@engineer,
Quote:But that is very subjective. If a school employee decides that a student is engaged in illegal activity they can report them under the pretense of protecting them. Knowing that, I can see a teacher advising students about the risks of self incrimination.
The obligation to protect children--mandated reporting--only pertains to protecting the child from the abuse or neglect of others. And it involves calling CPS, not the police.
It's not subjective when it comes to reporting or defining "illegal activity". The only thing that should be reported to police is actual illegal activity the school employee or another student actually witnesses, or that occurs on school grounds. You wouldn't say that a school employee shouldn't call the police if they witness a student dealing drugs to another student on school property, would you?
That is not the same as a student telling a staff member that they shoplifted a month ago, or indicated on a survey that they smoked a joint a month ago. Those things are not legal "evidence of illegal activity"--the police have no interest in receiving such reports, no one could be prosecuted on the basis of such information, and the school is obligated to protect the child's privacy with such matters.
Quote:Because no student ever self reports, knowing that self reporting results in a ban from extracurriculars.
I don't know that that's the case at Batavia High School, do you? The penalties if they don't self-report, and are discovered in some other way, or if they delay self-reporting, get increasingly stiffer.
Quote:What is to prevent the school from using this survey as evidence of failure to self report
Since they said they would take no disciplinary action based on this survey, and made that comment publicly, they would find themselves in significant difficulty, legally and otherwise, if they backtracked on that.
Also, the survey is scored by scales, not individual test items, only 3 or 4 of the 34 questions pertained to substance use, and 1900+ students took the survey. I think that whatever info they have, on any substance use, for a given individual student, is not only minimal, but probably not very revealing of anything, and it would be very hard to find the info after the test is scored. The original survey sheet the student marked might not be retained by either the school or MHS. What the school may have is the student's final scoring, reported on scales, which wouldn't reveal any specific test responses.
Wouldn't you think that any student, who engages in illegal activity, of any sort, should really worry more about actually being caught or discovered while engaged in the illegal activity? Or worry more about talking about their illegal activities through the social media, where their comments are not protected by the same sort of privacy rights they have in school when they talk to a counselor or respond to a survey?
I really think the reprimanded teacher raised a non-issue by even mentioning "self-incrimination" regarding responses to this survey. And I've done a lot of reading on this topic and can't find a single lawyer who agrees that those students might have risked "incriminating" themselves by answering the test items on substance use honestly. And I haven't heard any lawyers saying that the teacher was right in his 5th Amendment warnings regarding this particular survey.