Stolen Phone

Who should be refunding you, would be the thief who stole your phone.
T-Mobile would be bankrupt if they allowed everyone to call and state
"Oh I didn't know my phone was stolen". You should be getting the
money from the child's parents who stole your phone.

Perhaps this response is inappropriate since it is not directly
related to the initial reason the message was written. However, in
response to the other persons' responses, I am surprised that so many
people are questioning the teacher for not having the phone locked in
a secure place. I am not remarking on whether or not she is a good
teacher, or what she wrote was appropriate or not. I am writing about
my amazement in so many people blaming the victim. Her phone was
taken by a student. That is NOT OKAY. Perhaps teachers should lock
up their personal belongings, etc.- however, the issue here is still
that the student took something that was not theirs and then even
proceeded to use it maliciously. Students should respect teachers.
This is just one way to exemplify blatant disrespect. Even if the
teacher had an envelope marked "$200 cash" on her desk, she would
still be the victim if it was stolen. I am not ignorant to the fact
that leaving things out on your desk (at school or elsewhere) perhaps
is not a good idea. But nevertheless, even if you do, no one has the
right to take it. Especially not a student because school is a place
where certain respectful behaviors are expected (as should be expected
in all of life).
I am a high school teacher who recently had my cell phone taken off my
desk one day during extra help after school. The student called his
phone in order to get my number. The next two weeks were filled with
me receiving prank phone calls and messages, on both my cell and home
phone. Eventually, we were able to find out who took the phone.
Of course I was questioned as to why I had the cell phone out on my
desk to begin with. Perhaps it was stupid.
But again, nevertheless------- I am an adult and professional. We ARE
allowed to have cell phones at school even though the students are not
allowed to use them during the school day. The teachers DO strive to
set a positive model for students--- we don't walk around using our
cell phones all the time. I don't even think I have seen or come
across one of my colleagues on their phone this year except once or
twice in the faculty room. Perhaps every once in a while a teacher
may need to use their cell phone. We are adults. The students need
to realize that the rules are different for adults (for a reason). In
my case- my mother has been sick and I had been speaking with the head
of gastro-intestinal surgery from the hospital we were trying to
transfer her to. I might add that I was on the phone during my FREE
period. I don't even remember, but I probably just threw the phone on
my desk when I got off the phone when my next class was starting.
Be careful of victim blaming. Watch your words- what you say and
don't say. We are responsible of setting examples for others.
-teacher from new york

Stacey:

How long have you been teaching? I am appaulded that first off you
have a cell phone in your presence and we are teaching our children
they can have in their possession of cell phone. You are a role model
in case you have forgotten. Hypocrite, yes that is a word now. I
used to teach preschoolers, kindergardeners, and college students. We
are to be examplar to all. We are to stand out as an educator. We are
the lasting impression of the children. You implying a statement of a
children publicly on the internet, why I am ashamed of you! What if
this child reads this. What hope does he have of trying to even
change. Teachers are to give them this hope even if they do not
receive it at home. Poor example. Maybe we need to address this issue
with your institution were you teach. I hope your peers are not
agreeing with you. I'll tell you like I tell my patients and my
students, you personal belongings are your responsibility and you can
blame someone or nothing else on what happens to your property. We
are a sounding board, but we can not condone wrongdoing. You need to
be disciplined! You need to stay in retention in my book for the rest
of the school year. Questionable staff behavior! You are problaby a
very strict teacher that can never do no wrong though, right?
T-mobile has done nothing wrong. Infact, I think they gave you more
than you deserve.

Your Personal belongings belong in your locker. You should not have
it in the class room to begin with. Unless your texting and talking
on the cell phone without permission. Now that problaby the turth,
right?
Some people just need to grow up! This Instructor/Doctor does not feel
sorry for you!

A. Ph.D.

It's good to know that if my car ever gets stolen, I can go to the
dealership and have them pay for any damages to it and any gas used.
After all, it's not my fault if someone steals my car it must be the
dealer's fault. I bet they'd replace it free of charge to avoid bad
press.

