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Use of the privilege is not based on the type of proceeding (ie, it applies to more than just criminal cases), but upon the nature of the statement or admission and the exposure that would invite. Precedent has shown self-incrimination is enforceable in non-disciplinary public school "proceedings".

If the students were "coerced" or "compelled" to take a survey that may self-incriminate them, then it could probably be shown the privilege did apply.




> If the students were "coerced" or "compelled" to take a survey that may self-incriminate them, then it could probably be shown the privilege did apply.

This is actually a gray area. My understanding is that this isn't true until the school administrators call the police in. Before that, they are not agents of the police and they don't have to mirandize you. It's also cloudy because the administrators are seen as in loco parentis (in place of the parents). Here is the wikipedia article that details the changing case law around what public school administrators can do w/r/t the bill of rights. http://en.wikipedia.org/wiki/In_loco_parentis#Primary_and_se...


There was a case a couple of years ago out of SCOTUS applying the 5th to questioning in the presence of a police officer on school grounds. I'm not aware of anything applying without the potential for disciplinary action.




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