DD facing suspension. Please Help.

Sadly that's probably true. I dunno, if I was that parent in that situation, would threatening to sue the school if they gave a negative reference when THEY were the ones at fault, not the pupil, change anything?

edam school management can get away with this sort of behaviour because they know parents are concerned about references. It isn't that parents don't know this sort of behaviour is a disgrace but that there is really very little power to do anything about it after the event, you can only remove your child. The governors might act to change the policy in future but they aren't going to sack the head for being stupid once.

OP you may want to let it go for now but once your child is safely out of the place do make sure that governors and other prospective parents are aware of this stupidity.

Thanks for confirming that, admission.

I suspect this is a private school?

edam,
It is quite simple, no letter, no exclusion or to be technical about it, it is termed an illegal exclusion.

You may well want to let it go because you don't want to cause a fuss, or have had enough, or for a number of other reasons, but I think they have got away with murder. Appalling way to treat dd, threatening her with prison, FFS. IT-illiteracy on their part, panicking and blaming a child for their anti-virus software detecting a virus, FFS - which is exactly what it is supposed to do! You can't suspend a pupil for two days without a formal letter - I suspect that may be illegal. School management sometimes try to get away with stuff that really is out of order because they don't think anyone will know different.

If I knew enough about computers to develop or find a virus that would cause this sort of panic then I'm sure I'd also know enough to plan that it would be triggered at a later time, after I'd logged off. The school allow students to "book out" laptops, that's a recipe for mischief. I would suggest the school were at fault in not providing a laptop screened for malware.

The fact that the OP's daughter had been misbehaving would justify a ban on computer use for several weeks or detention or both but it doesn't justify exclusion from school. This is a panicked over-reaction. If written notice wasn't given it it also potentially illegal.

Best way to ensure there is no further consequences to the op's child is to politely make it clear that you would make sure there would be consequences for the school.

So does the AUP provide that they are not allowed to access non-educational websites. If it does, does it state that the punishment should be suspension?

The virus claim is most likely a load of bollocks, the fact is that if they are remotely competent in IT, it shouldn't have been able to affect them at all.

I would have thought that while accessing non-educational websites is quite possibly unacceptable (although in many schools it would be fine e.g., at lunch time/free period) it's a minor offence, akin to not handing in homework or talking in lessons, and the punishment for that would not be suspension, but perhaps detention, or whatever.

In that case it sounds like the suspension was a "gut reaction" from the school, meant to frighten them all.

If there are no further consequences, I think you are probably better to let it go, as long as your dd isn't really upset at this stage.

Because she did do something wrong, so it's hard to argue she didn't.

Cross-posted.

Still think there are questions to be answered by the governors regarding appropriate and consistent school policy. Plus the heavy handed threats - is that normal procedure?

So I presume by that "explanation" that all pupils who access non-educational websites will also be excluded for two days

Doesn't explain or excuse the threats about criminal charges or the "need" of the external IT support for someone to be punished.

If the e policy of the school says that laptops booked out can only be used to access websites that are educational then the pupil has broken the policy. The key issue is whether the school's behaviour policy or e policy says what the punishment will be for accessing inappropriate sites.
If there is no indication, then the exclusion regulations allow a wide latitude of potential punishments. Whilst many may consider the punishment draconian in relation to the crime, I think that the head teacher is perfectly within their rights to make such a fixed term exclusion. There is absolutely nothing in the exclusion regulations that says the exclusion is not appropriate.

Oh, well, good and bad I suppose.

Bad in that they don't seem to realise or care that your dd was upset. I knew they would say that about pastoral care, they always do . Good that they know she didn't do anything on purpose.

I suppose if the punishment for "accessing banned websites" is suspension, their punishment is correct. However, I think you should ask to to see their policy on that. I would also ask for written confirmation that they believe it was an accident, and that the suspension was for inadvertently allowing a virus entry. Just so you have written evidence if this comes back to bite you.

I would also ask for written confirmation that this suspension will not go on her permanent record and will not feature in any university applications or school references. Which shouldn't be a problem for them, if they are sure it was all an accident.

So the two day suspension was for accessing non educational sites ?

Is this sanction mentioned in school policies ? Been implemented before ?
Seems draconian .

Sounds a good plan alreadytaken - I too would suggest recording the conversation .
It's today isn't it that the OP has a meeting .

Hope she's ok and that she's not found out another side of the story revealing stuff about her DD that she wasn't previously aware of .

certainly shouldn't go in guns blazing. However when they have explained why they wish to suspend your daughter you calmly question why they re punishing her so severely for an accident that wasn't her fault and ask why other people committing the same offence - accessing a site without permission - are not being punished equally harshly. Then point out that they slandered your daughter by questioning her as if she had committed a crime and are now either proposing to unlawfully deprive her of education or have already done so. I would record the conversation.

Good luck with the meeting today

Have you had any luck getting in touch with the school yet?

I'd be asking these questions:

1. What virus is it?
2. How was this virus supposed to have been introduced to the PC?
3. What evidence is there that it was not introduced until 11:53?

OP I know our advice ( MP, legal etc ) may sound like overkill but you really need to be far more prepared than you can imagine .
The school have strength in numbers and will have a culture of expecting people to do what they say /obey them without giving explanations .
And they have already shown their colours in the way they have handled this incident .

I am not suggesting that you go in guns blazing ,just the opposite - be calm ,collected ,have questions you want answers to and a clear idea of what you want out of the meeting ( if it's simply for your daughters school record to be unblemished and for her to go on school trip you may have different approach in mind ).
But don't go alone to meeting ,if you can't take a semi or full professional take a friend . And get minutes taken - if school won't , get your friend to make notes and don't let her/him be intimidated or afraid of asking for clarification or for speakers to slow down/repeat themselves .

Please let us know how things are - don't worry if you chose to ignore our advice ,we're still on your side !

I am shocked by the schools behaviour, don't take this lying down!

Personally, I'd object most to the mention of a prison sentence. If your dd was actually suspected of having committed a serious crime then the parents and perhaps the police should have been called in at once.

If not, they should not have said such an intimidating thing to her.

make a fuss. Contact you MP- I know it sounds radical but they are there as public servants and also contact the director of education for your council, copying in you MP on it