Table Of Content

By Harry Ess Belch Teachers Beware! The Dark Side of Social Networking k c o dc Think teachers can post what they want on their own time? Think again. o o w n h Many have lost their jobs over social networking gaffes in recent years. o m/j o c Follow this ed tech specialist’s advice to stay both socially active o. t o h kp and happily employed. c o t s ©i Copyright © 2011, ISTE (International Society for Technology in Education), 1.800.336.5191 (U.S. & Canada) or 1.541.302.3777 (Int’l), [email protected], www.iste.org. All rights reserved. December/January 2011–12 | Learning & Leading with Technology 15 t wo years ago, I received my “drinking” and “teaching chitlins in Pennsylvania, USA, had a few first email from a staff member in the ghetto of Charlotte” on her bad days in January 2010 and alerting me to a teacher’s Face- Facebook page in 2009. She also decided to vent on her Facebook book page. She was concerned that posted photos of herself and others page. As a result, she received an the teacher had posted photos of in sexually suggestive positions. She indefinite suspension from the herself and other teachers with drinks was suspended with pay because university. Gadsden wrote, “Does at a local bar. At the time, I didn’t the school district determined that anyone know where to find a very share her concern. I felt that teach- the comments affected her ability to discreet hitman? Yes, it’s been that ers had every right to enjoy their own interact with students and parents, kind of day....” On a different day, social lives after school, and it was stating, “Clearly, when there is poor she offered that she “had a good day nobody’s business what they did when professional judgment, it impacts today, DIDN’T want to kill even one they weren’t on school grounds. And I the teacher’s ability to do their job.” student :-). Now Friday was a differ- had no desire to become the Facebook • In 2009, Beaver Dam Middle School ent story.” This ordeal led Gadsden police at my school. I told the report- (Wisconsin, USA) teacher Betsy to comment, “I honestly have to say ing staff member that if she thought Ramsdale posted a photo on her that people have too much faith in any students were in danger because Facebook page of herself pointing a the internet. I think the internet can of the postings, she should contact the gun at the camera. She was placed be as dangerous as it is wonderful.” administrators, with the implication on administrative leave for what Gadsden was eventually reinstated. that she should otherwise let it go. “appears to be poor judgment.” The • Last year in Pennsylvania, Browns- I have since learned a lot about community was split. One parent ville High School Spanish teacher how school districts cope with commented, “I don’t think it’s appro- Ginger D’Amico hosted a bach- teachers and online social network- priate. I’m not sure why this would elorette party with other teachers ing sites. Here’s what I found out be on the computer at all,” while that included a male stripper. One and what I recommend to teachers another parent offered, “I don’t see of the attendees posted a picture who want to have an online social anything wrong with it. She’s on her of the event on her own Facebook life and hold on to their jobs. time to do what she wants.” page. Unfortunately for D’Amico, • In 2009, Sonya McNally was sus- she was the only teacher identifi- The Perils of Posting pended from Humberston Com- able in the photo. It was brought to prehensive School in Grimsby, Eng- I knew that teacher discipline over the attention of her administrator, land, for posting a private message social networking practices was be- and she was suspended for 30 days, on her Facebook page that one class coming more common, but I had no which was eventually reduced to 19 of students was just as “bad” as an- idea just how common. Here are just days. Other teachers in attendance other class. This offended another a few of the cases that a quick internet received letters of reprimand. After teacher, who complained. McNally search unearthed: the American Civil Liberties Union was suspended for “bringing the became involved, D’Amico was able • An unidentified elementary school school into disrepute.” to reach an out-of-court settlement teacher in Charlotte, North Caro- • Gloria Gadsden, a sociology profes- with the school district. lina, USA, listed her hobbies as sor at East Stroudsburg University Betsy Ramsdale (left), a middle school teacher from Wisconsin, USA, was placed on administrative leave for posting this photo of herself on Facebook. Ashley Payne (right), a high school teacher from Georgia, USA, thought her Facebook comments and photos, such as this one, were well hidden behind Facebook’s privacy settings. She is currently fighting in court to get her job back. Copyright © 2011, ISTE (International Society for Technology in Education), 1.800.336.5191 (U.S. & Canada) or 1.541.302.3777 (Int’l), [email protected], www.iste.org. All rights reserved. 