Confiscation of personal belongings in schools

Shannonwalshy

I need some advice. Recently my efag has been confisated aswell as disposed by the Principle of my school. The efag was of value (100 euro) and I was wondering if the school has any legal right to do this?

I am of 18 years of age.

Is there any policy regarding this issue? Is the efag considered contraband and therefore can be disposed? Is this considered destruction of another ones property?

CIARAN_BOYLE

was the student that you gave the eciaratte too over the age of 18?

If not I would imagine you should be more concerned by criminal charges than the value of your eciaratte.

Hitman3000

Shannonwalshy wrote:

Is there any policy regarding this issue? Is the efag considered contraband and therefore can be disposed? Is this considered destruction of another ones property?

What's your school's policy on ecigerettes. Also the student you gave it to, how old was he?

Shannonwalshy

CIARAN_BOYLE wrote: »

was the student that you gave the eciaratte too over the age of 18?

If not I would imagine you should be more concerned by criminal charges than the value of your eciaratte.

He already received his sanction by the school which was an evening detention so that has been dealt with so that is no longer the core problem.

I am asking whether or not the school has legal rights to dispose this item?

heebusjeebus

They disposed of the device because it was in the possession of a student.
Why would they give it back to the adult who might just give it back to the student again?

utyh2ikcq9z76b

Seriously? Take some personal responsibility!

Shannonwalshy

Hitman3000 wrote: »

What's your school's policy on ecigerettes. Also the student you gave it to, how old was he?

They are forbidden, just like cigarettes and alcohol.

wexie

Shannonwalshy wrote: »

No parents were contacted other than the boy caught smoking this device in the bathroom has received an evening detention as a result.

You should consider yourself lucky so, boy didn't rat you out to the school, parents didn't find out you're giving their kids ecigarettes.

I'd leave it at that if I were you, start rocking the boat and there'll be all kinds of awkward questions.

Hitman3000

Shannonwalshy wrote:

They are forbidden, just like cigarettes and alcohol.

So they are forbidden, school acted appropriately. What were you doing giving an ecig to a minor?

Shannonwalshy

Hitman3000 wrote: »

So they are forbidden, school acted appropriately. What were you doing giving an ecig to a minor?

Is it not still considered destruction of property though?

Stephen15

CIARAN_BOYLE wrote: »

was the student that you gave the eciaratte too over the age of 18?

If not I would imagine you should be more concerned by criminal charges than the value of your eciaratte.

Aren't age restrictions on E-Cigs a bit of a legal grey area.

Hitman3000

Shannonwalshy wrote:

Is it not still considered destruction of property though?

So your response to any question posed to you will be a question in reply.
If you gave a minor an ecig you broke the law. I doubt you are in an position to try and take a grievance. I suggest you behave like an adult and move on.

GM228

CIARAN_BOYLE wrote: »

was the student that you gave the eciaratte too over the age of 18?

If not I would imagine you should be more concerned by criminal charges than the value of your eciaratte.

What criminal charges? eCigs are not subject to the usual tobacco laws.

Shannonwalshy

Hitman3000 wrote: »

So your response to any question posed to you will be a question in reply.
If you gave a minor an ecig you broke the law. I doubt you are in an position to try and take a grievance. I suggest you behave like an adult and move on.

in fact, the student is of age.

wexie

Stephen15 wrote: »

Aren't age restrictions on E-Cigs a bit of a legal grey area.

hmmm....no

Go buy anything with nicotine in it and you'll need to be over 18.

Of course it's technically possible to use them with a 0mg juice so I guess in theory you could make that argument.

Good luck with that though. (in the current situation that is)

Hitman3000

Stephen15 wrote:

Aren't age restrictions on E-Cigs a bit of a legal grey area.

There is no grey area if the product contains nicotine.

wexie

Shannonwalshy wrote: »

in fact, the student is of age.

Look you could of course take it up with the principal but I'd imagine it wouldn't do you any favours if you are still in the school.

What is the outcome you're looking for here? Are you expecting the principal to buy you a new e cigarette?

Hitman3000

Shannonwalshy wrote:

in fact, the student is of age.

He still should not have had the device in school premises, again the school acted appropriately. You can ask your friend to pay for a new device since his actions caused the loss to you.

Shannonwalshy

wexie wrote: »

Look you could of course take it up with the principal but I'd imagine it wouldn't do you any favours if you are still in the school.

What is the outcome you're looking for here? Are you expecting the principal to buy you a new e cigarette?

God no. All I am asking if they have a legal right to dispose this item. Not expecting a good outcome either. It was all in my hands and I accept that. Just asking for some advice on this matter.

Shannonwalshy

Hitman3000 wrote: »

He still should not have had the device in school premises, again the school acted appropriately. You can ask your friend to pay for a new device since his actions caused the loss to you.

