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Take This Job and Tweet It
Mike Leasor Managing Shareholder Leasor Crass, P.C.
Holly Teague Deputy Superintendent
Weatherford ISD
Overview Learning Goal • What is “social media” and
how can it be a problem? • What rights do educators have
that are related to social media? – What rights are provided to all
citizens? – Why are public educators
treated differently? – How are public educators
treated differently? • Best practices for staying out
of trouble (and off the 10 o’clock news)
We will identify most common social networking sites and how using social media can promote our personal and professional brand.
I will be able to tell a partner how my use of social media both personally and professionally can help and hurt me.
NaBonal Study The Most Recent Free Version
Over Half of Americans Have a Profile on a Social Networking Site
24
34
48 52
56
0
10
20
30
40
50
60
2008 2009 2010 2011 2012
% Who Currently Have a Personal Profile Page Any Social Networking Website
Source: The Social Habit, June 2012
Awareness of Leading Social Networking Sites is Ubiquitous
39
45
85
90
93
0 10 20 30 40 50 60 70 80 90 100
Google+
MySpace
TwiYer
% saying "yes"
“Have you ever heard of the social networking website named…”
Source: The Social Habit, June 2012
Facebook Is the Dominant Social Network
8
10
13
54
56
0 10 20 30 40 50 60
Google+
TwiYer
Any Social Network
% saying "yes"
% saying "yes"
“Do you currently have your own profile page on…”
Source: The Social Habit, June 2012
Year-‐Over Year Growth in Social Networking Greatest Among People Age 45 and Older
% by Age Group Who Currently Have a Personal Profile Page on Any Social Networking Website
76 80
68 63
45
31
15
81 80
68 65
55
34
23
12-‐14 18-‐24 25-‐34 35-‐44 45-‐54 55-‐64 65+
2011 2012
Source: The Social Habit, June 2012
Approximately 58 Million Americans Have “The Social Habit”
% Who Use Social Networking Sites “Several Times Per Day”
5
7
15
18
22
0
5
10
15
20
25
2008 2009 2010 2011 2012
Approx. 12 M
Approx. 58 M
Approx. 18 M
Approx. 39 M
Approx. 46 M
Source: The Social Habit, June 2012
10 Most Popular Social Networking Sites – January 2014
-‐ 100 200 300 400 500 600 700 800 900
TwiYer
Google Plus+
Tumblr
Flickr
VK
MySpace
Unique Monthly Visitors – In Millions
Source: eBizMBA.com
What is social media?
Social Media Webster’s Definition Defini3on of SOCIAL MEDIA : forms of electronic communicaBon (as Web sites for social networking and microblogging) through which users create online communiBes to share informaBon, ideas, personal messages, and other content (as videos) First Known Use of SOCIAL MEDIA 2004
WISD Handbook Definition Electronic media includes all forms of social media, such as text messaging, instant messaging, electronic mail (e-mail), Web logs (blogs), electronic forums (chat rooms), video-sharing Web sites (e.g., YouTube), editorial comments posted on the Internet, and social network sites (e.g., Facebook, MySpace, Twitter, LinkedIn). Electronic media also includes all forms of telecommunication such as landlines, cell phones, and Web-based applications.
In the News
In the News Teacher Loses Job After Commenting About Students, Parents on Facebook
In the News Union Township school officials investigate teacher who allegedly made anti-gay remarks on Facebook
In the News Alabama teacher allegedly mocks special ed students on Facebook
In the News Gaston Co. teacher suspended after posting student's work on Facebook
In the News
Teacher sacked for posting picture of herself holding glass of wine and mug of beer on Facebook
In the News
Carly McKinney: Racy Twitter pix get Colo. teacher nixed
Coolest Teacher Ever Fired For Tweeting Twerk Photos, Calling Students Jail Bait And Smoking Weed
In the News
Police say teacher used social media to flirt with student at Fort Worth campus
Missouri college professor arrested for shooting threat on Facebook. Posting about taking weapons to bell tower.
Cops: Fired teacher sent Twitter threats
In the News
Facebook vent burns teacher
Teacher Suspended for Offensive Facebook Post
What are your rights?
What Rights do Public Educators Have With Respect to Social Media?
Rights of All Citizens
But Wait a Minute…
State of Texas Date given Employee_____________ County of _____ Date returned by Employee___________
ONE YEAR
TERM CONTRACT For
CERTIFIED TEACHER (“Contract”)
1. Position. The ________ Independent School District (“District”) agrees to employ
_________________________________ (you) as a ______________________________ [Certified Classroom Teacher, Certified Administrator, Counselor, Educational Diagnostician, Library Media Specialist, or Nurse].
2. Term. You will be employed on a _____-month basis for the 2011-2012 school year(s), according to the start and end dates set by the District. The District will provide you with your start and end dates by the penalty-free resignation date (see Tex. Educ. Code § 21.210). The District may extend the end date in a school year to the extent the District adjusts the instructional schedule due to a school closing required by disaster, flood, extreme weather conditions, fuel curtailment, epidemic, pandemic, or other calamity.