Very simple answer....that is what passcodes (which most if not all
phones have nowadays) are for. If you had simply used this option,
little Johnny Felon would have yoinked your phone, opened it up to
download $75 worth of games and downloads, seen "Please Enter Passcode
To Unlock Phone", gone "aw, crap" and you would have had a bill that
was $75 smaller.

I think the biggest question is...

Why did a teacher have a cell phone on them when most schools have
outlawed students having them?

The hypocricy is amazing.

"I would think T-Mobile would want to keep a valued customer happy as
everyone can have something like this happen to them and should not be
penalized once."

I don't know what that statement means, but you should not be
referring to your student as a future inmate on the internet. You are
a professional. Yes, I might say something like that privately off
school premises.

I do not think necessily think it is appropriate for T-Mobile to
credit your account. I don't know when you contacted them, but you
make it sound as though it was after the illegal access to your phone.
As others have pointed out, and you should realize, it would be a
learning experience for the student if his or her parents reimbursed
you.

If the parents don't step up to the plate, I think you are out of
luck. It is a learning experience for you, however. I assume you
will keep your phone out of reach of the students in the future.

Unless you purchased some sort of theft insurance on the phone that
says in writing that T-Mobile will reimburse you if your phone is lost
or stolen, you're up the creek. It doesn't matter how your phone got
stolen, T-Mobile is under no obligation to reimburse you for any
charges that occured before you reported the phone stolen.
I would suggest what others have said, that you take this up with the
student's parents and the police. If you can prove this particular
student stole the phone, you should be able to settle this in small
claims court.

A "good customer" has 20 lines and buys many accessories each month.
A plain old "customer" has one line and is required to pay their bill
on time in exchange for service.
It is also your responsibility to keep your phone from getting stolen.
If you had just gone to the bank and taken out $200 and the kid took
it from your purse, would the bank give you $200?
Why should T-Mobile be expected to credit things that they have no
control over what-so-ever?
If I was T-Mobile and knew you expected I would pay for any charges
from a stolen phone, I would only do so if you let me lock it up in a
safe all day and night so I would know it wouldn't be stolen and I
would have CONTROL over whether it got stolen.

Well, if you know who this student is, he/she should pay the bill.

Ok, as a parent, I feel I must weigh in.
First of all, it does not matter how this student got the phone. The
point is, the phone is not his and as a 5th grader (10 or 11, I'm
guessing) he should know that if it is not his, he is not allowed to
play with in unless he has permissin. Period. The fact that he had
possession of the phone and was downloading stuff to it without
Stacy's permission means one thing: He stole it. I don't care if it
was sitting out on the desk. He had no right to pick it up. End of
story.
The comment about him being a "future inmate" was probably made out of
frustration. I'm not excusing it, but I can understand why she said
it. I do think that it should have probably been made over coffee
with a friend, and not in a business letter. It is not appropriate
here.
If it was my child who stole someone's phone, then I would feel
responsible for any and all charges that he accrued on the phone. The
child, a minor, committed a crime, and his parents are respnosible for
making restitution to the victim of the crime.
I remember when I was 12 or so playing catch with my brother and
breaking the neighbor's garage door. Guess who was weeding the yard
and mowing lawns to pay for the replacement panel?
I sincerely hope that this student's parents will do him a favor and
show him that his inappropriate behavior has consequences. It very
well may save him from fulfilling Stacy's prediction.

Stacey,

I can only echo some of the same remarks already made by others.

I would highly question you calling one of your students a "future
inmate" on a public forum. It has absolutely no credit towards you or
your profession. Now, I can agree it may be true, but stating it in
the way you have really does belittle you as the letter writer,
including your request for additional credit.

I would also suggest considering how the student got a hold of your
phone. Did he just see it sitting out somewhere, left unattended, and
therefore pick it up, thinking he had just found a cool new toy. If
so, I would suggest you hold the responsibility of what took place
with the phone within the time he had it.

