Facebook and School Disciplinary Issues

So we wanted to to address a really good question/commented on our last blog post. We asked Anthony if he would follow up with a response to a question and thought it warranted another blog post and not just a comment to the previous post. So below we have the comment from Bill Leachman (@help_nonprofits) and then the follow up from Anthony Bachman. Obviously we would love to hear your feedback.

Question from: Bill Leachman

Great post. I would like to know your opinion on if you think students should be disciplined for posting things about their teachers on Facebook. I recently read an article about a student being suspended because of posting things about the teacher on Facebook. Not saying it is right, but when I was in school, we didn't have Facebook to post things about teachers, we just talked about them in our group, so in the age of social media, should this be a disciplinary action? I can understand if death threats or posts that the teacher was threated with physical harm, but just posts that you do not like the teacher, should a student be punished for that?"

Follow up by: Anthony Bachman

To a comment to a previous blog entry I shared, the question was raised, I would like to know your opinion on if you think students should be disciplined for posting things about their teachers on Facebook.

I remember confiscating notes, particularly from 13 yr. old girls, that featured all the “hot gossip”.  I use to correct them for grammar in red ink, then hang them on my bulletin board as examples of how to “edit” your own work! That stopped the flow of gossiping notes, at least, the notes went underground. Facebook is not underground.  Students today do not realize the power of the printed word verses the spoken word, and how their Facebook posts can be read for “public” reading.

Did you ever get a note, analyze every sentence, try to find the hidden meanings of intent? The written word invites the reader to do that. Notes, however, never  contain “voice” intonations or reflections. Trash talk among guys is impersonal, not taken seriously or personally, but  is accepted as a challenge for competition and male camaraderie. Swearing in a boys’ college dorm or frat is looked upon as meaningless verbiage. But the “written word” is taken differently.

On Facebook you cannot deny that you said it, if you posted it! With students, verbally, you usually get second hand gossip, then denial. It is hard to nail the primary source of teenage gossip when it is verbal, but not so with the written word.

Students today haven’t figured out that what you write on Facebook is there for all “your friends” to see’ it’s public domain.  You have put it out there.  It is not like private face to face conversations. There is no direct “face” in front of you when using “Face”book.

As a teacher, I would never write a negative thing about a student I currently have if that statement was open to the public. I want to build up that student. There are many students that I could spread the gossip about, but as a professional, and just as a respectable adult, I would refrain from doing such a thing.

Slander and Libel are “crimes in writing” to ruin a reputation.  As a teacher I will not allow myself to be in a room alone with a 13 yr. old girls for any reason because if she falsely  “accuses me” of “sexual harassment”, she could ruin my career. If it is her word against mine, most administrators will take her for her word, and make me fight for my life to save mine!  Facebook can be a tool used for maliciously slandering a teacher you do not like. Often students do not understand the seriousness of this nature. Some students just resent authority, thus opposing their teacher, but can make their attack personal.

We do not allow “cyber-bullying”, an attempt to ruin another student’s reputation or self esteem through extreme negativity through Facebook and other social networking tools. Taking photos of others without their permission and posting them to defame or make fun of that person is also totally wrong.  If it is wrong for students to post negativity about other students, I do not know why it wouldn’t be wrong to do the same about their teachers.

Every student may need a sounding board, but Facebook is not the forum for that, because your complaint does not bounce off anyone, it sticks, it is printed, it is tangible for all to see.

We are in a generation where “education bashing” is not only acceptable, but the norm. Teachers were respected in the ‘70’s because we beat the Russians in science in the Space Race, highly regarded in the ‘80’s because educations was the key to success in Reaganomics, but in the ‘90’s became the “scape goat” of American society, being blamed for every ill. At the beginning of the 21st Century that attitude has continued, only now society not only blames education, but expects education to fix it!  It is politically correct to blame “bad teachers” for our “failing schools”, but never addressing the short comings in our society, ie. dead-beat dads, dysfunctional families, etc.   So Facebook bashing of education just adds to the dilemma.

Bottom line:  I do not allow trash talking in my classroom, nor negative note writing, nor bullying of any form, nor negative “texting”. Nor should it be allowed in “public domain”, especially through social network tools.  I am trying to teach my students character, responsibility, and integrity. I want to teach them to build one another up, not tear each other down.

Americans have lost showing respect for authority. Adults bash our President, our Public Officials, our police force, or educational system, and almost anyone in authority under the banner of “freedom of speech”. Why wouldn’t their children do the same.  Maybe we should model “positive” posting, giving “encouraging” words, and actually “complimenting” someone, maybe even a teacher! 

This was a guest post by Anthony Bachman. He is a public school teacher at Spring Grove Area School District in Spring Grove Pennsylvania. Anthony also writes a blog on christian topics called Five Revealed.

