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Tunkhannock area Law enforcement investigating nude or suggestive images of female students found on other pupils’ phones
Nude student pics on cell phones
By Mark Guydish mguydish@timesleader.com
Education Reporter
TUNKHANNOCK – After discovering student cell phones with explicit photos of female students nude or in suggestive poses, Tunkhannock Area School District Superintendent Michael Healey said the district needs to be “proactive rather than reactive” to potential issues with cell phones in school.
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Tunkhannock Area Superintendent Michael Healey
PGW
Wyoming County DA George Skumanick
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Related Document
tunkhannock lettersLetters from Superintendent and District Attorney
Healey said the incident -- turned over to police and Wyoming County District Attorney George Skumanick, Jr. for investigation -- began when an administrator confiscated a student cell phone “as a result of a secondary issue.” District policy allows students to have cell phones, but requires them to be turned off and stored in lockers during school hours.
The administrator “had the opportunity, because of the incident that triggered the confiscation, to examine the cell phone content.” He found photos of female students that included both nudity and sexually suggestive poses, Healey said.
That was more than a week ago. District officials met jointly with the district attorney, local law enforcement, the juvenile probation office and others.
A letter explaining the situation was sent to parents, asking for their cooperation.
Since then, the district has confiscated at least three more phones with similarly explicit photos, Healey said. All confiscated phones were turned over to the district attorney, who is investigating possible criminal charges.
Skumanick’s letter to parents notes the district discovered a “disturbing trend of students possessing and/or distributing nude photos of minors,” and that local police and his office are investigating.
“One young lady, when questioned about her photo being on a cell phone, called this ‘flirting,’” Skumanick wrote.
Skumanick’s letter warns of the risk the children face in possessing or distributing such photos.
According to state law, the actions are felonies relating to sexual abuse of children and to criminal use of a communication facility. Conviction on any of these offenses will result in a permanent record for the juvenile in addition to other ramifications, such as registration as a sexual offender for a period of 10 or 15 years.”
Students also face disciplinary action under district policies, Healey said. In his letter to parents, he wrote that “the material on the (confiscated) cell phone includes pictures and language that would not be appropriate for viewing during school. The pictures are of a highly sexually explicit nature, and have been of female students.”
Healey said students could face discipline for violating the cell phone policy, or under other policies depending on what they did with the cell phone photo.
“For example, if the student had that picture and tried to force another student to view it, that could be sexual harassment,” he said.
Students can also be disciplined under the district’s policy banning pornography, though Healey noted that policy was originally written with print media in mind. “We wouldn’t want kids bringing magazines or single pictures to school,” he said, “but we were strictly reactive to the situation. This was not something we had envisioned happening.”
Healey said phones were confiscated from students in the middle school and high school, and that his letter dated Oct. 31 was sent to parents of students in grades five through 12. “We will also have class meetings with each grade level,” he said, adding that those will be scheduled so that the district attorney or a representative from his office can be present.
The district is in the middle of rewriting all policies through services provided by the Pennsylvania School Boards Association, and Healey said it is likely the update will include guidelines explicitly resulting from this incident. He noted policies have to be broad enough to cover unforeseen events. “You couldn’t possibly think of every situation.”
The problem of foreseeing such problems is almost certain to get worse. A July survey conducted by Harris Interactive for the Cellular Telecommunications and Internet Association showed that about 79 percent of U.S. teens (17 million) have “mobile devices” such as cell phones and personal digital assistants. That’s a 36 percent increase from 2005.
From a representative sample of 2,089 teens across the country, 57 percent agreed that having a cell phone improves the quality of life, while 52 percent agreed that communicating with their friends has become a “new form of entertainment.” While the majority insist they use the phone for calls or texting rather than taking or sending photos, there is an obvious trend of teens getting more creative with technology.
A 2007 report from the Pew Internet and American Life Project that looked at teen use of the Internet showed a growing majority of children ages 12-17 create content online rather than simply looking at what others have posted. The percent of those doing so has climbed from 57 percent in 2004 to 64 percent in 2007.
And increasingly, that content has been school-related. While the original fear of cell phone cameras in school focused on cheating – students could furtively snap photos of quizzes or exams, it has morphed into a broader concern of photos and video shot secretly and posted on Web sites like YouTube and MySpace.
Mark Guydish, a Times Leader staff writer, may be reached at 829-7161
17 Reader Comments
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J said...
What right do these teachers have to search throught students cell phones?
November 12, 2008 at 7:23 AM
B.H. said...
After having my morning chuckle on the children will be children...it all boils down to the schools caving in on the demands of the soccer moms and what is convenient for them. I do not understand why these children need to have cell phones in school, are there not landlines in the schools?
November 12, 2008 at 7:37 AM
mom of 3 said...
