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PDF Editor FAQ

Are there any legal issues for a student at a US university at age 16 or younger?

I can think of a couple of obvious ones right off the bat.Since you are asking about whether they see your grades, let’s tackle that first.Generally grades are mailed, and if you have a parent home who gets the mail, they can just open it. You’re still a minor.However, FERPA (Family Educational Rights and Privacy Act), 20 u.s.c. §1232g, 34 CFR Part 99, prohibits releasing college records unless authorized by the student.Other than that:People under age 18 cannot legally enter into contracts, so your parents are going to have to sign on all the legal forms for tuition, financial aid, enrollment, etc., etc.Your classmates are usually going to be 2–6 years older than you; if you end up in a situation where you end up having sex, since you’re not legally an adult, the person you have sex with is guilty of statutory rape, and can go to prison on the order of 20 years, and will have to register as a sex offender for the rest of their lifeYou may not be permitted to live in the dorms, and some colleges and universities require freshmen to live in the dorms, minimally for their first year; you won’t be able to go there without some form of waiverIf you are not an emancipated minor (which is usually the equivalent of a pretty acrimonious “divorce from your parents”), then you will need a parent or guardian to live with until you are 18You may not be able to participate in some activities which are considered “dangerous”, in the same way you may not be permitted to work at those activities prior to age 18, without special dispensation; for example, the lab work for an organic chemistry class will likely violate OSHA standards for a 16 year oldSchool sponsored sports are pretty much outSchool sponsored field trips, such as to archeological digs as part of a class on archeology, or trips to off-campus sites, such as museums might require permissions slips, since whoever you’re going with will have to act in loco parentisAvailability of drugs and alcohol means you will likely be exposed to them before you are legally permitted to be exposed; for example, most junior and senior year college students working on a bachelor’s degree are 21 and 22; you’ll be 19 and 20The last two years of college, you’re not going to be able to go to any of the clubs and bars your friends go to, even if it’s just to attend a study group because it’s a convenient pizza place with cheap food during happy hour, and no one will be drinkingThere may be legal issues for the college or university itself, due to you being a minor; for example, you can’t legally make your own medical decisions, so if you are injured on campus, you can’t consent to even something as simple as getting stitches; your parent or guardian has to consent insteadSome colleges and universities have minimum age requirements; you won’t be able to go to those; on the other hand, most community colleges allow younger students, as long as they have a high school diploma, GED, or equivalentEntrance testing may be a problem; sitting the ACT or SAT test may require a parent or guardian be present to sign you inThere are often specific reporting requirements for college employees regarding child abuse for minors who are students — in California, for example, it’s California Penal Code §§11165 and 11166There are likely courses or programs which would require parental consent; human sexuality would be one of them, gender studies might be another, comparative religion anotherI’m sure there are other issues. Those ones seem relatively major.See also the Quora answer: How could one go to college at 15?, which covers many of the topics that also apply to anyone under 18.

How far do contracts go? If I sign a contract allowing me to be severally hurt by someone, could they still be in legal trouble?

I’m pretty sure you’ve signed a contract—quite a few in fact—allowing you to be “hurt” by someone. That’s what a medical release form—an authorization to treat—is.For example, the American College of Emergency Physicians prior to treatment of a child requires a parent or guardian to sign a form including:In presenting my son/daughter for diagnosis and treatmentName: _________________________________________for _______________________________________ __Mother __Father __Legal Guardian __Son __Daughter of __________ years of age, hereby voluntarily consent to the rendering of such care, including diagnostic procedures, surgical and medical treatment and blood transfusions, by authorized members of the hospital staff or their designees, as may in their professional judgment be necessary.That consent includes surgery which—if not legal and not authorized—could constitute assault and battery.More broadly—Disclaimer: I’m not a lawyer—a binding contract must have multiple elements:An offerAn acceptanceCompetent parties who have the legal capacity to contractLawful subject matterMutuality of obligationConsideration.In the scenario you describe, you (and the other people) would need to be legally competent. For instance, you couldn’t be so drunk or high that you were no longer competent. There also has to be some sort of “mutuality of obligation” and “consideration.” What are your attackers going to get? Are you going to pay them? Are you going to provide them some other compensation? That has to be part of the contract.And it has to be lawful. It can’t be prohibited by law.That leads to a final point: If you’re an MMA fighter (as is my son), or probably if you’re engaged in other physical combat, you’ll have to sign a waiver that states the severe danger of competition, including “severe injury or death.” The key here is that this occurs only in jurisdictions where MMA is legal. (New York, for example, until recently did not permit MMA competitions. So, a while back, a waiver that could be legally signed in Virginia could not be signed and enforced in New York. It didn’t meet New York’s “lawful subject matter” test.Bottom line: Contracts can go pretty far. Certainly far enough to include the possibility of severe injury or death.

