FACEBOOK, MYSPACE, YOUTUBE AND BLOGGING: HOW TO MANAGE SOCIAL MEDIA IN SCHOOLS - LAWWORKS Education Law Institute
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FACEBOOK, MYSPACE, YOUTUBE
AND BLOGGING: HOW TO MANAGE
SOCIAL MEDIA IN SCHOOLS
LAWWORKS
Education Law Institute
September 23, 2011
Eric M. Roher
Partner
Borden Ladner Gervais LLP
John Chasty
Superintendent of Education
Toronto District School Board
A hacker broke into your computer and in an act
of random kindness gave you a few more friends
on Facebook.
2
If you want to see Michael s mother s response to
his suspension, check out my YouTube video.
3
Dramatic Changes in Social Computing
q More and more students and school board
employees are choosing to create or participate
in a:
w blog
w wiki
w online social network
w online discussion
w website
4
Social Media – Current Trends
q Facebook
q Twitter
q MySpace
q LinkedIn
q Personal blogs
q Personal websites
q YouTube
5Social Media - Characteristics
q Largely public
q Easy access
q Instantaneous
q Addictive
q Social Networking
q Empowering
67
Facebook.com - History
q Launched on February 4, 2004 at Harvard
University by Mark Zuckerberg.
q Within two weeks, one-half Harvard student
body were members.
q By May 30th, other universities were included
i.e. Stanford and Yale.
q On September 13, 2006, Facebook was
opened to everyone over 13 with a valid e-
mail address.
8Facebook.com – History (cont’d)
q As of July 2011, 750 million user worldwide.
q Facebook currently valued at $76 billion.
q Zuckerberg has personal worth of $15 billion.
* Facebook removes approximately 20,000
profiles everyday for various infractions, e.g.,
spam, inappropriate content, underage use.
9Facebook.com – Social Phenomenon
q Online user profiles with photos, interests,
contacts and other personal information.
q Users can upload pictures, videos, send
comments and view comments left by others.
q Users have friends.
q Can create a wall for open discussion and
dialogue.
q Includes privacy settings.
10Twitter - History
q Started in 2006 by Jack Dorsey.
q 200 million registered users who post 110 million
tweets per day.
q Currently valued at $7.7 billion.
11Twitter – Social Phenomenon
q Online social networking tool and micro-blogging
platform.
q Tweets up to 140 characters; no pictures.
q Twitters direct their musings to groups of users
who follow them.
q Content takes the form of lifestreams , random
thoughts.
12Blogs
q Website that contains an online personal journal
with reflections, comments and hyperlinks
provided by the writer.
q May include pictures and videos.
13YouTube
q Downloading of videos.
q Many taken from camera phones.
q Videos in the education context have included:
w Student fights
w Gym change room
w Washrooms
w Angry teacher in the classroom
w Student dancing at school dance.
14YouTube
q Eight Florida teenagers, six of them girls, lured a
16-year-old girl in a house and beat her.
q This was retribution for a girl-versus-girl dispute.
q While in progress, they filmed this dreadful
attack and posted it on YouTube.
15Ontario Education Act – February 1,
2008
A principal shall consider whether to suspend
if he or she believes that the pupil has
engaged in any of the following activities while
at school, at a school-related activity or in
other circumstances where engaging in the
activity will have an impact on the school
climate.
16School Climate – PPM 145
q A sum total of all personal relationships within a
school.
q When these relationships are founded on mutual
acceptance and inclusion, a culture of respect
becomes the norm.
q A positive climate exists when all members of
the school community feel safe, comfortable and
accepted.
17What about off-school conduct?
q Is there a direct and causal link between the
students’ conduct and a definitive impact on the
school climate?
q Does the conduct create a material or substantial
disruption in the school?
q Does the conduct create a poisonous environment
in the school?
18Impact on the School Climate
q Students are afraid to come to school.
q Students worried about reprisal or retaliation.
q Parents are complaining about disruption to
school environment.
q School staff are worried about their physical or
emotional well-being and safety.
q School community is traumatized by events.
19What is Cyberbullying?
q Bullying that occurs through the use of
information and communication technologies.
q For example, spreading rumours or hurtful
images or comments by means of email or text
messaging or on social media or personal
websites.
20Bullying is defined as:
q A form of repeated, persistent, and aggressive
behaviour directed at an individual or individuals
that is intended to cause distress and/or harm to
another person’s body, feelings, self-esteem, or
reputation.
q Bullying occurs in a context where there is a real
or perceived power imbalance.
21R.T. v. Durham Catholic District School
Board
q Child and Family Services Review Board.
q Released on November 21, 2008.
q Mrs. R.T. was the mother of V.K., 13-year-old
female student in Grade 8.
q In January 2008, on Facebook there were
comments made by a number of Grade 8
students.
22R.T. v. Durham Catholic District School
Board (cont d)
q V.K. wrote to victim:
U DON T WANT ME TO GET MAD BECAUSE
THE ILL KILL YOU RIGHT IN UR SLEEP OR
SCHOOL ON MONDAY.
