There are some simple measures that you can share with your members to help protect them and their privacy. Because the law on these issues is developing, here are some guidelines that will help you use social media safely:
Be familiar with any employee work rules or policies dealing with electronic communications.
Set your social media page privacy settings so that only "friends" can view it and maximize all possible security settings.
Be very mindful from whom you accept "friend" requests, and to whom you send friend requests.
Stop and think. If you're wondering, "Should I post this?", it probably means that you should not.
Most importantly, assume that everything you post may be seen by everyone.
Many of the actions below may be completely innocent or explainable, but employees should use their discretion when engaging in the following. If you are a teacher, school related professional or a professional in higher education:
Do not accept "friend" requests from, or send requests to, students.
Do not post any comments about, or any pictures or videos of, students.
Do not post comments that a school might find inappropriate if read by students or parents.
Do not post photos of yourself engaging in any behavior that a school might find inappropriate if seen by students or parents.
Do not think you can make comments "private" by sending them by direct or private message, you have no control over what the recipient will do with them.
Public employees and school employees, in particular, are often held to higher standards than others. There have been cases where photos or postings on social media, which have been taken out of context and viewed by students or parents, reflected poorly on the image of some of our members. This scrutiny extends beyond what the individual member posts to what his or her friends post. It is not unusual for prospective employers to review the social media accounts of applicants.
The courts have ruled that students have more rights with regard to on-line speech than employees have. Understanding the rights (and responsibilities) of teachers and students is critical for the local leader. Students have the First Amendment rights of free speech. The courts have held that student on-line speech may only be disciplined if it causes a “substantial disruption” at school. Because these rights derive from the United States Constitution, they exist in every state, and some of the court decisions about what students can do have been shocking. In T.V. v. Smith-Green Community School Corporation, an Indiana federal court held that the school district violated the students’ First Amendment rights when it disciplined students for posting on-line photographs of themselves in sexually explicit positions. In J.C. v. Beverly Hills Unified District, a California federal court held that a YouTube video bullying a 13-year-old girl was not grounds for discipline, because the student did not miss a substantial amount of class time, nor were administrators pulled away from their ordinary tasks to address the video post. On the other hand, the 9th Circuit Court of Appeals upheld the discipline of a Washington student who brought a poem, written in the first person about committing a school shooting, to school.
As public employees, our members’ First Amendment rights are much more limited. In CPC v. San Diego Unified School District, a court upheld the dismissal of a teacher who posted an ad online soliciting sex with lewd photos, even though the ad did not identify the teacher by name or his place of employment, and could not be accessed by people under eighteen years old.
The electronic age has ushered in another new problem known as “Cyberbullying.” Of course, school districts should always err on the side of protecting the victim. As a local leader, you and your members should be alert to cyberbullying, and ensure that administrators are advised any time you are suspicious of it. Educating the public and parents about the dangers of cyberbullying can be a great union activity.
Sexting is another problem created by the electronic age. Sexting often goes hand-in-hand with cyberbullying, and local leaders should make sure that their members know how to handle these problems. Sexting in the schools often is a form of child pornography because the victim is a minor. The school personnel must bear this in mind, because if it is forwarded (to anyone), the school personnel may themselves be trafficking child pornography. The electronic device should immediately be sealed and turned over to an administrator, who should turn it directly over to the police. Of course, you and your members should know if your employer has specific policies for dealing with these matters and, if so, follow these policies.
Social media have been wonderful tools for our members to help students. However, they can often cause too many problems. Facebook is often a gateway towards inappropriate student-teacher relationships because it breaks down the wall between student and teacher. If a teacher and a student are Facebook “friends,” and the student posts something inappropriate on Facebook, it could trigger a reporting requirement by the teacher. Classroom Facebook pages can be wonderful, but there should be “fan” pages set up so that posts can be monitored and deleted. As always, follow employer policy, and use good judgment.
Finally, texting too has caused many problems in the school environment. On the most basic level, texting is often a distraction in the school environment. Also, like social media sites, it often breaks down the barriers between teacher and student. Teachers must remember that no relationship with a student is “consensual” because of the inherent power differential and dependence between teachers and students. Districts have often tried to discourage outside-of-school texting, but few have been successful.
All information on this page has been provided and approved by NYSUT.