vermont2013-social media (5) · applicants’ passwords could be violating the law 3.26.12 new md....
TRANSCRIPT
9/16/13
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Emerging Issues: Applicants Students Employees
The Institution John Myers Montgomery McCracken 123 S. Broad St. Phila., Pa. 19109 [email protected] 215.772.7535
9/16/13
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We are ALL using it:
100% of Colleges and Universities
34% of Faculty for teaching
88 % use online video in class*
*College Faculty Survey Finds Their Use of Social Media Has Evolved [10.22.12] http://www.facultyfocus.com/articles/edtech-news-and-trends/college-faculty-survey-finds-their-use-of-social-media-has-evolved/
Sample OpinionTweet
Smith v. Jones: Omg. Fab claim. Gr8 brief. IMHO, JSYK, D full of it.
Wtf, 0 damages? RU nuts? ROLF.
Applicants
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3
Colleges looking at applicants'
social media in admissions process
Social Media: Considerations and Implications in College Admission
Don't Let Social Networking and Your
Online Image Sabotage Your Chances
Can Facebook Posts Lead to College Rejections?
More college officials learn about applicants from Facebook
The Truth About Social Media
and Admissions
10 Ways to Manage Your Social Media Footprint
[Kaplan]
Academia and Facebook are finally
getting along, and applicants are
taking notice
Kaplan Test Prep’s 2012 Survey of College Admissions Officers,
use of social media: For recruiting
Twitter 76% YouTube 73% Facebook 87%
For evaluation
google 27% FB or other 26%
FOUND NEGATIVES 35%
Schools with policies:
Can’t go: 69% Can, but restrictions: 17% Can, no restrictions: 15%
Have you ever Googled an applicant?
Yes:27% H)p://collegeapps.About.Com/gi/o.Htm?Zi=1/xj&zB=1&sdn=collegeapps&cdn=educaBon&tm=39&f=11&su=p284.13.342.Ip_&)=2&bt=8&bts=8&zu=h)p%3a//www.Kaptest.Com/assets/pdfs/highlights-‐from-‐kaplan-‐test-‐preps-‐2012-‐college-‐admissions-‐officers-‐survey.Pdf
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Does your school have official guidelines or policies?
Yes: 5% No: 80%
Not sure: 5%
35% who went to Facebook found something
negative [up from 12% in 2011]
h)p://collegeapps.about.com/gi/o.htm?zi=1/XJ&zTi=1&sdn=collegeapps&cdn=educaBon&tm=39&f=11&su=p284.13.342.ip_&)=2&bt=8&bts=8&zu=h)p%3A//www.kaptest.com/assets/pdfs/Highlights-‐from-‐Kaplan-‐Test-‐Preps-‐2012-‐College-‐Admissions-‐Officers-‐Survey.pdf
Password Protection!
Ark, NM, Utah, Del, Ca, Ill, Md, Mi, NJ
Delaware Higher Education Privacy Act
PROHIBITS:
.requiring student or applicant to disclose passwords
.requiring a witnessed log-in .using a proxy “friend”
[health and safety exception]
h#p://legis.delaware.gov/LIS/LIS146.nsf/vwLegisla;on/HB+309?Opendocument
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Social Media Privacy …Although the law prohibits the University from asking students, prospective students, or student groups to disclose a user name or password … …the University may lawfully require disclosure, …to investigate [whether student is] utilizing social media in ways that are unlawful, violate the Code of Conduct, or pose a threat to the safety of the campus community. h)p://law.pepperdine.edu/academics/student-‐handbook/law/judicial-‐procedures-‐student-‐code-‐of-‐conduct.htm
Students
While the technology is new, the issue
of inappropriate, problematic and
hurtful speech on campuses is not.
h)p://www.studentaffairs.uconn.ed
u/docs/risk_mgt/nacua5.pdf
Social networks pose monitoring challenge for
NCAA schools
Canada charges
two in teen
cyber-bullying s
uicide case
h)p://worldnew
s.nbcnews.com/_news/
2013/08/08/199
34251-‐canada-‐c
harges-‐
two-‐in-‐teen-‐cyb
er-‐bullying-‐suicid
e-‐case?lite
Vanderbilt University expects students to refrain from conduct that threatens ... or through intimidation, unreasonably impairs the security or privacy of another … by any means, including through the use of electronic communications, social media, computers, or data networks. h)p://www.vanderbilt.edu/student_handbook/student-‐conduct
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The General Standards for the Acceptable Use of Computer Resources require: • Responsible behavior …; • Behavior consistent with our mission … • Respect for …open expression; • Compliance with …University policies; • Truthfulness and honesty in ID… • Respect for the rights …of others, …. h)ps://provost.upenn.edu/policies/pennbook/2013/02/15/policy-‐on-‐acceptable-‐use-‐of-‐electronic-‐resources
Employees [and applicants]
Careless Pos*ng Has Consequences
“Stop the madness,” “Another gem”
New Jersey Federal Court Rules
Facebook Posts Could Be Used
as Evidence Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws
ACLU says new Fairfield social media policy
violates free speech rights
Assistant US attorney’s derogatory
Facebook comments about ‘Dalibama’
and Trayvon Martin are probed
8.15.13
School Social Media Policies:
Should Teachers And
Students Be Facebook
Friends?