Could a priest be charged with obstruction of justice if he refuses to break his code of silence in a murder investigation?

Maybe. What country are you in?In the USA. Yes.There are exceptions to the clergy-penitent privilege. Priests are rarely charged with obstruction. They are often cited for contempt when refusing to testify.Priest Charged with Obstruction in Indecent Liberties CaseBy Clarke Morrison for Citizen TimesJune 9, 2009 — ASHEVILLE — A local Catholic priest charged with obstructing justice by deleting hundreds of pornographic images involving children from the computer of his music minister made his first court appearance this morning.The Rev. John Schneider, pastor of St. Eugene Catholic Church, told Buncombe County District Court Judge Calvin Hill that he understood his rights under the law.Asheville Police on Monday charged Schneider, 56, with felony obstruction of justice. A warrant states the suspect entered the apartment of the church's former music minister, Paul Lawrence Berrell, on May 18 and deleted hundreds of pornographic images of children during a criminal investigation of Berrell.That's the same day police charged Berrell, 29, with taking indecent liberties with a minor. Berrell also was charged May 23 with nine counts of second-degree sexual exploitation of a minor after police searched his North Ridge Drive home. He remains jailed under a $1.5 million bond.Schneider was released after posting a $10,000 bond.Priest Charged with Obstruction in Indecent Liberties Case, by Clarke Morrison, Citizen Times, June 9, 2009Clergy-Penitent PrivilegeThe clergy-penitent privilege is the legal mechanism that prevents clergy or counselors from being required to disclose confidential communications in a court proceeding. This privilege belongs to the person who disclosed the information and is designed for his protection, rather than for the protection of the clergy.One important exception to the privilege rule deals with the issue of suits affecting the parent-child relationship. In mental health counseling, it may be possible to uncover information that concerns a child and that is the subject of a pending lawsuit. This exception makes it critical for a church that provides counseling services to distinguish what type of services it is providing and to understand the difference it makes to the congregation.If the counseling is pastoral or spiritual counseling only, in many states the only exceptionfor divulging information is for reporting child abuse. If the counseling is mental health counseling, lawyers can argue that the exceptions of the mental health privilege would apply, and the court could compel the counselor to divulge the information in a suit involving a parent-child relationship. Failure to differentiate between these could give rise to liability on the part of the church and the counselor, for example, based on the lack of informed consent, if pastor/counselor inaccurately led the person he was counseling to believe that nothing he tells the pastor/counselor can ever be revealed.Another situation in which the privilege would not apply is when the individual or someone authorized to act on his behalf signs a written waiver of the right to the privilege or confidentiality. This eliminates the privilege and the information is subject to disclosure. If a parishioner waives this privilege, the pastor has no legal grounds for withholding the information and must disclose it upon proper request.A recent Washington state case regarding confessions made by a church member to a pastor dealt with the issue of waivers. The congregant made certain confessions to his pastor regarding a murder in which he had been involved. The pastor discussed it with two colleagues. At the church member’s trial, the court attempted to compel the pastor to testify regarding the confessions. When the pastor refused, stating they were confidential, the judge held him in contempt of court. The prosecutor argued the communications were no longer privileged because the pastor had waived the privilege by talking to others about the conversations. The court ruled that, while the pastor broke the rules regarding the confidentiality of the statements, the congregant’s rights regarding the privileged nature of the communications were still intact. Essentially, the court stated that only the communicant may waive his privilege. The acts of another unauthorized person may not act to waive the confidential nature of these special conversations.Note that any waiver of the privilege that a pastor or counselor uses must be clear and specific, so the person