I am gonna come to school on Monday and
kick ur ass. im gonna kill u. ok? ok!
q Victim s father informed the Vice-Principal that
he was concerned about his daughter s safety.
23R.T. v. Durham Catholic District School
Board (cont d)
q Victim s father told Vice-Principal that he had
already contacted the police and Facebook.
q Facebook closed V.K s account three times,
which she re-opened.
q Victim has trouble sleeping; she felt isolated; she
was afraid for herself and her family.
24R.T. v. Durham Catholic District School
Board (cont d)
q Victim was closing the blinds at home; always
watching over her shoulder.
q Victim s sister, a student at the school, was
negatively impacted by the threats.
q The principal recommended that V.K. be
expelled from all schools of the Board.
q In May 2008, the School Board s Expulsion
Hearing Committee expelled V.K. from her
school only.
25R.T. v. Durham Catholic District School
Board (cont d)
Issues:
q Did this infraction affect the school climate?
q Should V.K. be expelled from her school?
26R.T. v. Durham Catholic District School
Board (cont d)
Review Board Held: Yes!
q V.K. used Facebook to send emails, to
impersonate some students and to make death
threats.
q The actions of the student were extremely
serious and it would have been impossible for
the student to return to her home school.
q The climate of the school would have been
seriously affected.
27R.T. v. Durham Catholic District School
Board (cont d)
The Review Board ruled:
q The fear of significant harm generated by the
Facebook communications and the subsequent
knowledge that this was committed by one of the
pupils of the school leads the Board to find the
school climate was negatively impacted.
q There is no evidence to indicate that V.K. did not
have the ability to control her behaviour.
28Robert F. Hall Incident
q Robert F. Hall Catholic Secondary School
q January, 2007
q Student members of Facebook made
derogatory, demeaning and sexually explicit
comments about the Principal.
q Student names and dates set out in Facebook
site.
29Robert F. Hall Incident (cont d)
q 19 male and female students were suspended.
q Suspended for three to eight days.
q They blamed principal for banning personal
electronic devices and uniform policies.
q Front page story in Toronto Star on February 12,
2007.
30Robert F. Hall Incident (cont d)
Catholic Code of Conduct provides:
Using computer technology to communicate
inappropriate, demeaning, harassing or
threatening messages shall be subject to
disciplinary action. Police may be contacted.
31Robert F. Hall Incident (cont d)
q Mailing to all Parents/Guardians from
Superintendent of Education.
q Confirmation that student actions can have
ramifications at school.
q Arranging for a leading expert on bullying to lead
a school-wide presentation on cyberbullying.
q Confirmation that Facebook, YouTube and
MySpace are not permitted at school.
32The Challenge
“The challenge is to draw the line in a
way that promotes robust but respectful
discourse, and allows free expression
short of abusive speech.”
Prof. A. Wayne MacKay
33Freedom of Expression
Section 2(b) of the Canadian Charter of Rights
and Freedoms, guarantees to everyone the
“fundamental freedoms” of:
“thought, belief, opinion and experience,
including freedom of the press and
other media communication.”
34Section 1 of the Charter provides:
The Charter guarantees the rights and freedoms
set out in it subject to such reasonable limits
prescribed by law as can be demonstrably
justified in a free and democratic society.
35Striking the Balance
q In determining whether school officials can
impose restraints on constitutionally protected
free speech, these responsibilities must be
balanced with the rights of students.
36When can a School Official Impose
Restraints on a Student’s Speech:
q Hate or abusive language i.e. racist, anti- semitic
or homophobic comments.
q Material or substantial disruption in the school.
q Creates a poisonous environment in the school.
q Must have an impact on the school climate.
37How is Cyberbullying different from
other forms of bullying?
q Cyberbullies hide behind the anonymity of the
Internet.
q Communicate with remarkable speed.
q Cyberbullies do not fear being punished for their
actions.
q Believe they are outside the legal reach of
schools and school boards.
38Conducting an Investigation
q Meet with the victim of a cyberbullying and his/
her parents.
q Try to get as many details as possible.
q Ask open-ended, non-judgmental questions.
q Determine the history or background of events.
39Conducting an Investigation (cont d)
q Determine whether this was an isolated incident
or an ongoing incident.
q Determine the date and time the incident
occurred.
q Determine whether the student has any fear in
coming to school.
q Ask the student if he or she knows or suspects
that there are other victims.
40Victims of Cyberbullying should be
encouraged to:
q Do not reply to messages from cyberbullies.
q Do not erase or delete messages. E-mails can
be traced to a specific computer.
q Make copies of all messages and pictures.
q Do not be a digital bystander. If you know
people are being hurt, let them know you
support them.
41Advice to Students and Parents
q Save the following:
w E-mail addresses
w Date and time received
w Copies of relevant e-mail, with full headers
w Nickname of offending person
w Name and URL of chat room
42If the Cyberbullying is threatening:
q Change your e-mail address, account,
username or phone number.
q File a detailed complaint with the school.
q File a complaint with the Website, Internet
provider or cell phone company.
q Contact the police if conduct appears to be
criminal.
