Teacher suspended for facebook slam against student

[MysticCat]

Originally Posted by 33girl

I was going to say, if the teacher is Muslim, then yes, I would consider this a hate crime.

What would be the criminal act?

[UGAalum94]

Originally Posted by MysticCat

What would be the criminal act?

I think her point was that it the gift of the Bible may have been intended as religious harassment, not that giving someone a religious text ought to be considered harassment on its own or that it's in any way a crime.

[AOII Angel]

Originally Posted by UGAalum94

I think her point was that it the gift of the Bible may have been intended as religious harassment, not that giving someone a religious text ought to be considered harassment on its own or that it's in any way a crime.

I agree. I think calling it a hate crime was over stating it quite a bit, but certainly doesn't rise to the level of cause to suspend her.

[RU OX Alum]

Originally Posted by MysticCat

What would be the criminal act?

threat of violence, depending on the context, issue over believes, etc. Although it is quite clearly harassment, and that's a crime (usually), and crimes are usually based on hate.

[christiangirl]

A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. ~http://definitions.uslegal.com/h/harassment/

This may be a stupid question, but is harassment defined as such if it's a one-time incident? According to the site above, the answer seems to be "no," but I'm not law-savvy.

[RU OX Alum]

Originally Posted by christiangirl

A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. ~http://definitions.uslegal.com/h/harassment/

This may be a stupid question, but is harassment defined as such if it's a one-time incident? According to the site above, the answer seems to be "no," but I'm not law-savvy.

That kind of sounds like it would vary by state, but I am not an attorney.

[MysticCat]

Originally Posted by RU OX Alum

threat of violence, depending on the context, issue over believes, etc.

But where is the threat of violence? There isn't one.

Although it is quite clearly harassment, and that's a crime (usually), and crimes are usually based on hate.

Originally Posted by RU OX Alum

That kind of sounds like it would vary by state, but I am not an attorney.

You may not be an attorney, but you are right that it would vary by state. In North Carolina, where this incident took place, a "hate crime" requires an assualt or damage to or defacement of property (or an actual threat of assault or damage to or defacement of property). And even if there were such a thing as simple "criminal harrassment" in North Carolina (there's really not -- there are crimes for harassing behavior in specific circumstances, like sexual harassment or stalking), I can't imagine that what happened here -- a one-time event, apparently -- could possibly support criminal charges.

I think lots of people are confusing ideas like hate crimes and criminal harassment with concepts like civil actions for hostile work environment or the like.

[RU OX Alum]

Originally Posted by MysticCat

But where is the threat of violence? There isn't one.


You may not be an attorney, but you are right that it would vary by state. In North Carolina, where this incident took place, a "hate crime" requires an assualt or damage to or defacement of property (or an actual threat of assault or damage to or defacement of property). And even if there were such a thing as simple "criminal harrassment" in North Carolina (there's really not -- there are crimes for harassing behavior in specific circumstances, like sexual harassment or stalking), I can't imagine that what happened here -- a one-time event, apparently -- could possibly support criminal charges.

I think lots of people are confusing ideas like hate crimes and criminal harassment with concepts like civil actions for hostile work environment or the like.

Oh yeah, no. I never said I thought it was harassment, but I def. can see where a case could be made for it, if the prosecution was bored that day or whatever.

[MysticCat]

Originally Posted by RU OX Alum

Oh yeah, no. I never said I thought it was harassment . . . .

Then I guess I misunderstood what you meant when you said:

Originally Posted by RU OX Alum

Although it is quite clearly harassment, and that's a crime (usually), and crimes are usually based on hate.

. . . but I def. can see where a case could be made for it, if the prosecution was bored that day or whatever.

And my point was that a case for harassment can't be made, even if the proscutor is bored, at least not where the incident took place.