Social Media Do's

Social Media Do's and Don'ts when you work in public schools

Advice for educators from your MEA General Counsel, Andrew Mason

Many of us think nothing about posting pictures about our daily lives, sharing our comings and goings, or expressing personal opinions on any and all matters. While many people willingly accept a certain loss of privacy in order to participate in social media, that becomes a doubleedged sword if you ever become the focus of an investigation at work.

Many people (wrongly) assume that they have a First Amendment right to post or say anything they want in social media, even criticizing their employer. There are misconceptions about what an employer can and cannot do in terms of monitoring and in terms of what access it can have to an employee’s social media or electronic communications.

As a general matter, the First Amendment allows a public employee to speak as a private citizen on matters of public concern. HOWEVER, if you are a public employee and your speech is within the scope and duties of your job, such speech does not have the same protection. This is true because what you say or communicate within the sphere of your employment (in the classroom for instance) is considered speech on behalf of your employer and does not entitle you to much protection from discipline.

Therefore, the very first inquiry when evaluating whether speech is protected or not is: were the public employee’s statements made pursuant to their official duties? The United States Supreme Court has held that when a public employee engages in speech pursuant to their official duties, they are not speaking as private citizens, but as public servants, and therefore the employer’s interests are paramount.

For example, you post a “joke” on Facebook about your students being “lazy” – this sort of speech is not protected, and you could be disciplined because it does not address a matter of public concern. If you use social media and comment on students, school, or engage in conduct that impairs your ability to function as a public employee, such speech may not be protected.

Courts have upheld the discipline of teachers who post derogatory comments about a school administrator or the decisions of supervisors concerning school matters online and have upheld the disciplining or firing of teachers who inappropriately communicate with students as if they were peers. As always, the best advice is to use common sense and before you hit “send” assume that whatever you are about to post online, email, or text will be seen or accessible to everyone, including your employer. If you have any doubts or hesitation about whether it is appropriate or could offend anyone whether in context or not, your best bet is to leave the social commentary and humor to the professional comedians, and stick with posting the tried and true cat videos and pratfalls – those are always funny.

Social Media Law

Maine has a law protecting an employee from having their employer access their private social media accounts. Under this law, an employer may not require or coerce an employee or applicant to: disclose passwords or other means for accessing personal social media accounts; disclose any social media account information; require or coerce an employee or applicant to add anyone (the employer or an agent of the employer) to the list of contacts/friends associated with a personal social media account; or change their settings that would allow a 3rd party to view the contents of a personal social media account. And finally, an employee cannot be discharged, disciplined, or penalized, and an employer cannot fail or refuse to hire an applicant who refuses to disclose or provide access to their social media accounts.

Kruger National Park is one of Africa’s largest game reserves. With lions, leopards, rhinos, elephants and buffalos the terrain in South Africa made for a spectacular landscape for a Maine professor who visited Africa. But it wasn’t his time spent with the wildlife that left a lasting impact on his work. Here Dr. Paul Johnson, a professor at the School of Social Work at the University of Southern Maine, shared his experiences with Maine Educator, and how his time overseas has given him perspective into his career. I was fortunate to attend and present at the International Association of Social Workers with Groups Symposium at Kruger National Park in South Africa. Everything about the Symposium was wonderful--the people, the setting, just being in Kruger National Park! The day before the formal conference began, we visited two child-care centers. One was the Amukelani Center, the other was the Siyakhula Center. These centers provide the children somewhere to go every weekday after school as well as providing them with a meal and a safe area to play in for a couple of hours. On a return trip to Africa, my wife Peg and I travelled to Zimbabwe Ngamo School located in the Village of Ngamo, with fellow educator Chris L’Abbe from South Portland. Here, we were met by Mr. Moyo, the principal of the school and the faculty. The first thing to strike you on visiting the Ngamo School is the involvement of the whole community in its school. People were digging the foundations of a new administrative building by hand; parents were attending to the vegetable garden that would be used to feed the children. We were given a tour of the entire school entering each classroom where we met with the children. In one classroom we were invited to sit down with the children in small groups. They asked us questions ranging from where we were born to what type of government we live under. Following Ngamo Primary School, we headed out to visit Mlevu Primary School. We then visited St. Joseph’s where we were given a tour and taken into one classroom where there were approximately 32 five-year olds crowded into a small room. Chris, who’s been coming to Zimbabwe and working with organizations to raise funds for these schools for years, gave each child a new knit cap. In addition, the school received a shipment of books from Oxford University

Press. On traveling to each of the schools, I was amazed with how far the children need to walk in order to get there. Also, there is a lack of basic resources, such as lack of electricity, insufficient school buildings, and overcrowded classrooms-this was acutely apparent at Mlevu Primary School, where we visited the new classroom. Previously, classes had been conducted under a tree. Peg and I were so impressed by the work that continues to be undertaken and also the wonderful relationships that have been established. At each school and in every village, we were made to feel so welcome. The trip also made me reflect as a social worker on the ethical principles of my profession. These include, service, social justice, dignity and worth of the person, and the importance of human relations. At each school I was so impressed with how everybody was valued and respected.

This visit had such a profound impact on me. Frequently, I have commented that I was so impressed with Mr. Moyo the principal at Ngamo. In talking to him, he informed me that he had started teaching at the age of 17; yet, the relationships he had with all the children, the teachers and the families were amazing. This wasn’t just a “job” but a way of life.

Mr. Moyo reinforced for me, that I need to continue to see the best and the possibilities of all the students and colleagues that I interact with at USM. Finally, he and everyone we met convinced Peg and I that in July 2020 we will be heading back to Ngamo, Mlveu, and St. Joseph’s, and we can hardly wait.