Week_3_Judicial_Review

**The "Overly" Socially Networked Teacher - Team A Case Study**
Several parents have called the Principal of Cyber Middle School to report that their kids have discovered a social networking website on which a teacher at the school, Myra Spacinsky, has posted some very racy photos of herself and other people. Myra’s page does not reference or include pictures of children or any illegal activities. The parents are upset and angry, and want the Principal to take disciplinary measures.


 * Can disciplinary actions be taken against Myra?
 * Unless there is something specific in her contract or the faculty handbook, for which she signed something, there is nothing the school can do unless she has done the work on a school computer.  Some PD for remediation/disciplinary action by administrators.
 * Yes, if the pictures are inappropriate and say words pertaining to students or sexual comments she could be suspended or lose her job. Any teacher is in a position of trust and surely this is inappropriate for not only the school, but also pupils. I would hope that any teacher would be able to be some sort of responsible role model to children at the school. Since these picture are racy and of other people she will be asked to remove them. As far as taken disciplinary action it is up to the court to decide how racy these pictures are. This link shows a situation about the case
 * []
 * I would think this could fall under a broad category of professional behavior (or unprofessional, in this instance). I would assume that most contracts or handbooks have something about professional behavior and consequences. Further, were the photos added during school hours? (that could be some grounds for discipline)
 * Morality clause states that if the behavior does not impair the ability to teach, then nothing can be done. Also, who deemed these pictures "racy"? If this is a personal page, how was it found and were there securities in place to block students. Also, were the students old enough to join the page or were they violating AUP of the social network?


 * How would this case be different if Myra had used a school computer instead of her home computer to upload the photos? What if she was posting pictures during the school day?
 * This would make it easier to discipline her.
 *  She would have to follow the school districts rules of using the school’s materials for her outside work.
 *  We are told as teachers and employees of the district that we do not do our personal work during school hours. We are supposed to do lesson plans and have department meetings with our fellow colleagues. This could affect the privacy act, but this is an incorrect way of being a role model for students. In Reutter’s book pg. 547 talks about the privacy act about drug testing. This is a private issue, but must if stated by the district then the students much follow the rules. If she is posting pictures during the school day she is not supervising her students and doing her personal work during school hours.
 * Based on the school's AUP or other policies as outlined when the computer was given to the teacher there could be a clearer line that was crossed with more specific consequences that can easily be proven.
 * There would absolutely be cause for disciplinary action if using a school computer and doing it on school time. If it were her lunch time, then it may be harder to act. Also, if the site was not blocked by the district, they are in essence condoning the social site. I still question the fact that there is no definition to "racy".


 * Would it make a difference of the webpage identified Myra as a teacher, or identified the school? What if the website only had restricted access to certain people, students not included?
 * You would have more power over the situation if Myra had said she was a teacher at the school. At the very least, Myra needs to go through some remedial training over what can and cannot be done on a personal blog.
 * T here is a privacy act on web pages so only certain things are allowed to be heard or seen. She works with children it would be much better if her occupation was not mention especially children could find her. I would not say where I work because it is very important to keep a low profile especially in the world we live in today. You do not want strangers or students to find out certain things about you. We had an incident in our school where a student made remarks and did a funny picture of her and the teacher found it and now is pressing charges. What if the website only had restricted access to certain people, students not included. It is a different story if she restricted the access to just certain people, but if someone like a school board member or superintendent sees it, it might be an issue, but there is that privacy issue. She is allowed to do things on her own time, but when you have a job like a teacher you have so many connections you do not know who knows who. Someone will eventually find out if it is not a good thing.
 * If Myra had identified herself as a teacher or named her school, I think this would be some condemning evidence for disciplinary action based on the district's policies. If her profile and pictures had limited access, this may be more difficult to prove misconduct based on district policies. However, if students/parent were still able to access the images , even with the restrictions, the case remains as an unprofessional, inappropriate action on her part. "Friending" students or parents might also be against a policy or lead to inappropriate behavior on Myra's part as well.

Interesting sidenote: Before hiring a new staff member, our director of personnel "Googles" that person to see what comes up. If there is anything questionable, he talks with the prospective hire to find out more detail or ask about what he discovered. Once recent example is he came across a new hire who had been on a reality show. I don't even remember the name of the show as it was not popular and I think only made it through one season. He called the prospective hire to ask if there could be anything about her appearance on this show that might come out and reflect badly on her or the school district. She disclosed information that was deemed acceptable and she was hired.
 * What the teacher does on her time is her business as long as it doesn't impair her ability to teach. However, Myra needs to use some common sense. Most SN have security to limit what others see and how to control who sees what. Then I ask, if Myra was a stripper on the weekends, should that effect her job as a teacher? A parent may walk in and see her, but if that part of her life is separate and does not effect her ability to teach, then who is to say what she does outside of school?

>
 * Questions you still have about the case study.
 * How were these photos accessed by the students?
 * Was the teacher "friending" students/parents?
 * Does she mention that she is a teacher in her profile?
 * Are there measure to keep images private from only those that are her friends?
 * What information does the school include in their contract about "unprofessional behavior"?
 * Does telling teachers what they can/can't do violate a teacher's 1st amendment.
 * Will there be some laws at some point that govern this type of online/social network behavior?
 * Is Myra tenured?
 * What exactly does "very racy" mean?
 * Additional comments, as appropriate, including challenges your team faced responding to the case study.
 * Does putting this information on the web make this a bigger issue?
 * Educating staff members on code of conduct/AUP..."here is where (as a district) we draw the line".
 * What is immoral or unacceptable changes from time to time and is different from district to district.

=Recording for our meeting held on 5/29/10= media type="file" key="Team A-05.29.10.mp4" width="180" height="180"