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Rescinded Degree Civil/Criminal Charges

Discussion in 'Education Law, School System' started by OhMuhGourd, May 7, 2020.

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  1. OhMuhGourd

    OhMuhGourd Law Topic Starter New Member

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    Jurisdiction:
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    If I was unfairly terminated by an on campus job through my university, graduated & received my degree, and decided to send a profanity laden email to the person who fired me, their higher up (who happens to be the Vice President for Student Life), and the person whose complaint resulted in me getting fired, could my degree be rescinded?

    Some background: I like to make name puns out of people's names and pictures to go with them, and send it to them. For example, if somebody named John Smith had a picture of their face somewhere online, I could shop it onto a picture of the sun rising such that their face was in the center of the sun and send it to them along with the message "Dawn Smith".

    I had done this with my co-workers and with the boss who fired me to good times and laughter all around. All such communications were safe-for-work. There was this one woman who came into the gym (the work place was an on-campus gym) often, almost always wearing significantly shorter shorts (practically panties) than other women, sometimes super skin-tight yoga pants. I build good rapport with this woman, and we exchanged smiles with dilated pupils several times, even if we never engaged in small talk.

    We also go to the same small campus size college, as is the rule to even use the on-campus gym except in very rare cases, and have several mutual friends on Facebook, on which she has a public profile (you can toggle settings to make your profile private or certain facets of it private). I include those two pieces of information to show that even though I had access to her name as part of my job (student ID cards required to access the gym), both the fact that we go to the same small-campus college (people talk) and the fact that we have many mutual friends on Facebook (Facebook has 'people you may know' and 'find friends' features that favor people you have many mutual friends with) mean that she has no reasonable expectation of privacy regarding her name (and because her profile was public with public pictures, her face).

    The university's email system (Microsoft Outlook) is such that you don't need to know somebody's exact email address to email them, because there is a suggestion drop-down list. This could be ambiguous if you knew the name, but not the email, of the most common named person on campus (perhaps even a John Smith). In the case of this woman, her name is so unique that it was literally the only suggestion on the drop down list.

    One day, I send her an email with some safe-for-work name puns and pictures as I had with my co-workers and boss. This woman has the audacity to forward the email to my boss saying that she 'felt violated'; 'not safe going back to the gym without a friend in tow'; and that it was 'unacceptable' for me to do what I did. To my surprise, my boss fires me over it after asking me irrelevant questions like whether I had engaged in small talk with this woman, and insulting me by suggesting I offer up the names of any other non-co-workers I had sent such emails to so that she (my boss) could get offended on their behalf and apologize on my behalf (I'm not sorry and don't care about hyper-sensitive feelings of people I share my wholesome, quality humor with).

    This woman also informs, but does not claim violations of the student conduct code (probably because there aren't any), to my boss' boss, the vice president of student life. He demands a sit down and begs the question of why I think my behavior is acceptable, giving crappy reasons to why she (the woman) might think my behavior is unacceptable "People don't like their faces on things.", "We can't help how people feel", cry me a river.

    If I were to cuss all three of them out in a mass email from a non-school email after I get my degree (I was the longest working student employee at the time of my termination. I was the most active during my shifts. I am entitled to good recommendations and good attitudes from my boss and my boss' boss for those and other reasons, and not the cold shoulder and nastiness I have received.), could my degree be rescinded? Could I be sued for intentional infliction of emotional distress? Could I face criminal charges?

    I ask if I could face criminal charges because, back in high school, I had a different complaint for a different reason filed against me and did two days in ISS, and the school counsellor handling it (who to the best of my knowledge had no law degree), told me that if I tried to talk to the person filing the complaint about it, I would be arrested and charged with witness intimidation. Could've been pulling my leg, but I'm also no lawyer.
     
  2. cbg

    cbg Super Moderator

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    I doubt if your degree can be rescinded. However, you are an HR nightmare. Your boss did a very smart thing in firing you, and if he tells prospective employer exactly why you were fired he will not have violated a single law. I'll leave the question of what, if anything, you could be charged with to someone else while I try to pick up my jaw from just thinking about the liability you are to any employer. You could be the best worker that ever walked the earth and firing you would still be the smartest thing your boss ever did. "Unfairly" terminated - my Aunt Fanny.
     
  3. OhMuhGourd

    OhMuhGourd Law Topic Starter New Member

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    If you had actually read my post in totality, you'd know my boss is a 'she'. You can't comprehend a clear-cut pronoun, but you can somehow take in all aspects of a narrative and say my boss did a smart thing. What ethics did I violate by making grade-school level humor with somebody I knew who happened to be a patron?

