Tampering with evidence, intimidating a witness, and dereliction of duty. Under no circumstances should he have ordered the child to delete the recording. If there was a felony charge to be made, it was his duty to make it. Ordering and then overseeing the destruction of evidence to that effect is actionable.

  9. Same old, same old. by SlurpingGreen · · Score: 5, Insightful

    I was assaulted once by a kid twice my size in middle school. He was harassing a group of 5 girls, taking their bags and throwing them on the ground. I asked him, "Why are you being such an asshole? Why don't you just leave them alone?" He punched me in the back of the head when I turned to walk away, then took about 12 swings at my face while sitting on top of me. I never hit him at all, just deflected most of his attacks.

    The next day, the school administrator gave both of us detention for a week. He said I shouldn't have used foul language.

    I think there's a kind of deep inability on the part of adults to distinguish between rough play that got a little out of hand and a bully who's completely out of control. I can't see any school policy fixing that.

  10. you want school shootings? by nimbius · · Score: 5, Insightful

    because this is how you get school shootings. Or in Pennsylvanias recent case, school stabbings. When you strip a person of their safety, and offer them no recourse, they become hard. They become determined with nothing to lose. They adopt these horriffic scorched earth tactics because nothing you say or do is consistent or fair, so the outcome and result of their actions is no longer relevant. And the saddest part is in the aftermath.

    people will wonder how they could have helped, what caused it, and why this happened. Gun nuts will bark about bullet proof blackboards and guns for teachers. Parents will entirely miss the point and call for tougher gun laws. No one will stop to consider students or kids for that matter as real people.

    --
    Good people go to bed earlier.
  11. Contact info for the relevant human garbage by korbulon · · Score: 5, Informative

    Here are the details of the relevant parties:

    The "judge": Maureen McGraw-Desmet

    295 Millers Run Road Bridgeville, PA 15017 phone: 412-221-3353 fax: 412-221-0908

    The "officer": http://www.linkedin.com/pub/ro...

    and then there's this piece of shit: http://www.southfayette.org/si... (smilburn@southfayette.org)

    If ever there was a job for Anonymous...

  12. Option Three is just wrong. by Anonymous Coward · · Score: 5, Funny

    "- Pay an illegal immigrant $100 to stab the bully in the kidney."

    Slashdot is no place to advocate outsourcing good American jobs to illegals and you are a bad person.

  13. How icky. by thesandtiger · · Score: 5, Insightful

    Is anyone else creeped out by how hopeful some of the posters here seem to be about the possibility of the kid "going Columbine"?

    I get it that many slashdotters feel they were abused by bullies when they were kids, but the fact is pretty much every kid ever has been picked on (and has bullied another kid) at some time in their childhood. Yeah, it sucks, and yeah, the authorities here should absolutely be taken out of positions where they can commit future injustices like this, but in no way, shape or form should revenge fantasies like "going Columbine" be casually thrown about as if yeah, that's something reasonable.

    Yeah, it sucks that some of you were horribly treated when you were young, but get the fuck over it already. If you still get overwraught to the point where you fantasize about killing people at shit that happened 10 years ago on a playground, you have problems and you need to address them.

    --
    Since I can't tell them apart, I treat all ACs as the same person.