Social Networking Issues
Students & Staff
Presented by Andy Fugitt
The Center for Education Law, Inc.
August 26, 2011
What is social networking and how big a deal is it?
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On-line service or platform focused on building relationships or networks
A person wishing to communicate with friends and family or meet new
people can register with a site and create a “profile.”
Facebook – over 750 million active worldwide users [up from 500 million
6 months ago]; about 250 million in the U.S. [about 80% of U.S.
population]
250 million total users via mobile device [who are 2x as active]
Continued 
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Twitter – Over 200 million users
LinkedIn – Over 100 millions users
MySpace – about 70 million active users
Blogging
Blogging
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Short for “web log”
An on-line diary which usually accompanies article or picture
Or create your own: www.blogspot.com
Blog entries may include text, photos, links to on-line information, video
and audio
“Virtually” anywhere that information is provided or shared on-line may
serve as a platform for bloggers
Rules for blogging?
Social Networking Issues – Teachers
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Even where staff not acting inappropriately – misuse of time?
Typical situation: inappropriate behavior and comments - drinking and
sarcastic comments about work
Worst case scenario: sites have been used to invade student boundaries
and groom students
Less scandalous but still a problem: revealing confidential student or
employee information
At the far extreme – Virginia butt-print artist
What should we be concerned about?
Major concerns:
 Public/parents/co-workers/students viewing inappropriate pictures and
comments [and is there any connection between the pictures or
comments and the school or classroom?]
 Teachers’ interactions with students might not be appropriate
- Social networking sites often involve casual discussions about
personal matters which are sometimes very frank
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Continued 
- Peer-like interactions with students can be a boundary invasion which
may be harmless or may be part of a grooming strategy
Stories:
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Teacher suspended for Facebook picture with stripper –
Teacher suspended/reassigned for Facebook comments about students –
Raleigh, N.C.
Teacher terminated for calling students “germbags” on Facebook and for
referring to parents as arrogant and snobby – Mass.
Teacher suspended for blog postings critical of students – Pa.
NLRB case
So What Can We Do About Teachers?
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Where do we draw the line in terms of on-line conduct which warrants
discipline?
Assuming there is no violation of law, what is the impact at school?
• Does the conduct make it difficult/impossible for the teacher to do
his or her job?
Probationary teacher – cause
Career teacher – moral turpitude?
• Admonish to use other statutory grounds
Teachers And The First Amendment
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Teachers have a constitutional right to speak as a citizen on matters of
public concern
Can the teacher’s expressions be “fairly considered as relating to a
matter of political, social, or other concern to the community”
If the speech is on a matter of public concern, the teacher’s interest as a
citizen in commenting on the matter must be weighed against the interest
of the school district in promoting the efficiency of its operations
Continued 
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Employee’s personal dissatisfaction with job probably not a matter of
public concern; allegations that public funds being misspent may be
Public employees aren’t protected by the First Amendment when they
make statements pursuant to their official job duties even on subjects of
public concern
Students and Social Networking –
What Should We Be Concerned About?
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“Cyberbullying” and harassment of fellow students or school staff
Access to predators
Unsafe disclosure of personal information
Addiction to on-line activity
Risky sexual behavior
Dangerous on-line communities
Other conduct which may be disruptive to school activity
Posting of inappropriate or incriminating information
Stories
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Student disciplined for creating a parody MySpace profile page of
her middle school principal, off-campus on a home computer that
contained vulgar, lewd and false statements about the principal – J.S. v.
Blue Mountain S.D/Layshock v. Hermitage S.D. – Pennsylvania- 3rd Circuit
High school student sends an instant message on his home computer to a
classmate on her home computer saying that he was going to get a gun
and kill certain students. Threat reported. Student suspended for rest of
year; claims First Amendment rights violated. D.J.M. v. Hannibal PS;
Missouri – 8th Cir.
Continued 
High school student [K.K.] creates internet chat group [S.A.S.H] using
home computer, invites other school friends. Becomes apparent purpose
of group is to target one individual student, S.N. Another student makes
derogatory comments about S.N., including that she has herpes. K.K does
not make posts, but makes comments approving of derogatory posts.
Short term suspension; Kowalski v. Berkley CS; 4th Cir. W. Va.
Student’s First Amendment Rights
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Schools have greater control over “school-sponsored” speech [i.e.,
student publications] than off-campus speech
Lewd or offensive speech occurring off-campus may be protected by First
Amendment; such speech occurring on-campus is not
Students may be disciplined for off-campus speech which actually
disrupts school activities or which gives school officials well founded
belief that such disruption will occur
Cyberbullying
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Oklahoma law prohibits
harassment intimidation and
bullying of a student by way of
electronic communication –
including by means of a computer
Harassment, Intimidation, and Bullying
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Schools must adopt a policy that prohibits any gesture, written or verbal
expression, electronic communication, or physical act that a reasonable
person should know will harm another student, damage another student’s
property, place another student in reasonable fear of harm to the
student’s person or damage to the student’s property, or insult or
demean any student or group of students in such a way as to disrupt or
interfere with the school’s educational mission or the education of any
student.
Relation to school
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In order to fall under the school’s policy, the communication need not
originate at school or with school equipment if the communication is
specifically directed at students or at school personnel and concerns
harassment, intimidation, or bullying at school.
The statute also states that “nothing in this act shall be construed to
impose a specific liability on any school district.”
Finally, schools must establish a procedure for the investigation of
bullying.
What you can do
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Discuss professionalism with school employees, and the reasons for
maintaining boundaries with students.
Ensure that at least one person on the administrative team is proficient
with common online social networking sites.
Screen prospective employees by running a quick check on the major
online social networking sites.
Make sure students are aware of the consequences of engaging in
cyberbullying.
What’s On The Horizon
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District Policies/regulations which restrict staff ability to communicate
with students via public social networking sites – Virginia
OK Senate Bill 152
Thank you for listening!
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Any Questions?