Miscellanea U: Post-‐Disciplinary Networks in
Social Media
Keepin
g the “F
ree” in
Teache
r Speec
h
Rights
: Prote
cBng Te
achers
and th
eir Use
of Socia
l Medi
a to Co
mmuni
cate w
ith
Studen
ts Beyo
nd the
School
house G
ates
Social Networking and Faculty Discipline
:
A Pennsylvania Case Points Toward
ConfrontaBonal Times
‘‘Don’t affect the share price’’: social media policy in higher educa;on as reputa;on
management
9/16/13
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UK’s High Court for the First Time
OKs Service Via Facebook
2/22/12 Man’s Facebook Rant Violated Protective Order; Judge Says He Can Post
Apology or Go to Jail 2/24/12
Fla. Felon Gets 6 Years for Posting YouTube AK-47 Video
3.27.12
Motorcyclist Who Popped Wheelies
at Police and Posted YouTube Video
Faces Felony
3.27.12
Facebook, US Senators Say Employers Who Seek Job
Applicants’ Passwords Could Be Violating the Law
3.26.12
New Md. Law May Be First in Country Banning Employers From Seeking Workers’ Social Media Passwords
Apr 10, 2012
34% of Hiring officers reported finding negatives
leading to rejection
49% photos
45% drinking/drugs
35% poor communications
33% dissed former
28% bias
22% lies h)p://www.careerbuilder.com/JobPoster/Resources/page.aspx?pagever=2012SocialMedia&template=none&sc_cmp2=JP_Infographic_2012SocialMedia
28% of Hiring officers reported postives leading to
offer
58% personality
55% professional image
54% good background
51% well rounded
47% communication skill
44% creative
9/16/13
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Admissions Officer Loses Job After Mocking Applicants on Facebook
…“long and deep” connections to the University, [including that he was] circumcised at …Hillel.
“Stop the madness,”
“Another gem” - applicant had described overcoming his fear of using the bathroom outdoors while camping
“... I have learned to NOT love Section 504 .. Plans (sic).
“Buck up kids - life doesn't come
with an accommodation plan!"
…the little criminals…
…let’s just have one less boss…
Had a good day today, didn't want to kill even one student
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The Institution
IBM - Don't pick fights.Try to add value. Speak in the first person. BBC - Tone of voice. INTEL - Always pause and think before posting. Perception is reality. KODAK - Be careful when sharing information about yourself or others. SAP - Separate opinions from facts. Aim for quality, not quantity. http://econsultancy.com/us/blog/5049-16-social-media-guidelines-used-by-real-companies
Follow the Social Media CerBficaBon Program.
Follow our Code of Business Conduct and all other policies.
Be mindful that you are represenBng the insBtuBon.
Fully disclose your affiliaBon
Keep records.
When in doubt, do not post.
Give credit where credit is due -‐ don’t violate others’ rights.
Be responsible. Your local posts can have global significance.
Know that the Internet is permanent.
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Follow the Social Media CerBficaBon Program.
Follow our Code of Business Conduct and all other policies.
Be mindful that you are represenBng the insBtuBon.
Fully disclose your affiliaBon
Keep records.
When in doubt, do not post.
Give credit where credit is due -‐ don’t violate others’ rights.
Be responsible. Your local posts can have global significance.
Know that the Internet is permanent.
Social Media and Hiring Be cautious and use your best judgment about whether to use information found on social media sites in hiring. Be aware that information found online about an individual may often be inaccurate, unreliable, or out-of-date…. -‐ See more at: h)p://www.upenn.edu/almanac/volumes/v59/n12/media.html#sthash.GqJwo3bf.dpuf
The Possibility of Formal Discovery
The current lack of discipline with respect to communications over social media sites is certain to thrill those who will seek [it], while terrifying those [objecting].
h)p://www.mondaq.com/unitedstates/x/239940/disclosure+electronic+discovery+privilege/The+RamificaBons+of+Pa+Courts+Broad+Social+Media+Discovery+Orders
9/16/13
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24 sites
Harvard’s Search of Staff E-Mail Sparks
Questions A
bout Policies Nationwide
Report Reveals Harvard Administrators Acted in ‘Good Faith’ on Secret Email Searches
Harvard Snooping on Employee Emails Without Asking Is No Shock
Harvard Search of E-Mail
Stuns Its Faculty Members
Harvard University administrators secretly searched deans’ email accounts, hunting for media leak
Harvard has finally
retained some adult
legal supervision to
sort out its cheating-
and-e-mail-snooping fiasco.
Employees must have no expectation or right of privacy in anything they create, store, send, or receive on [U’s]…systems. … …ultimately [U] has ownership over, and the right to obtain access to, the systems and contents. … files …may be accessed at any time …by authorized personnel for any business purpose. [user’s permission] is not required.
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… in extraordinary circumstances such as legal proceedings and internal Harvard investigations, faculty records may be accessed and copied by the administration [with] approval of the Dean of the FAS and the OGC. The faculty member is entitled to prior written notice that his or her records will be reviewed, unless circumstances make prior notification impossible, in which case the faculty member will be notified at the earliest possible opportunity. h)p://harry-‐lewis.blogspot.com/2013/03/email-‐privacy-‐at-‐harvard.html
Lawyer agrees to five-year suspension for advising client to
clean up his Facebook photos 8.7.1
"Barry Schwarz" opposed fitting a $200m Dallas condo tower with louvers to battle glare said to be compromising the next-door Nasher Sculpture Center. “Barry” was the alias of a PR exec hired by the Condo’s lawyers The law firm said it was unaware of his tactic.
… “we would never condone it,” h)p://www.nyBmes.com/2013/08/07/arts/design/fake-‐comments-‐muddy-‐a-‐debate-‐in-‐dallas.html?smid=pl-‐share
Fake Comments Muddy a Debate in Dallas
9/16/13
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Remote texter can be held liable for distracted driver’s crash
8.27.13
We don’t know who wrote this, so let’s just sue the site!
Barred by the Communications Decency Act. No matter how distasteful.
Moral: Electronic life includes unpleasantness. Putting out a fire with gasoline isn't usually effective.