Aaron* was in the 8th grade at Weedsport Middle School in New York. He designed an AOL Instant Message icon on his parent’s home computer. It depicted a hand-drawn pistol shooting at a person’s head. Underneath was the statement “Kill Mr. VanderMolen,” Aaron’s English teacher. Aaron was suspended for five days which was approved by the court. The school’s discipline was determined appropriate since the IM icon caused some disruption at school and presented a foreseeable risk of harm.
*Wisniewski v. Weedsport Central School District, 2007 WL 1932264 (2007).