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by jstalin 4769 days ago
Fellow lawyer here. I'm not a criminal attorney, but I agree that the superintendent's word shouldn't be taken as the last word.

Although he might be strictly correct as it pertains to police not being able to prosecute based on the surveys alone, they certainly could subpoena the survey results if a student were to get in trouble in the future. A student's statement could be used against him for another related or even unrelated crime.

Imagine being on the stand and the prosecutor pulls out this sheet and says, "you just said you've never used any drugs before, but this survey you filled out says that you did. Are you lying now or were you lying then?"

It seems it would be admissible as non-hearsay because it's a statement of a party opponent under FRE 801.