@engineer,
Quote:That is not what happened according to the article. Just like parents remind their children not to put anything on the Internet that is incriminating, reminding students not to be stupid in revealing too much information is just common sense, especially if they are being asked about illegal activity.
But they weren't being asked about illegal activity--were they?
They were asked about substance use--drugs and alcohol. But drinking or using drugs by a high school student isn't illegal. Selling or supplying them with such things, or possession of a certain quantity of drugs might be illegal, but use, per se, wouldn't be.
In that sense, I do think this teacher sent an inappropriate message by bringing up the 5th Amendment. The purpose of the survey was not to have these students incriminate themselves in a criminal way, it wasn't seeking to entrap them or prosecute them for illegal activities. It really wasn't asking about illegal activities. But, by bringing up the 5th Amendment, the teacher was sending a message that those who created the survey, and who would be looking at the results--people who were also that teacher's colleagues in the school system--couldn't be trusted. I'm not sure, at all, that was a helpful message to send to his students. Why make the students unjustifiably distrustful of the school personnel? Did the teacher feel the info would be misused or the students harmed by what they revealed? If he felt that way, then he should have refused to distribute the questionnaire to them. But, handling it the way he did, I think he did deserve a reprimand.
I think there can be problems with a survey of this sort, particularly when the respondents do not have anonymity. But, if the goal is to try to identify and help those who might be having substance abuse problems, you'd want to know who they are.
I think this is more a potential invasion of privacy issue, than anything to do with the 5th Amendment. If the students were pressured into answering the questions, or were made to feel they would be subjected to negative consequences if they didn't complete it, then their privacy would be unduly invaded. Things of this nature should be completely voluntary, if done at all. And, if you want anything approximating honest answers, you have to let the students know who will be seeing the info, and how they will use it.
If the point of the survey was to identify, and then reach out to, students who might be having problems with alcohol or drugs, you aren't helping those students by suggesting they conceal that info--which is what that teacher did. The teacher should have settled whatever problems he had with this survey directly with the administration, rather than put his students in the middle, or make them unduly distrustful or suspicious of the school's motives. So I really don't think he handled this properly.