A Matter of Balance
Public employee’s right to free
speech
School’s interest in providing efficient services.
Three Steps to Analyzing a Public School Employee’s Free Speech Claim
Was the speech made
in the course of employment
duties?
Did the speech involve a public
concern?
Does the school’s
interest in providing efficient services
outweigh the employee’s right to free
speech?
What is Public Concern? Rubino v. City of New York, No. 107292/11, 2012 NY Slip Op. 50189(U) (N.Y. Sup. Ct. Feb. 1, 2012) • Teacher fired for Facebook post about students stating that she hated
their guts and suggesting that she wanted to take them to the beach and drown them.
• Court found they were made in her capacity as a public employee because they referenced her students
In re Tenure Hearing of Jennifer O’Brien, State-Operated Sch. Dist. of the City of Paterson, Passaic Cnty., OAL DKT. No. EDU 5600-11, Agency DKT No. 108-5/11 (N.J. Comm‘r Educ. Dec. 12, 2011) • New Jersey teacher posts on Facebook that she isn’t a teacher “I’m a
warden for future criminals” • ALJ found not protected because not matter of genuine public concern
Snyder v. Millersville Univ., Civil Action No. 07-1660, 2008 U.S. Dist. LEXIS 97943 (E.D. Pa. Dec. 3, 2008) • Student-teacher fired for encouraging students to contact her on
MySpace (her page had a picture of her dressed as a “drunken pirate”) • Court says she was acting in her capacity as a teacher and speech did
not touch on a matter of public concern. Therefore, speech not protected.
Matters of Public Concern
Did the government employer have an adequate justification for treating the employee differently from any other member of the public?
What are some restrictions?
Federal
• FERPA
• IDEA
• HIPAA
Local • District Board Policies
– CPC-Retention of records – CQ-Technology resources – DGBA-Process for concern, complaints
or criticism – DH-Employee Standards of Conduct
• Code of Ethics and Standard Practices for Texas Educators
• Model Employee Handbook
Local Board Policy DH (Local) EMPLOYEE STANDARDS OF CONDUCT ELECTONIC MEDIA
• Electronic media includes all forms of social media. Electronic media also includes all forms of telecommunication, such as landlines, cell phones, and Web-based applications.
Local • Use With Students
• In accordance with administrative regulations, a certified or licensed employee, or any other employee designated in writing by the Superintendent or a campus principal, may use electronic media to communicate with currently enrolled students about matters within the scope of the employee’s professional responsibilities. All other employees are prohibited from using electronic media to communicate directly with students who are currently enrolled in the District. The regulations shall address: • Exceptions for family and social relationships; • The circumstances under which an employee may
use text messaging to communicate with students; and
• Other matters deemed appropriate by the Superintendent or designee.
Local PERSONAL USE – An employee shall be held to the same
professional standards in his or her public use of electronic media as for any other public conduct. If an employee’s use of electronic media violates state or federal law or District policy, or interferes with the employee’s ability to effectively perform his or her job duties, the employee is subject to disciplinary action, up to and including termination of employment.
Texas Educators’ Code of Ethics
• Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, e-mail, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to:
Local District Board Policy DFBB (Local) • Grounds for nonrenewal include:
– Conducting personal business during school hours when it results in neglect of duties.
– Failure to meet the District’s standards of professional conduct.
– Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, and community, impairs or diminishes the employee’s effectiveness in the District.
– Failure to maintain an effective working relationship, or maintain good rapport, with parents, the community, or colleagues.
– Behavior that presents a danger of physical harm to a student or to other individuals.
– Any reason constituting good cause for terminating the contract during its term
Employee Handbook Personal Use of Electronic Media – Policy DH
Employee Handbook Use of Electronic Media with Students– Policy DH
Best Practices for Staying out of
Trouble (and off the 10 o’clock news)
Best Practices
Think before you post, pin, tweet, like, share… • “It was just a joke!”
– Content, context and the internet • “I never meant for you to read that!”
– Know your audience (and your audience’s audience)
• “But that was years ago!” – “Internet permanence”
Best Practices
An ounce of prevention. “If you must engage in social media, please use protection.” • Learn to use privacy settings! • Never rely on privacy settings!
Personal and Professional Use
1. Never do, post or say anything on the internet that you would not want repeated over and over again and which you would not do in public.
2. Everything that goes on the internet stays on the internet probably forever as far as your concerned.
3. Use mobile social media sparingly. 4. Keep yourself safe. 5. Never do your personal social networking from a
workplace computer. Never do ANY personal compuBng from a workplace computer. That stuff isn't yours and may be heavily monitored.
6. PracBce lemng go. 7. It’s not going away!
Words of Wisdom
