MI- Nude photo leads to suspensions

10-22-2008 Michigan:

Pinckney students disciplined for passing on cell phone image of girl, 14, to as many as 200 others.

PINCKNEY -- As many as two dozen students from Pinckney Community High School could be suspended by the end of the week for their role in transmitting a cell phone photograph of a nude female classmate that may have reached nearly 200 others, school officials said Tuesday.

Ten students were suspended Monday, including the 14-year-old girl who snapped the photo of herself during the summer, according to Superintendent Dan Danosky. The girl sent the explicit image as a joke to a few friends, who in turn spread the image -- a photograph police are calling pornography.

School officials declined to discuss the girl's suspension individually. Other suspensions will range from one-day in-school suspensions to several-day out-of-school suspensions.

Some students could also face charges by the Livingston County Prosecutor's Office once the Sheriff's Department wraps up its investigation.

Possessing or distributing child sexually abusive material is a four-year felony under Michigan law and a 10-year sex offender registry offense for juveniles, unless a judge grants otherwise. Prosecutor David Morse has said he would not request sex offender registry, if charges are filed, since the students were not acting in a predatory manner.

Principal James Darga said the responsible students will be disciplined for violating such school policies as using a cell phone on school grounds, unacceptable use of technology, act of indecency and disturbing the educational process.

"We have not suspended anyone who just received the photo. That was beyond their control," Darga said.

School officials are evaluating each student's actions based on whether the explicit photograph was transmitted during school hours, the number of people it was sent to and malicious intent.

"We're sorting out each student's involvement and trying to be as fair and consistent as we can," he said.

District officials have been investigating the incident since Oct. 7, when Darga discovered an anonymous envelope on his desk with the explicit photo inside.

The school has since confiscated about six cell phones. Some have been returned to the students or parents and others turned over to the Sheriff's Department, Darga said.

A handful of parents have clamed the cell phones are private property and the school district and police overstepped their authority. Others have supported school officials for taking a tough stance.

One father said he was "in shock." His daughter's phone was confiscated and returned after it was determined the image had not been forwarded.

The girl who took the nude photo of herself is an acquaintance of his daughter's, one of several who recently went to see the popular boy band the Jonas Brothers. He called the girl a high achiever who he never would have suspected of doing such a thing.

The issue has resulted in more family discussions on Internet and cell phone safety, with parents trying to make sense of what happened rather than forming opinions on school or police actions, he said.

Darga said the high school will address the cell phone issue formally with a student assembly at a yet-to-be-determined date.

The Sheriff's Department confiscated about a dozen cell phones and will not return any until the photo is erased by a forensic expert. The cost to do so may exceed the value of the phone, Sheriff Bob Bezotte said.

Prosecutor David Morse said that in a similar case of a preteen boy sending an image of his genitals to a girl's cell phone, juvenile charges resulted in probation, with emphasis on educating the boy on the dangers of sending such messages. ..News Source.. by Valerie Olander / The Detroit News