If he broke into your personal possessions like a desk or closet, then
you should have the right to meet with the boys parents and have them
pay the bill.

In either case, claiming T-Mobile is not a good provider because they
may not credit you for these downloads is terrible and further
belittles your quality and value as a teacher.

It always kills me how people think that just because they are a "good
customer" that they should be treated special! How does paying your
bill on time make you so vauled and deserving of special treatment?

I'm not a teacher, just a parent, and perhaps I shouldn't be
commenting here at all in light of recent events in my family's life,
but as a parent, I have no problem referring to a thief as a future
inmate, even if it was my own child.

As a once - and hopefully future - teacher, I'm horrified that you
would label your student a 'future inmate' on a public forum. I freely
admit that teachers talk about their students. I can think of several
students that, if one day I read their name in the jail log, I will
not be at all surprised. However, to say so in a public forum is
unprofessional and raises questions about your suitability to be a
teacher.

All students, no matter their background, race, religion or economic
standing, deserve to be treated as equal members of the class, not as
future felons by the one person who is supposed to believe in them no
matter what. Attitudes like yours, that some students are more or less
worthy than others, is one of the reasons why I quit teaching four
years ago. I had hoped that such mediavel ideas were isolated
incidences. Sometimes I can be surprisingly naive.

TMobile is not responsible for your carelessness. Talk to the student
in question and the parents. This could be your chance to save this
student from a future of crime. All students deserve a chance, that's
what teaching is about.

I have to tell you the whole "future inmate" thing got me all fired
up.

Sorry but I agree with the majority on this one. You are an adult.
Its your responsiblity to lock up your possessions. Period.

If you want your money, talk to the childs parents. Are they even
aware what has transpired? If not, then you really need to talk to
them. And in the best interest of the child, he should be transfered
out of your class. I would not want a teacher refering to my child in
that manner. Its unfair. Hopefully the parents will take
responsiblity for thier child and pay your phone bill. But I would
only expect 50% of the total. You were partialy responsible for the
theft. So therefore you should have to be partly responsible.

I would go after the student's parents. They should know what a
miscreant their child is. Perhaps having to shell out money to cover
their child's "entertainment" will teach them to keep a shorter lease
on their "future inmate."

But the problem isn't T-Mobile's in any way shape or form. Why should
they eat $75 in charges because of other people's errors?

Apparently you posted this twice since the response I made to the same
letter is still sitting there all alone, but I'll repost it here:

They did give you a credit. You admit that you were aware of the
policy and even though they didn't have to, they were nice enough to
credit you $15. If you know the student who took the phone, you need
to go after HIM. Hold HIM responsible for his actions. Why should
T-mobile be responsible for a kid's actions? They were being nice to
comp you the $15 and now you're giving them veiled threats to thank
them. Call the kid's parents and tell them they owe you $60. As one of
the "many people" who read on PFB, I certainly don't see T-mobile in a
bad light. In fact, I'm impressed that they offered you ANY credit. I
know my cell phone company wouldn't.

It baffles my mind that everyone is blaming the teacher for this.
Fifth grade is old enough to know stealing is wrong. Everyone is
assuming the phone was left unsecured. From the letter that is not
known, even it it was the primary one at fault is the student that
took the phone. They need to be held fully accountable for their
actions.

Hopefully, the charges were made at a reputable ringtone company that
can be contacted, and would be willing to reverse them.

Bear in mind that T-Mobile does not normally refund charges for
multiple downloads, so their customer service did come through for you
already.

I'm sorry, my son is in the 5th grade and if any one of his teachers
EVER referred to him as a "future inmate" I would FREAK OUT!!!

Now, of course, my child knows better than to steal anything, but that
is beside the point. If my son did steal it, I would reprimand him
but I would be APPAULED if his teacher called him a "future inmate".

Sorry, I don't even know the remainder of your complaint so I can't
comment on that.

I promise this is not my son's teacher.

Stacey - just one quick question for you as other posters have
addressed many of my questions. Where was your phone? If this child
went into your purse to get it, I can kinda, sorta understand the
inmate remark (even though it's not really appropriate in a business
letter).

