Did U C Mr. Smith’s FB Page? C id ti Considerations Regarding R di St Staff ff Technology Use Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law
Social Networking? g ďƒ˜ Examples p - MySpace - Facebook - YouTube
Fisher v. Snyder 476 F.2d F 2d 375 (8th Cir. Cir 1973)
• Probationaryy teacher had out of town houseguests overnight in her apartment • Board Findings of Fact: – Frances A. Fish[er] is a single woman – That on several occasions during g the current school year men, not related to Frances A. Fisher, stayed in her apartment in Tryon, Mc-Pherson County, Nebraska, on several occasions ranging from one night to a period of at least one week, this constitutes tit t conduct d t unbecoming b i a teacher t h
Fisher v. Snyder 476 F.2d F 2d 375 (8th Cir. Cir 1973)
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“While a school board may legitimately inquire into the character and integrity of its teachers, it must be certain that it does not arbitrarily or capriciously dismiss a teacher based on unsupported conclusions d drawn ffrom such h iinquiries” i i ” “[H]ere there is no proof of improper conduct” “Idle speculation p certainly y does not p provide a basis in fact for the board’s conclusory inference….”
Fisher v. Snyder 476 F.2d F 2d 375 (8th Cir. Cir 1973)
• “She did not attempt p to conceal the presence of her house guests…” • “No No evidence of a community reaction against Mrs. Fisher has bee presented… • “…nor “ nor has she been sho shown n incapable of maintaining discipline in her classes because of any inference of impropriety drawn by her students or their parents.”
Nebraska Statute < Neb. Rev. Stat. §§ 79-824,, 79-827,, 79-829 < Reasons for Termination and/or Cancellation: - Unprofessional Conduct - Immorality - Other conduct which interferes substantially with the continued performance of duties
So what does this have to do with Technology?
Nebraska Statute < Neb. Rev. Stat. §§ 79-824,, 79-827,, 79-829 < Reasons for Termination and/or Cancellation: - Unprofessional Conduct - Immorality - Other conduct which interferes substantially with the continued performance of duties
Teacher Use ď&#x192;&#x2DC; Causes for Concern - Drug/Alcohol Use - Sexual S l Inappropriateness I i t - Inappropriate pp p Communication with Students - Inappropriate Communication Comm nication about Students - Selling School Property
Social Media is Here to Stay y ď&#x192;&#x2DC; Your Staff is using social media - 85% of Americans use social media monthly - Twitter grew over 500% in the last year - More video is uploaded to YouTube in 60 days than big 3 networks created in 60 years
ď&#x192;&#x2DC; Facebook dominates social media -
500 million users as of July, y, 2010 50% of active users log on daily Average g user has 130 friends Largest group of users aged 35-54
Its Happening! pp g Whether you participate or not
Immediate Response PROHIBIT EVERYTHING! • 172 Million smartphones sold last year • Idiots and Techies ALWAYS find a way • Teachers’ Union has already sued over policies in other states
Better Response Develop a policy that works for you and your staff • Engage staff opinion leaders and early adapters d t • Involve administrative team • Consider legal implications
Questions to Consider: What is covered byy the policy? p y Different rules for personal and professional use Reminders on confidential information Consequences for violation Policy database: ttp://tinyurl.com/yar74dj Legal Issues
Free Speech p < Pickering, g, 391 U.S. 563 ((1968)) If a employee l speaks k as a citizen ii on a matter of public concern the district must show it had an adequate justification for treatingg the employee p y differently y from any other member of the public.
Free Speech p < Garcetti,, 547 U.S. 410 ((2006)) When public Wh bli employees l make k statements t t t pursuant to their official duties, the employees are not speaking as citizens for First Amendment p purposes, p , and the Constitution does not insulate their communication from employer discipline.
Did U C Mr. Smithâ&#x20AC;&#x2122;s FB Page? C id ti Considerations Regarding R di St Staff ff Technology Use Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law