Social Networking IssuesStudents & Staff

Presented by Andy FugittThe Center for Education Law,

Inc.August 26, 2011

What is social networking and how big a deal is it? On-line service or platform focused on building

relationships or networks A person wishing to communicate with friends

and family or meet new people can register with a site and create a “profile.”

Facebook – over 750 million active worldwide users [up from 500 million 6 months ago]; about 250 million in the U.S. [about 80% of U.S. population]

250 million total users via mobile device [who are 2x as active]

Continued -

Twitter – Over 200 million users LinkedIn – Over 100 millions users MySpace – about 70 million active users Blogging

Blogging

Short for “web log” An on-line diary which usually accompanies

article or picture Or create your own: www.blogspot.com Blog entries may include text, photos, links to

on-line information, video and audio “Virtually” anywhere that information is

provided or shared on-line may serve as a platform for bloggers

Rules for blogging?

Social Networking Issues – Teachers

Even where staff not acting inappropriately – misuse of time?

Typical situation: inappropriate behavior and comments - drinking and sarcastic comments about work

Worst case scenario: sites have been used to invade student boundaries and groom students

Less scandalous but still a problem: revealing confidential student or employee information

At the far extreme – Virginia butt-print artist

What should we be concerned about?

Major concerns: Public/parents/co-workers/students viewing

inappropriate pictures and comments [and is there any connection between the pictures or comments and the school or classroom?]

Teachers’ interactions with students might not be appropriate- Social networking sites often involve casual discussions about personal matters which are sometimes very frank

Continued -

- Peer-like interactions with students can be a boundary invasion which may be harmless or may be part of a grooming strategy

Stories:

Teacher suspended for Facebook picture with stripper –

Teacher suspended/reassigned for Facebook comments about students – Raleigh, N.C.

Teacher terminated for calling students “germbags” on Facebook and for referring to parents as arrogant and snobby – Mass.

Teacher suspended for blog postings critical of students – Pa.

NLRB case

So What Can We Do About Teachers?

Where do we draw the line in terms of on-line conduct which warrants discipline?

Assuming there is no violation of law, what is the impact at school?

•Does the conduct make it difficult/impossible for the teacher to do his or her job?

Probationary teacher – cause Career teacher – moral turpitude?

•Admonish to use other statutory grounds

Teachers And The First Amendment

Teachers have a constitutional right to speak as a citizen on matters of public concern

Can the teacher’s expressions be “fairly considered as relating to a matter of political, social, or other concern to the community”

If the speech is on a matter of public concern, the teacher’s interest as a citizen in commenting on the matter must be weighed against the interest of the school district in promoting the efficiency of its operations

Continued -

Employee’s personal dissatisfaction with job probably not a matter of public concern; allegations that public funds being misspent may be

Public employees aren’t protected by the First Amendment when they make statements pursuant to their official job duties even on subjects of public concern

Students and Social Networking –What Should We Be Concerned About?

“Cyberbullying” and harassment of fellow students or school staff

Access to predators Unsafe disclosure of personal information Addiction to on-line activity Risky sexual behavior Dangerous on-line communities Other conduct which may be disruptive to school

activity Posting of inappropriate or incriminating

information

Stories

Student disciplined for creating a parody MySpace profile page of her middle school principal, off-campus on a home computer that contained vulgar, lewd and false statements about the principal – J.S. v. Blue Mountain S.D/Layshock v. Hermitage S.D. – Pennsylvania- 3rd Circuit

High school student sends an instant message on his home computer to a classmate on her home computer saying that he was going to get a gun and kill certain students. Threat reported. Student suspended for rest of year; claims First Amendment rights violated. D.J.M. v. Hannibal PS; Missouri – 8th Cir.

Continued -

High school student [K.K.] creates internet chat group [S.A.S.H] using home computer, invites other school friends. Becomes apparent purpose of group is to target one individual student, S.N. Another student makes derogatory comments about S.N., including that she has herpes. K.K does not make posts, but makes comments approving of derogatory posts. Short term suspension; Kowalski v. Berkley CS; 4th Cir. W. Va.

Student’s First Amendment Rights

Schools have greater control over “school-sponsored” speech [i.e., student publications] than off-campus speech

Lewd or offensive speech occurring off-campus may be protected by First Amendment; such speech occurring on-campus is not

Students may be disciplined for off-campus speech which actually disrupts school activities or which gives school officials well founded belief that such disruption will occur

Cyberbullying

Oklahoma law prohibits harassment intimidation and bullying of a student by way of electronic communication –including by means of a computer

Harassment, Intimidation, and Bullying Schools must adopt a policy that prohibits any

gesture, written or verbal expression, electronic communication, or physical act that a reasonable person should know will harm another student, damage another student’s property, place another student in reasonable fear of harm to the student’s person or damage to the student’s property, or insult or demean any student or group of students in such a way as to disrupt or interfere with the school’s educational mission or the education of any student.

Relation to school In order to fall under the school’s policy, the

communication need not originate at school or with school equipment if the communication is specifically directed at students or at school personnel and concerns harassment, intimidation, or bullying at school.

The statute also states that “nothing in this act shall be construed to impose a specific liability on any school district.”

Finally, schools must establish a procedure for the investigation of bullying.

What you can do Discuss professionalism with school

employees, and the reasons for maintaining boundaries with students.

Ensure that at least one person on the administrative team is proficient with common online social networking sites.

Screen prospective employees by running a quick check on the major online social networking sites.

Make sure students are aware of the consequences of engaging in cyberbullying.

What’s On The Horizon

District Policies/regulations which restrict staff ability to communicate with students via public social networking sites – Virginia

OK Senate Bill 152

Thank you for listening!

Any Questions?