Student Suspended for Creating—but Not Sharing—Nudified Deepfakes of Classmates
From Appeal of P.M. & E.M., decided Tuesday by the N.Y. Commissioner of Education (Betty Rosa):
Petitioners challenge a determination of the Board of Education of the Mount Pleasant Central School District (“respondent”) imposing discipline on their child (the “student”)….
The student attended ninth grade in respondent’s high school at the time of the events giving rise to this appeal. On February 14, 2024, the district received reports that certain “male students had used an artificial intelligence application to create nude images of [several] female classmates and … shared them with other students.” Respondent’s investigation implicated the student….
The student admitted that he created three images but stated that he did not show, or share them with, anyone else. The student also admitted that he told several classmates about a website where such images could be created. The student additionally indicated that he had deleted the three images.
In a notice of charges dated February 16, 2023, respondent informed the student that it would convene a long-term suspension hearing on February 29, 2024. Respondent alleged that the student violated the district’s code of conduct by: (1) “contributing to the disruption of the educational environment at the high school”; and (2) “creating and/or distributing artificially generated pornographic images, which convincingly resembled multiple female students, resulting in harassment, bullying, and the creation of a hostile environment for said female students.”
At the hearing, the district withdrew the portion of charge two alleging that the student “distribut[ed]” the images in question. Thereafter, the student pled “no contest” to the charges, admitting that he had created three images that he later deleted.
The superintendent eventually suspended the student until the start of the 2024-25 school year, but the Commissioner reversed:
Students may only be disciplined for conduct that occurred outside of school if such conduct endangered the health or safety of pupils within the educa
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