understands that anything told to the pastor/counselor will not be kept confidential if requested by a third party. This does not change the confidential nature of the communication or records, but does prevent the counselor and the counselee from claiming these communications are “privileged.”In summary, while each state’s privilege rules differ, every state has some form of privilege for communications made to a member of the clergy in the context of a confessional or penitential communication.Child Abuse ReportingAll 50 states have enacted child-abuse laws that define responsibilities in protecting vulnerable children from abuse and neglect. Most state statutes define child abuse to include physical and emotional abuse, neglect, and sexual molestation. Some states now include parental substance abuse and abandonment within their definitions of child abuse. States ordinarily define a child as any person under age 18. Typically, individuals who may be reported for abuse or neglect include individuals who have some legal responsibility for the child, such as a parent, legal guardian, foster parent, or relative.Every state has a statute that identifies persons who are under a legal duty to report abuse under specific circumstances. Whether members of the clergy are required to report suspected child abuse varies from state to state. Some states’ statutes include a list ofmandatory reporters and define a mandatory reporter by occupation — doctor, nursery school workers, or nurses; or, the statute simply defines a mandatory reporter as “any person having a reasonable belief that child abuse has occurred.” If a pastor falls within the category of a mandatory reporter, the pastor must report actual or suspected instances of child abuse to the proper authorities. In contrast, other states’ statutes may provide that a pastor falls within the category of a permissive reporter, which means that the pastor may report cases of abuse, but he is not legally required to do so.Pastors who are mandatory reporters of child abuse under state law, face an ethical dilemma when they learn information about child abuse during a confidential counseling session. How should the pastor proceed? Should the pastor maintain the confidentiality of the privileged communication or should the pastor adhere to his legal responsibility to report the abuse to the proper designated authorities? The short answer is that the response will depend on the laws of the state where the pastor lives. Some states have attempted to resolve the conflict of mandatory reporting versus the clergy-penitent privilege by exempting clergy from the duty to report child abuse if the abuse was disclosed during counseling sessions. Other states have determined that any information protected by the clergy-penitent privilege is not admissible in a court proceeding.Even though the reporting laws frequently recognize the clergy-penitent privilege, courts typically interpret this narrowly in the child abuse or neglect context. As a general rule, clergy should not assume they have no duty to report. Even if the clergy-penitent privilege is in effect in your particular state, it does not automatically excuse a failure to report. For instance, if the clergy learns of suspected abuse outside of the context of counseling or he does not obtain the information in confidence, then the clergy-penitent privilege could be held not to apply and the pastor could be liable for failure to report the suspected or actual abuse.While persons who are legally required to report child abuse are subject to criminal prosecution for failure to do so, instances of actual criminal prosecution are rare. Some clergy, however, have been prosecuted for failing to file a report when they were in a mandatory reporting classification and they had reasonable cause to believe abuse had occurred. Criminal penalties for failing to file a report vary, but they typically involve short prison sentences and small fines.Members of the clergy must know and understand their responsibility regarding the reporting requirements for child abuse. To find the specific reporting requirements for a particular state, visit: www.childwelfare.gov/systemwide/laws_policies/state/index.cfm. To report a claim of abuse or neglect, you can call the National Child Abuse Hotline at 800-4-A-CHILD orcontact individual state hotlines, where available. To obtain the hotline number for a particular state, visit: http://capsli.org/hotlines.php.Read more at: Pastoral Confidentiality: An Ethical and Legal Responsibility

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