Comments

[Ken Mueller]

This is a tough one for a number of reasons, and I really respect the opinions and ideas that Anthony laid out here. Just a few thoughts:

Clearly issues like slander, libel, and cyber-bullying are a problem, but they are all actionable in terms of the law. When dealing with the printed word, you're dealing with libel, and there are certain burdens of proof that must be met in a court of law. But issues like these are the most extreme.

The issue more at hand here, and the one raised in the question, is what about negative or unflattering statements that students might happen to post on Facebook. Clearly we're not talking about something as serious as "Mr Soandso is a child molestor". That would fall under the area of libel and defamation law. I think the issue being addressed in the question is more along the lines of "Mr Soandso is a jerk!", or "I can't believe how unfair Mr. Soandso is!"...things of that nature. Certainly the statements could be much more harsh than that while still not falling into the libel area. We're dealing with matters of opinion.

Like Anthony, when I was a student, these were the sorts of things that were uttered in the halls and cafeterias of our school as we discussed different teachers. They weren't broadcast all over. What troubles me is the issue of jurisdiction. Here are a few points that can be hashed out (and I know that I'm probably raising more questions than I am answering them)

1) If the offending statements were not made while on school property, and are not posted on a school "owned and operated" Facebook page, does the school have any legal basis for jumping in? I would guess that they don't, but I could be wrong.

2) The same issue is being debated re: employees and their superiors and workplaces. There are cases now being heard as to whether an employee can be fired for saying something negative about their boss on Facebook. This area of law is as new as Social Media is, and therefore will take some time to shake out.

3) In both of these cases, whether in a school or workplace, has there been any sort of agreement or "covenant"? Many work places make you sign a document when you start working (and sometimes at the beginning of every year), that clearly outlines what types of behavior are encouraged and prohibited. This sort of agreement can codify what is acceptable, and what is actionable. In the business world, many are now including Social Media policies, and I think this is a good thing. Is a school permitted to do the same thing? And if so, what are they permitted to regulate? Thinking out loud here, but perhaps there are different legal issues regarding what is permitted at public schools vs. private schools vs. boarding schools.

4) Students don't always understand the ramifications of this, but this is where human nature kicks in. If I'm a teacher, and you badmouth me (whether online or offline) and I find out about it, I might not take action against you, but despite my best efforts at being fair, it very likely will color the way I treat you, both in the classroom and when I'm grading your work.

5) As a teacher, I would be hesitant to take any such action without knowing what sort of legal standing I have. We live in a rather litigious society, and parents can be quick to sue or take action for the sake of the family name. This doesn't mean a fear of legal action should prevent us from correcting certain wrongs.

6) Like Anthony states in his final paragraph, we need to model positive behavior to them. We need to remember that some of these kids might not have positive adult role models in their lives. Some may come from broken homes. Some may have other esteem issues they are dealing with. Often, their public expressions could be an "acting out" of a need for attention.

Finally, I found this article that gives some good case-studies on the matter, and it shows that the courts are clearly divided on the legal issues. http://www.firstamendmentcenter.org/speech/studentexpression/topic.aspx?topic=cyberspeech

It appears that in most of the cases where the courts upheld the right to discipline, the speech in question could have been construed as a threat. I think that when we're just dealing with "I hate Mr. Soandso" we may be on thin ice if we take action. It's when it gets to the "and I wish he would die" stage that we need to be more concerned.

[Clint]

One aspect of Computer Information Technology covered in my CIT classroom at the Middle School is digital citizenship. In the world of online collaborative technologies & Social media, responsible communication should be a paramount curricular piece.

As Will Richardson notes in a recent ASCD Article, "Footprints in the Digital Age":

A recent National School Boards Association survey (2007) announced that upward of 80 percent of young people who are online are networking and that 70 percent of them are regularly discussing education-related topics. They're creating all sorts of content-some, as we all know, doing so very badly-and they're doing all sorts of things with online tools that, for the most part, we're not teaching them anything about. In the process, they're becoming Googleable without us.

In a recent blog post, entitled "It's the Parents' Fault. Not", Richardson expands this idea:

But whose job is it to educate kids to use those sites well and appropriately? I doubt that most of their parents really have enough of an understanding of what their doing to prepare them.

So, I agree that most idle chatter students post on public social networking sites is not necessarily a disciplinary issue, but as a teachable moment it certianly falls under my jurisdiction.

In PA, CIT falls under the umbrella of Business, and I constantly bring business thinking and and real world scenarios into my classroom. One theme often revisited is the idea that I'm their "boss", as this is their current job. While a boss can't fire them or demote them because they don't like him and say bad things about him (at work or online), that can affect his bias when they lose an assignment / sale, for example. I do my best, then to use these situations to teach how they can use their online presence to make them look more

--- Responsible
--- Kind
--- Creative
--- Productive

rather than someone with nothing better to do with spare time than run down supervisors and colleagues.

If a student calls me short, pudgy, & bald on Facebook, I'll get over it... after all, it's quite true. If he or she calls a future employer short, pudgy, & bald on Facebook, that's a different situation entirely. What better time to learn this truth than now?

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