At any rate, you received a credit from T-Mobile. I think it's time
you had a conversation with this child's parents about repayment. Or
maybe he could work off the debt - shovel snow or something.

This letter is going to draw fire, I think.

I predict a stream of comments about how this letter was written by
someone that should not be a 5th grade teacher.

As a teacher, surely you'd agree that it's inappropriate for you to
refer to any student as "future inmate," even in jest. While a
behavioral specialist (psychologist, clinical social worker) might be
able to determine that a particular student has warning signs, making
a statement like this is presumptuous.

I'm sure that some will comment how this letter is not well written,
containing errors. Let me ask you a question: if a student turned
this letter in for an assignment on writing letters (an appropriate
task for a 5th grader), what grade would you give it? How much red
ink would be splashed across it?

I'm sure that someone will point of that YOU are asking for sympathy
and understanding, but are showing intolerance towards a student in
your class.

Not me. Because I'm not going to pick on this letter.

Instead, I want to focus on the question of liability and
responsibility.

At the time the phone was stolen, did T-Mobile have any
responsibility? Did they put the phone in a place that it could be
stolen? Were they given a chance to take some action to prevent the
theft?

No. So, it's pretty clear that T-Mobile shouldn't have to "pay" for
this, should they? Had you called them and said "will you guys take
responsibility if I leave my phone in my desk?" I'm sure they would
have said "no."

So, since they were not all all responsible for any aspect of the
theft, should they be responsible for paying for the loss?

The responsibility lies, obviously, with the person that stole your
phone. While it may be controversial for a teacher to sue a student,
that may be a recourse. At the very least, if you have proof that the
student did this, the school should take action. When I was a kid, if
you stole something, you were suspended. And you were not allowed to
come back until your family made restitution. Talk to your principal
about this. If s/he refuses, then you'll need to take this up on your
own.

Outside of that, you are the second to "blame." While I'm sure you
took great care to secure your phone, you were the only one (outside
of the thief) that did (or did not) do something to stop the theft.
Did you lock up your cell phone? Leave it in an unlocked place? Did
it fall out of your pocket?

I don't mean to blame you. Just saying that you bear more
responsibility, if only because you were in possession of the phone,
than T-Mobile.

Bad press? I hate to tell you this, but your complaint is not doing
to do a dent in T-Mobile's business. They (like most other wireless
carriers) have decided on a policy where, until the phone is reported
stolen/missing, you're responsible for it. See above if you don't
know why this is.

Honestly, if you'd written this letter as a polite request, and not a
demand, I'd be behind you. It would be a nice thing for them to do.
However, because you chose to be combative, my ability to be
sympathetic dropped.

Most cell phone companies will not refund charges incurred for a
stolen phone until you report it. Why did it take you 24 hours to
notice the loss and report it?

You seem to know who the student is since your refer to them as a
future inmate. Why not pursue it with his family? T-Mobile is not
responsible.

We'll see what kind of response you get from the rest of the
community, but I hope that my child NEVER has a teacher like you. You
do not call your students "future inmate" that is just wrong. As a
guide and authority figure you should take this opportunity to council
this child, not write him/her off as a criminal. 5th grade is what
about 10 or 11 years old?

Second it was generous of T-mobile to refund anything as you say, you
recovered the phone, so regardless of whether or not you wanted those
games, you have them. You also feel like you shouldn't be held one
bit responsible for what happened to your phone? That is ridiculous.
It is your responsibility to keep your phone secure. T-mobile is
offering a service by suspending activity when you allow your 5th
grade class to steal your phone instead of letting them run the bill
up. A cell phone is not like a credit card or check where all you need
is a number that can be used anywhere. Without the physical phone
charges can't be incurred. You weren't robbed at gunpoint, you
weren't mugged, you were simply irresponsible with your belongings so
you should be responsible for the bill.

You said it was stolen by 5th grader. Do you know who? If so go
after them and their family.