Teachers and the use of Social Media
By: Jim Walsh
When kids are using the Internet to communicate, it might be new technology, but it falls under the old 1st Amendment Right. Students do not shed their constitutional right when they pass the threshold of the school, unless it causes a material and substantial disruption in the education.
What's new? What's old?
New technology, but old legal principles
Know your policies
Know the limits o your authority
Think before you act.
There is a lack of Civil Discourse, because our school leaders can't set standards of civil respect to others.
Think first to address through education, before punitive measures.
Several cases were shared:
· The Drunken Pirate – On Facebook a student teacher labels herself as a Drunken Pirate and makes a despairing remark with no names. Snyder v Millersville University- University kicked her out of school for comments about supervising teachers.
· Bikini Mate - Teacher has second job serving sandwiches for fisherman scantily clad. The school found out and fired her. Tiffany didn’t file a law suit, but could not find a job teaching. She is now a porn star.
· Mr. Spiderman - Teacher uses MySpacepage to communicate with his students, but also had naked photos of men. Did not get renewal of contract for next year and was upheld in court.
· Teacher made contact with one of her friends who was a former colleague at the same school. The teacher violated FERPA laws by typing a student's name on her Facebook Page.
· Bachelorette – ACLU represented a teacher suspended for a picture with a male stripper. District settled for $10,000 plus back pay.
A teacher who uses Social Networking to establish or maintain inappropriate relationships with students should be disciplined. Violation of FERPA are very clear not matter the medium. A Teacher made contact with one of her friends, who was a former colleague at the same school. She commented on her page that the student was giving her a hard time in class. The teacher violated FERPA laws by typing a student's name on her Facebook Page.
Missouri passed the law that teachers couldn't have any Internet communication with students. The teachers union filed suit and the Supreme Court put an injunction on it.
When the teacher speaks "as a citizen" on matters of "public concern" the teacher is protected by the First Amendment. Courts will weigh the employee's interest in free expression vs. the school district's interests as an employer.
If a Teacher maintains a blog about a controversial issue outside of the school, it is considered as a teacher speaking "as a citizen" on "matters of public concern that fall under Freedom of Speech.
If teacher expression is protected by 1st Amendment, school must show that its interest in maintaining an effective workplace outweighs teacher's interests. When a school gave a teacher involuntary transfer of educator to less desirable position was OK even though motivated by content of personal blog. The blog included “several highly personal and vituperative comments about her employers, union representatives and fellow teachers." Administrator provided evidence of damaging effects of blog posts.
Is it risky for administrators to "Google" job applicants or search for them on social networks sites.
Privacy claims may be weak, if information is publicly available, but the administrator may acquire information not relevant to the hiring decision. For example, if an administrator sees on the applicants public profile that they are having a baby and it is due in 8months. You wouldn’t know that during that interview and it not relevant to the hiring decision, but it might be reason not to hire the person.
Factors to Consider
Teacher's contract status
Nature of action you intend to take
Media response
Effect, or not, on daily classroom performance by the teacher
What to Hang Your Hat On
Failure to comply with Board Policies or administrative regulations
Failure to meet the District’s standards of professional conduct.
Failure to Comply with Directives
Was the directive lawful?
Was the directive communicated?
Did the teacher violate the directive?
Failure to Meet District Standards
Have you communicated your standards?
Thoughts to Consider
Do you want to limit e-communication with kids to professional staff?
Do you want to make some special rules for texting?
When is it OK for a teacher to 'friend' a student?
Do you want to permit "professional" pages?
Takeaways
Know your Policy
Think before you write that reprimand, directtive or other permanent piece of writing, including the e-mail.
Talk to your teachers about common sense in the use of social media.
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