    Why is it fair to fire somebody for violating a person's 'refined' sensibilities that are only 'refined' in the sense that they are whinier about them? Especially if that person demonstrates a clear deficit of even unrefined sensibilities.

    If a germaphobe who was known to have germophobic tendencies had a germophobic melt-down, a reasonable person would dismiss it as being irrational, though it is 'refined' beyond what a normal person and medical studies deem to be hygienic.

    If a person who publicly smears feces on themselves has a germophobic melt-down about some unrelated mundane contact with germs, now a reasonable person would dismiss it as being irrational with prejudice because the person having a germophobic melt-down has a primitive consideration compared to what a normal person and medical studies would consider to be hygienic.

    Like-wise, a normal person wouldn't consider my humor to be offensive, violating, or creating an unsafe environment, and somebody who treats environments as more safe and non-violating than a normal person even more so. What are feelings of violation and not being safe except feelings of nakedness in front of others? Why is the person who is more naked that most people expressing a greater disdain for the having the feeling of nakedness in front of others?
     
    Last edited: May 7, 2020
  4. cbg

    cbg Super Moderator

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    I used the pronoun collectively. And I read every word of your post. I stand by my answer.
     
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  5. OhMuhGourd

    OhMuhGourd Law Topic Starter New Member

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    The first response is some knee-jerk progressive who also happens to be a super moderator. Extremely vague and dismissive. Not a big surprise. Perhaps some one better able to cite case law or law in general will come along.
     
  6. justblue

    justblue Well-Known Member

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    You need to seek mental health care. You have no clue about appropriate social boundaries and as a result will find yourself facing a Judge, either in civil court or criminal court, if your seriously bizarre behavior continues.
     
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  7. justblue

    justblue Well-Known Member

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  8. OhMuhGourd

    OhMuhGourd Law Topic Starter New Member

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    "In Kansas law, stalking is defined as intentionally or recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear. While some conduct involving annoying or menacing behavior might fall short of illegal stalking, such behavior may be a prelude to stalking and should be treated seriously. " - From the link you posted. At least you posted a link.

    A reasonable person wouldn't find name puns and pictures to be a violation of their safety, especially if they were safe-for-work, especially if they were sent by somebody they knew. If you're referring to the action that got me fired.

    If you were referring to the hypothetical profanity laden email, which I haven't even sent, then being talked to in impolite terms for impolite behavior, like turning your back on the most senior, most productive, most shifts-covered employee at an institution your lax and floppy handed management does not otherwise effectively govern, is also not a violation of safety.

    Here I am explaining my past actions and trying to make wise (or at least legal, as the law isn't immune from retardation) decisions for my future actions, using good grammar, and you're calling me mentally ill.

    You haven't provided a compelling argument for cyberstalking, or how mental illness is related to what society deems appropriate behavior. Your username is justblue, so it might be presumptive of me based on that and your post to say you identify as a progressive, which ironically means you try to shift what society deems to be appropriate in your political actions.
     
    Last edited: May 7, 2020
  9. mightymoose

    mightymoose Moderator

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    If you were an at will employee then it really doesn't matter what you think is fair. Nothing you wrote suggests that you have been mistreated in any way. You had an unfortunate outcome to your actions. If your reaction to your employer was anything like your demeanor here then it is understandable why they let you go.
    Move on. Lesson learned. Do better next time.
     
    Last edited: May 7, 2020
  10. army judge

    army judge Super Moderator

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    In the United States of America, almost anything can happen on any given day.

    You even prove my point, mate.

    IF you choose to send profanity laden emails to university officials you just might reap the bitter fruit of your voluntary actions.

    Any of the outcomes you POSIT could occur.
     
  11. OhMuhGourd

    OhMuhGourd Law Topic Starter New Member

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    "Lesson learned." What lesson? That somebody who has a deficit of normal sensibilities can have a melt-down about their 'refined' sensibilities being violated, and that even a normal person should be made to feel bad about violating 'refined' sensibilities that are, in reality, asking for unreasonable and special treatment while being not only not a special person, but a less than normal person.

    "Do better next time." By whose definition of 'better'? Yours? Some law you think I violated but can't articulate beyond 'you can't just do that' without explaining any substantial harm from me 'just doing that'? Is that it?
     
  12. adjusterjack

    adjusterjack Super Moderator

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    OhMuhGourd, you are arguing for the sake of arguing and are casting aspersions on other posters who disagree with you. That is the definition of troll.

    This thread is closed to further discussion.
     
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