THIS IS SO SAD.. WE HAVE TO, AS PARENTS, KEEP SUCH A CLOSE EYE ON OUR TEENS... BOTH OUR DAUGHTERS AND OUR SONS. PLEASE - MOMS AND DADS, LET'S BAND TOGETHER TO MAKE OUR KIDS' GENERATION ONE WE CAN BE PROUD OF, NOT EMBARASSED OF BECAUSE WE HAVE TURNED A BLIND EYE DUE TO WORK AND OUR OWN PERSONAL SITUATIONS...
November 12, 2008 at 9:41 AM
Mike said...
While I don't condone what the students did, chances are their 4th Amendment rights were violated and the school district can have a nice lawsuit to deal with. A no cellphone use policy does not simply allow administration to view and search the contents of phones at will for students found violating the policy. Ask Christopher Klump how much money he got when his rights were violated: http://www.paed.uscourts.gov/documents/opinions/06D0400P.pdf
November 12, 2008 at 11:33 AM
Wyckedkittie said...
why is the school involved in this. A mobile phone is private property. The school offical might have had probable cause to search for say evidence of cheating, but had no right to search the phone for other materials not related to the offense for which the phone was confiscated. Watch this get challenged in court and thrown out as improper search and seizure. Now before i get jumped on about advocating improper behaviors, I don't think the teens are innocent, but this is a matter for the parents to handle, not the school who has wayyyyyy overstepped their bounds.
November 12, 2008 at 11:35 AM
dj said...
This is a trend across America. Teenagers since cellphones were invented with cameras have been doing this. Do not be disturbed; it up to parents' to police what their child do. To instill values that would not want to make their children sell them selves short. But when all else fails; people including children must be responsible for their own actions. DJ
November 12, 2008 at 12:36 PM
Samantha said...
Although I agree students should not be aloud to use cell phones in school, there is no way to completely control the devises that have integrated into everyones lives. However, it should not be the schools responsibility to try and control behavior that is obviously inappropraite for that age group, it should rely more so on the parents. If your child is taking nudy pics of themselves then take the tempation away, get them a cell phone with no camera in it. Yes mom and dad, they do still exist. In the same respect if your child is abusing thier internet priveleges then take that away from them to resist the temptation. Stop pawning off your responsibilities as parents and start doing your job.!!
November 12, 2008 at 3:16 PM
Rwilliams said...
You can say all you want, but it still starts at home. That's the bottom line.
November 12, 2008 at 3:31 PM
e. said...
i think it is a shame that the teachers have to be really nosey..it is none of there business what is on the cell phones..it should be the parents checking them ..not the teacher
November 12, 2008 at 3:55 PM
Rickys mom said...
This is nuts and we need to begin to educate these youth in this country and their parents...the sex offender registry is full of children and youth who had no clue of the law like my son at age sixteen. Read his story and sign our petition www.rickyslife.com or see his interview http://www.newson6.com/global/story.asp?s=9314835 we created a free brochure to talk to your children please write me for a pdf copy rickysmom@rickyslife.com Thanks Mary www.ethicaltreatment.org www.derekoftexas.blogspot.com
November 12, 2008 at 5:21 PM
CJ said...
If the student was accused of takeing a picture of a test, that gets the teacher PC and would allow that techer to gain access to the photo part of the cell phone. If the incident involved a text and the teach was confirming it and came across a text refering to an indecent photo. That opened the door to a more further serch and conclucive search. It's all on how you document it. Now Parents turn off your reality TV and deal with the reality you have at your own house.
November 12, 2008 at 6:35 PM
Sorry, rights advocates said...
"In Loco Parentis" - If you're thinking the school violated students' rights by confiscating and looking through cell phones, backpacks, lockers, etc., look up this latin legal term. Sorry kiddies, as much as you believe your rights are the same as the average adult's, they are not.
November 12, 2008 at 7:07 PM
paul said...
Wonder what's on their phones? Give me a break already, this is a clear case of invasion of privacy..
November 13, 2008 at 7:13 AM
lisa said...
Remember when we would go to school and if you had to call your parent you had to go to the principals office? Cell phones in school are a distraction and are not needed. Parents are nuts anymore. Even kids in kindergarden have cell phones!!
November 14, 2008 at 12:42 PM
Melissa said...
The cell phones in school aren't the problem. It is why do we have childen taking the naked pictures of themselves. Parents should stop blaming cell phones and blame themself. If kids think that taking pictures like this is a way to express themself and flirt with eachother, that is the problem!!!
November 16, 2008 at 7:19 AM
ANURAG said...
Truely amazing
November 16, 2008 at 7:59 AM
Pringle Hill said...
My first question is, what right did this teacher have to search a student's personal property. That represents a violation of the 4th amendment, this case should be thrown out along with the teacher. I think the policy of allowing cell phones but requiring them to be off is a sound one. Confiscating phones and searching them is illegal though. I think the penalty for having a cell phone in the on position should be no more cell phones allowed period for that student.
November 17, 2008 at 8:23 AM
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