The administrator had walked into the class and talked about something he was planning to do next week in front of the class. He says that if a student has their hood on during class or in the halls they will start confiscating it for five days. So if they were to confiscate it on Monday, the student won't get it back until Friday. Do I have a say in keeping my hoodie or can they really do this?
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4Are you prohibited from wearing the hoodie at all, or just from having the hood over your head?– BarmarCommented Oct 25 at 20:26
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6In what jurisdiction are you going to school?– Jack AidleyCommented Oct 26 at 10:19
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1It is not just schools: there are examples of shopping malls which ban hoodies with the hood up, including hoodies sold there. They would not confiscate your hoodie, but would instead remove you from the area they control.– HenryCommented Oct 26 at 12:51
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law.stackexchange.com/questions/43875/…– RichardCommented Oct 26 at 17:00
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1Is this a government school or a private school?– Basil BourqueCommented Oct 27 at 0:32
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1 Answer
Schools often have quite a bit of latitude, because they're acting in loco parentis while you're in class. I also expect they've notified the parents of all students of this policy, and it has been approved by the school board (it may even have been instituted by the school board, not the administrator on their own).
You've been given adequate warning about the policy, so you have a say. If you don't want them taking your hoodie, don't put the hood over your head while in class. If you're cold and need an extra layer you can wear it with the hood down.
I don't think this would generally be considered theft. In most jurisdictions, theft requires permanently depriving someone of their property. Taking it for just 5 days is not permanent.
Hoodie bans are not uncommon in schools. You can find justifications at Why Hoodies Aren't Allowed in School? It's likely that the ban was discussed at a school board meeting, which is when community members have the opportunity to make their opinions known. If you wanted to provide input, that's when you could have "had your say".
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3They don't have a say in the policy, but they have a say in whether their hoodie is taken, since they can choose not to violate the policy.– BarmarCommented Oct 26 at 17:25
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1@quarague I added some material about having a say during the political process that instituted the ban.– BarmarCommented Oct 26 at 17:28
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3You are twisting the words here. The school has a policy and the student just has to obey the policy, regardless of whether they think it is a reasonable policy or not. If you follow the rules and therefore not get punished that does not mean you have a say about the rules.– quaragueCommented Oct 26 at 19:09
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2@HolyBlackCat Not if it was towed because you were parked in a no-parking zone.– BarmarCommented Oct 27 at 12:29
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2@bdsl In general, if you're informed, "if you do X, we'll do Y", and you do X, you're effectively consenting to Y happening. If you park in a private lot, with a sign saying "violators will be towed", you can't complain that they took your car without your consent.– BarmarCommented Oct 27 at 13:56