43What Schools Can Do
q Amend anti-bullying policies to include text
messaging, cell phone use and on-line bullying.
q Educate teachers, students and parents about
the seriousness of cyberbullying.
q Where appropriate, enlist the support of your IT
department or IT professional.
44What Students Need to Know
q A rule of thumb in sending any social media
message is nothing is private .
q If images or words were never created, they
cannot be distributed.
q Students should be taught how to manage their
electronic reputations.
45Social Media in the Employment
Context
q Participating in a public forum can impact the
employment relationship:
w Postings may threaten the employer s reputation.
w Postings may amount to insubordination.
w Posting may breach the employee s duty of good
faith and fidelity towards the employer.
46Social Media in the Employment
Context (cont d)
w Postings may breach privacy or confidentiality rights
of others in the workplace.
w Postings may negatively impact working
relationships.
w Time Theft - use of social media for personal
reasons on work time using school resources.
w Employers can be vicariously liable for the
misdeeds of staff.
47Blog-related Terminations
q Meet Ellen Simonetti
q She had a blog
q She was fired from Delta
Air Lines in 2004
because of pictures she
posted on her blog
(posing in her uniform)
q Has since adapted her
blog to a published book.
48Twitter-related Terminations
Former MLB pitcher Mike Bacsik was fired
from his radio hosting job for making a racist
comment on Twitter after a Mavericks-Spurs
game.
49Facebook-related Terminations
22-year-old waitress at Brixx Pizza in North
Carolina was fired after writing, Thanks for
eating at Brixx, you cheap piece of s---
camper.
50Facebook-related Termination of Benefits
q Nathalie Blanchard was on
leave from her job at IBM in
Quebec for major
depression.
q Employer s insurance
company cut monthly sick-
leave benefits after viewing
Facebook photos of
Blanchard enjoying a
birthday party, sun holiday,
and a Chippendales bar
show during her leave.
51OCT Professional Advisory - Use of
Electronic Communication and Social Media
q Released in April 2011
q Applies to OCT members, including those
working in private and independent schools.
q Advice on how best to use electronic
communication and social media with students.
52OCT Professional Advisory - Use of
Electronic Communication and Social Media
(cont d)
q Social media encourages casual dialogue.
q Innocent actions can easily be misconstrued or
manipulated.
q Professional boundaries can blur.
q The dynamic between a teacher and student is
forever changed when they become online
friends .
53OCT Professional Advisory - Use of
Electronic Communication and Social Media
(cont d)
q Some behaviours that have been disciplined:
w Inappropriate electronic communication with
students, colleagues, parents and others
w Sending sexual materials electronically to students
w Using school equipment to access pornography,
including child pornography
w Luring students and non-students via the Internet
54OCT Professional Advisory – 4 Categories
of Advice to Members
1. Interact with students appropriately.
2. Understand privacy concerns .
3. Act professionally.
4. Important questions to ask yourself.
551. Interact with Students Appropriately
q Model the behaviour you expect from students.
q Alert students to appropriate online behaviour.
q Communicate with students at appropriate times
of the day and through established education
platforms.
q Formal, courteous, professional tone.
561. Interact with Students Appropriately
(cont d)
q Do not exchange private texts, phone numbers,
personal emails, or photos
q Decline student friend requests and do not
initiate friend requests to students
q Notify parents before using social networks for
classroom activities.
572. Understand Privacy Concerns
q Operate online as a professional.
q Manage privacy and security settings and check
them regularly.
q Assume all information you post can be
accessed or altered.
q Monitor and remove content that is
inappropriate.
582. Understand Privacy Concerns (cont d)
q Ask others not to tag photographs of you without
your permission.
q Ask others to remove undesirable content
related to you.
593. Act Professionally
q Consider whether a post will reflect poorly on
you, the school, or the teaching profession.
q Use your true identity at all times.
q Avoid online criticism of students, staff, the
school, and other stakeholders.
q Avoid impulsive or heated comments.
603. Act Professionally (cont d)
q Do not incite others to make unacceptable
comments.
q Respect the privacy and confidentiality of
student information.
q Follow your employer s policies, and exercise
good judgment.
614. Important Questions to Ask Yourself
q Am I using social media to enhance student
learning, or to satisfy a personal need?
q Am I sharing this information with a student for
personal or professional reasons?
q Is this picture or comment something I would be
comfortable with students, parents, my
supervisor, my family or the media seeing?
624. Important Questions to Ask Yourself
(cont d)
q Would my peers view my posting as reasonable
and professional?
q Would I communicate like this in my community?
q Is my posting susceptible to misrepresentation
or manipulation?
q How does my online presence reflect on my
professionalism and the teaching profession?
63Food for Thought
Social networking is like being at a party.
Only a party where the whole world
can access what you said and
what you looked like.
64“Look, I’m not saying it’s going to be today.
But someday - someday - you guys will be
happy that you’ve taken along a lawyer.”
65q 4730320
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