Alright, thanks for that.

sheesh

the school is "in loci parentis" and as such can do quiet a lot. They confiscated a banned item from a student the same way a parent would. If they didn't know it was yours well that is your problem, Legally the kid owes you one new e-ciggarette not the school.

GM228

Stephen15 wrote: »

Aren't age restrictions on E-Cigs a bit of a legal grey area.

No grey area, they ARE outside the scope of traditional tobacco laws (bar the provisions of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 which does not deal with age etc unless for sale by a retailer).

The Public Health (Regulation of Electronic Cigarettes and Protection of Children) Bill 2015 was to deal with the issue but it lapsed with the dissolution of the Dáil.

RustyNut

Shannonwalshy wrote: »

Just asking for some advice on this matter.

I'd suggest that just like your ecig, you should just suck it up and move on.

wexie

Shannonwalshy wrote: »

God no. All I am asking if they have a legal right to dispose this item. Not expecting a good outcome either. It was all in my hands and I accept that. Just asking for some advice on this matter.

I'm not sure about a legal right, it's probably not so straightforward, maybe one of the legal minds can clarify how it works regarding contraband.

However.....let's say someone comes on and tells you the principal definitely didn't have to right to throw it out.

What do you do then? Let's face it you're unlikely to find a solicitor to come to your aid.

Would you really want to go toe to toe with the principal over this? As it stands it's sounds like he's unaware that it was yours in the first place. If you confront him about it it's extremely likely your parents will get involved to start with and it's not really going to put you in a good light with the principal.

I get it, it sucks, but I don't think that trying to do anything other than just chalking it up as a lesson learned is going to make things better rather than worse.

But, that's just my 2 bits

TheValeyard

Probably part of the school policies signed by parents. Along with behaviour policies, jewelry, moibles, etc all covered.

Out of luck OP.

evolving_doors

Shannonwalshy wrote: »

I need some advice. Recently my efag has been confisated aswell as disposed by the Principle of my school. The efag was of value (100 euro) and I was wondering if the school has any legal right to do this?

I am of 18 years of age.

Is there any policy regarding this issue? Is the efag considered contraband and therefore can be disposed? Is this considered destruction of another ones property?

If you want to go with.... "I'm 18 years of age" option in school it can play out like this:

Principal says 'fine', then refuses to deal with your parents in the event of any issues you have or trouble you cause.

I'd suggest you learn off the school policies before doing battle. Some education law too... or maybe just study your subjects, keep the head down and leaving cert your way out.

Shannonwalshy

wexie wrote: »

I'm not sure about a legal right, it's probably not so straightforward, maybe one of the legal minds can clarify how it works regarding contraband.

However.....let's say someone comes on and tells you the principal definitely didn't have to right to throw it out.

What do you do then? Let's face it you're unlikely to find a solicitor to come to your aid.

Would you really want to go toe to toe with the principal over this? As it stands it's sounds like he's unaware that it was yours in the first place. If you confront him about it it's extremely likely your parents will get involved to start with and it's not really going to put you in a good light with the principal.

I get it, it sucks, but I don't think that trying to do anything other than just chalking it up as a lesson learned is going to make things better rather than worse.

But, that's just my 2 bits

Okay, thank you. I did go to the principle today and that's how I found out it was disposed. Look it I've learned my lesson and i appreicate you taking your time to reply.

CIARAN_BOYLE

I woukd imagine that all students in the school and perhaps their parents signed a document agreeing to school rules including the confiscation and disposal of certain substances.

The only person you would have any come back with would be your friend who got it confiscated.

Shannonwalshy

evolving_doors wrote: »

If you want to go with.... "I'm 18 years of age" option in school it can play out like this:

Principal says 'fine', then refuses to deal with your parents in the event of any issues you have or trouble you cause.

I'd suggest you learn off the school policies before doing battle. Some education law too... or maybe just study your subjects, keep the head down and leaving cert your way out.

Infact, I have read the school policies regarding this issue and i couldn't find anything on this particular matter. This has no way affected my learning and I will continue keeping my head down, as I have always done.

ardinn

I for one wouldnt let this go to be honest.

What should have happened is they returned it to you at the end of the day and told you not to bring it in ever again - Simple, To throw away someones personal belongings, especially something worth €100 to a student, is something I would be demanding be replaced.

Would they do this with a phone? (serious question) or a tablet (device)??

I do not believe regardless of what policy the school has or what your parents signed (your 18, to agree you would have had to sign it)

The question is what do you do now. It's not worth going to a solicitor, it may be worth asking your parents to intervene if they know your on a vape.

Regardless, they took (stole even) your property and disposed of it without your knowledge or consent. It's basically theft in my eyes regardless of the "suck it up) brigades opinion on the matter!!

Stephen15

On a separate why would anyone pay €100 for an e-cig