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Author Topic: Emails and After School Program  (Read 1172 times)

Windd

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Emails and After School Program
« on: Feb 08, 2006, 09:47:38 AM »
I have two questions:


1)   How effective are emails as proof of delivery if the person it is sent to deletes it as  
 soon as they see who it is from? Is confirmation of delivery effective proof?



Child in after-school program at local “Y”.  NCP comes in and prohibits the child from participating with peers and under direction of staff under pretense of “helping with homework”. The child is still signed in while the NCP does this. There were “isolation issues” prior to this by the NCP. The NCP does not do this on their days.
My understanding is that any parent can visit from the point of view of observing.
 
2) How can NCP be prevented from prohibiting the child from interacting with peers, participating in activities, with staff and being social, other than just pulling child from the program?
   


socrateaser

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RE: Emails and After School Program
« Reply #1 on: Feb 08, 2006, 11:40:34 AM »
>I have two questions:
>
>
>1)   How effective are emails as proof of delivery if the person
>it is sent to deletes it as  
> soon as they see who it is from? Is confirmation of delivery
>effective proof?

You need to state the facts of the incident. I don't know what you mean by "comfirmation of delivery."

:)

>Child in after-school program at local “Y”.  NCP comes in and
>prohibits the child from participating with peers and under
>direction of staff under pretense of “helping with homework”.
>The child is still signed in while the NCP does this. There
>were “isolation issues” prior to this by the NCP. The NCP does
>not do this on their days.
>My understanding is that any parent can visit from the point
>of view of observing.
>
>2) How can NCP be prevented from prohibiting the child from
>interacting with peers, participating in activities, with
>staff and being social, other than just pulling child from the
>program?

Restraining order, if you caon prove that the NCP's actions are interfering with the CP's right to manage the child's daily activities.

Windd

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RE: Emails and After School Program
« Reply #2 on: Feb 08, 2006, 12:20:51 PM »
Facts are that emails are sent along with attachment regarding shared expenses.

No response is received from NCP regarding their portion of fees. Me thinks they will use the "I never got any information" excuse as they are deleting the emails. I want to be able to show dates,times, and email address sent to.

socrateaser

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RE: Emails and After School Program
« Reply #3 on: Feb 08, 2006, 12:37:20 PM »
>Facts are that emails are sent along with attachment
>regarding shared expenses.
>
>No response is received from NCP regarding their portion of
>fees. Me thinks they will use the "I never got any
>information" excuse as they are deleting the emails. I want to
>be able to show dates,times, and email address sent to.
>

If you use a commercial email system, like yahoo.com, or some other system, where you can keep a copy of your sent emails on the yahoo mail server, then that would authenticate that you sent the email and what was attached, because you can retrieve it at the court's convenience, and it will state exactly when it was sent and to whom, and most importantly, you cannot modify a sent email after it's put into your sent folder. All you can do is delete or view.

If you use a system where your sent emails are only stored on your personal computer, then that's no good, because the email cannot be demonstrated as authentic. You could have modified it after sending, or never sent it at all.

A program like Microsoft Outlook(r) permits you to drag an email that you created into your sent folder, so you can make up whatever you want and claim to have emailed it.

Now, as a practical matter, many judges will not recogize the differences and the security hole unless your opponent objects for lack of foundation and then explains to the court why the email is not sufficiently competent. So, in reality, whether your email is admissible as evidence comes down to how well your opponent understands the technology.

But, if it's a lawyer who you're up against, more than likely that person will know how to keep your evidence out, so you need to be prepared to make certain that you can overcome the objection.

Thus, all emails should be sent from Yahoo.com or some other system where you cannot massage an email after sending.

 

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