I'm sorry you misunderstood the example. Many schools have codes of conduct that students are expected to adhere to on and off campus during and after school hours. Blatantly breaking those codes usually ends the student in trouble within the school system. Private schools tend to have more rigourous codes and enforcement than non-private. The private schools often end up in sqaubbles similar to this with parents over school codes. This isn't the first time.http://www.freemuse.org/sw4299.asphttp://chronicle.com/wiredcampus/article/?id=3661http://www.highbeam.com/doc/1P2-18439829.html
Take a look at this code of conduct example:
The Code is in force while the student is traveling to and from school, including, but not necessarily
limited to, schoolsponsored
events, field trips, athletic functions, and other activities where
appropriate administrators have jurisdiction over students. Additionally, the Principal is authorized
to take administrative action when a student's misconduct away from school is having, or could
have, a detrimental effect on the other students or on the orderly educational process. Students
At such times as the student commits an act off school grounds which if committed on school grounds would be in violation of the Code of Student Conduct, the act has a nexus to the school, and, the act disrupts or is likely to disrupt the school environment;
In the case of the Findley student we see a potential for disruption of the strict school environment which is against dancing, rock music and hand holding. By openly defying this code of conduct he encourages dissent and open flaunting of school rules by other students. As such it is similar to an act of civil obedience.
Complicating things is this idea
II. Contract Rights/Law of Associations
In the right situation, the legal remedy most likely to protect the student journalist in a private school is a claim based on a breach of the guidelines or rules established by the private school itself.
Those catalogs, student handbooks and recruiting brochures distributed by schools usually contain pages of policies, regulations and rules. Many courts have ruled that distribution of these documents and the offer of admission to the school, both of which include explicit and implicit promises, and an acceptance and payment of tuition by a student creates a contractual relationship. Other courts have found that the law of associations, rather than strict contract law, is more appropriate to the student/private school relationship. The law of associations has been applied to private schools, churches, civic groups and other private organizations to address situations where contract rights, property rights and other personal rights merge. While the legal theories vary slightly, the general notion is the same: where a private school voluntarily establishes a set of guidelines or rules, it must adhere to them. Otherwise, there exists a breach of a legally enforceable promise for which a student may obtain legal relief.
For example, a private university is not legally required to establish a procedure that provides a student the opportunity to respond when the school wants to take action against him or her, such as a hearing to answer a charge that could result in a student’s expulsion. With no government rules to guide it, a private school can generally expel a student for no reason. However, if that school has a written policy outlining the procedures to be followed in a student disciplinary action, those procedures must be followed. If not, there is a breach of contract or associational promise and the student may seek damages or reinstatement. This “due process” does not need to meet the standards of the federal Constitution, but it does need to meet standards specified in the student handbook, catalog or other policy statement.