16 Learning & Leading with Technology | December/January 2011–12 Every state has rules that govern teacher behavior outside the “schoolhouse gate,” but the legal protection offered to teachers often fails when the teacher decides to make his or her private life public through social networking sites. What the Law Says • The behavior causes or could cause a Another case that intrigued me I decided it was time to find out what disruption to the educational process quite a bit is currently unresolved. protections—if any—the law offered • The behavior is considered damaging In 2009, Ashley Payne was a nonten- teachers for their freedom of online to the school’s reputation ured second-year English teacher at expression. Apalachee High School in Winder, If a teacher is on a continuing con- According to the U.S. Supreme Georgia, USA. Like many young pro- tract, one of the final three other fac- Court, neither students nor teach- fessionals, she decided to spend her tors typically needs to be present to ers “shed their constitutional rights summer vacation traveling in Europe. discipline a teacher. But if you don’t to freedom of speech or expres- Upon returning to the United States, have a continuing contract, you don’t sion at the schoolhouse gate.” That she posted 700 photos; none of them get much margin for error. means that, for the most part, were salacious in any way, but 10 The courts have weighed in on this teachers and students maintain showed her in various drinking es- relatively new phenomenon as well. In their constitutional protections tablishments. She also mentioned in a 2008, teacher Jeffrey Spanierman was at school. They also have some post that she was going to a local bar dismissed for postings on his MySpace protection outside of school when to play a popular game called “Crazy page and filed suit against the school speaking as private citizens on mat- B**ch Bingo.” One morning early system (Spanierman v. Hughes, 576 ters of public concern. But I soon in the school year, Payne’s principal F. Supp. 2d 292, Dist. Court, D. Con- discovered that the privilege of received an email from a presumed necticut 2008). Spanierman was a teaching also comes with unique parent claiming that her child saw nontenured English teacher who speech and privacy restrictions. the photos and the slang term, which decided to create a MySpace page to In the United States, every state prompted the child to use the word. keep in touch with several of his stu- has rules that govern teacher be- The email contained some of the pho- dents at Emmet O’Brien High School havior outside the “schoolhouse tos and the post with the slang term. in Ansonia, Connecticut, USA. Many gate,” but the legal protection offer- When Payne arrived at school that young teachers have a difficult time ed to teachers often fails when day, her principal confronted her, striking the balance between teacher the teacher decides to make his or and she subsequently decided to re- and friend, and sometimes they blur her private life public through online sign rather than face a suspension. the lines. The school board deter- social networking sites. The four key Further investigation revealed mined that Spanierman crossed the factors that determine how much that Payne’s Facebook page was never line when he engaged in “peer-like” trouble, if any, a teacher may face accessible to her students or parents, exchanges with students. After view- for this type of transgression focus and the email address that was used ing the evidence, the court concluded on whether or not: to report Payne was bogus. The specu- that “such conduct could very well lation is that this young teacher was • The teacher is on a continuing disrupt the learning atmosphere of a sabotaged by a disgruntled friend. contract school, which sufficiently outweighs Nonetheless, she lost her job and is • A nexus can be established between the value of Plaintiff’s MySpace currently fighting in court, claiming the teacher’s behavior and his or her speech.” Spanierman’s dismissal was she was denied due process. effectiveness upheld. Copyright © 2011, ISTE (International Society for Technology in Education), 1.800.336.5191 (U.S. & Canada) or 1.541.302.3777 (Int’l), [email protected], www.iste.org. All rights reserved. December/January 2011–12 | Learning & Leading with Technology 17 A critical aspect of my training was to make my staff aware that once you put something on the internet, regardless of your privacy settings, you have just made your private life public. Time for Training Commonwealth of Virginia, USA, public. That said, the point was not It became obvious to me that many drafted state guidelines that would to condemn social networking sites teachers are under the impression that prohibit teachers from texting or scare anyone. In fact, although their private behavior on social net- students, interacting one on one some participants expressed frustra- working sites has no bearing on their with them through personal so- tion with what they felt was a “Big jobs. The incidents described in this cial networking sites, or accepting Brother” presence, I made it clear to article prove that assumption false. I invitations from them to interact my staff that the cases I presented wanted to make sure that the teachers privately through texting or per- were all initiated by private citizens in my school district knew the facts. sonal social networking sites. These or journalists, not by the government I decided to explore what other guidelines created a significant up- or school administrators. school systems are doing regarding roar, and the final guidelines were In addition to referring to the inci- teachers and online social networking much less restrictive. dents and cases mentioned previously, sites. I discovered that school districts the training included these main points: are often slow to respond to this pre- When my colleague sent that email • Teachers who are not on a continuing dicament, but some have taken charge: to me two years ago expressing con- contract are especially vulnerable. cern about our co-worker’s postings • The Granite School District in Salt • Behavior outside of school, online on Facebook, I was naïve. After edu- Lake City, Utah, USA, offers guide- or not, can be cause for suspension cating myself, I’ve become convinced lines that do not prohibit teachers or dismissal if the behavior dimin- that schools must offer some form of from using social networking sites, ishes instructional effectiveness or training to teachers before we lose too but students are not allowed to ac- creates a disruption at school. many. The last thing I’d want is for any cess teachers’ personal sites. The • Keeping your online social network- of my staff members to get suspended guidelines also make it clear that ing site private does not guarantee or lose a job because they weren’t aware there is no expectation of privacy privacy. of the pitfalls of social networking sites. when teachers are using district- • Friending students can appear to With that goal in mind, I set out to owned equipment, on or off con- create an inappropriate teacher– make my staff aware of the issues that tract time, and forbid the use of student relationship. teachers around the globe face as a personally identifiable student in- • The language you use in your so- result of information and images they formation on personal sites. cial networking postings can be post, or have posted about them, on • In its Guidelines for Employees Who misinterpreted. social networking sites, such as Face- Participate on Social Media Web • Photographs, even if they are book and MySpace. Sites, Lee County Public Schools in innocent in intent, can also be A critical aspect of my training Florida, USA, calls it inappropriate misinterpreted. was to make my staff aware that once for teachers to communicate with you put something on the internet, After the awareness session, I had students or friend them via personal regardless of your privacy settings, my staff complete an “I Used to Think/ social networking sites and warns you have just made your private life Now I Think” activity by writing what teachers to be thoughtful when posting items and photographs, because Teachers who are not on a continuing contract they may be offensive to others. • In response to cases involving are especially vulnerable. teacher sexual misconduct, the Copyright © 2011, ISTE (International Society for Technology in Education), 1.800.336.5191 (U.S. & Canada) or 1.541.302.3777 (Int’l), [email protected], www.iste.org. All rights reserved. 18 Learning & Leading with Technology | December/January 2011–12 Web 2.0 they used to think about using social socially active and happily employed. networking sites on one side of an And I hope this article will stimulate index card and, on the other side, other concerned educators around the Essentials what they now think as a result of the globe to initiate awareness training in awareness training. Since questions their parts of the world. still remained after my awareness training, I created a frequently-asked- Resources questions document based on the “Barrow Teacher Done In by Anonymous ISTE books index cards and made it available to ‘Parent’ E-Mail about Her Facebook Page” by Maureen Downey, November 13, 2009, explore the tools my staff. Atlanta Journal Constitution: http://tinyurl. These quotes are just a few of the com/42xmfdf and resources many that participants wrote on their “Employee Uses Racial Slur in Facebook Pro- index cards that demonstrate their file: Can You Fire Her?” by Ann Doss Helms you need to new level of awareness: (November 12, 2008), Charlotte Observer: learn, teach, http://tinyurl.com/3hf4htz • “I used to think my social activi- “Faculty on Facebook: Privacy Concerns and succeed! ties, as long as they were legal, were Raised by Suspension” by Jack Stripling (March 2, 2010), USA Today: http://tinyurl. my own business and did not affect com/ya6mteb my job or reputation. Now I think I Granite School District Networking Policy: have to be more careful and aware http://tinyurl.com/3zh5ox4 of how others can misuse or take “Pennsylvania School District Settles Suit by things out of context.” Teacher Suspended over Facebook Photo • “I used to think you had to be care- of Her with Male Stripper” by Joe Mandak (August, 17, 2010), Legal Clips: http:// ful about what you put on social legalclips.nsba.org/?p=1650 networking sites. I now believe you Press release, Lee County Public Schools: have to be extremely cautious of http://tinyurl.com/3fc99l2 what you put because even the most “Teacher Is Suspended for Jibe on Facebook private settings might not make you about Her Class” (August 1, 2009), Mail Online: http://tinyurl.com/4xafcak safe.” “Teacher Placed on Leave for Questionable • “I used to think our private lives Facebook Posting,” WKOW: www.wkow. were our lives as long as it wasn’t com/global/story.asp?s=9781795 publicized. Now I think that is not “Teacher Ready to Move beyond Suit” by the case; even in private we have to Merritt Melancon (August 29, 2010), Online Athens: www.onlineathens.com/ be careful.” stories/082910/new_701567572.shtml • “I used to think my social and pro- Virginia Board of Education Agenda, January fessional lives were totally separate 1, 2011: http://tinyurl.com/3gd8raq (as long as they don’t negatively im- Westlaw: https://web2.westlaw.com pact each other). Now I think that Harry Ess Belch is a school- they’re not. It seems I have to be based technology specialist at extra cautious because things can be Union Mill Elementary School easily taken out of context. Sadly.” in Clifton, Virginia, USA. He is currently working toward his Based on the feedback I received, I master’s degree in educational believe my staff has a heightened level leadership at Virginia Tech. of awareness that will help keep them ISTE Members always save 30%! Follow L&L’s editors at Senior Editor Diana Fingal @dianafingal Managing Editor Paul Wurster @Paul_Wurster iste.org/store Associate Editor Andra Brichacek @andramere Copyright © 2011, ISTE (International Society for Technology in Education), 1.800.336.5191 (U.S. & Canada) or 1.541.302.3777 (Int’l), [email protected], www.iste.org. All rights reserved. December/January 2011–12 | Learning & Leading with Technology 19