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Social Media: Campus Policies and Protocol

A webinar prepared by Derek DeVries and Paperclip Communications. February 17, 2011.

Derek DeVries

on 19 February 2013

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Transcript of Social Media: Campus Policies and Protocol

Social Media: Campus Policies and Protocol [Presented by PaperClip Communications and Derek DeVries] 2.Legal Framework for Social Media 1.Social Media Landscape 3.Strategies for Drafting Social Media Policies Identify Your Audiences Audience (1) Faculty
Student Employees
Contractors [Employees] Audience (2) Prospective
Alumni [Students] Audience (3) Voters
Neighbors [Community] (to your campuses) Audience (4) Traditional MSM
Citizen / Hyperlocal
Student News
Interest-Specific [News Media] Audience (5) Local
State Gov't
Accrediting Agencies
Oversight Groups [Government] Audience (6) Vendors
Anti-Public Education Interests [Others] Legal Issues Platforms You'll Be Concerned With [General] Facebook
YouTube Linkedin
MySpace Platforms You'll Be Concerned With [Employer-Specific] Jobitorial.com
TelOnU.com Platforms You'll Be Concerned With [Interest-Specific] Teaching
Higher Ed Union
News Platforms You'll Be Concerned With [3 Types] General Social Media
Interest-Specific (Formerly JobVent.com) Platforms Features Change

Owners Change Keeping Up With the Platforms
Monitoring Jobitorial Formerly JobVent
CollegeACB formerly JuicyCampus
Friendster owned by Facebook Facebook Groups Revamped
Twitter Redesigned (RTs, Home Screen)
Youtube adds Editing Features Social Media Policy Issues in Context Natalie Munroe suspended for blog comments
comments posted a year ago
discovered recently by student & forwarded to others
now responding to controversy on her blog City of Anniston,AL started monitoring employees on S.M.
new policy banning negative comments about the city bans content that would "embarrass the city" Case
Studies Ravern Johnson tweeted complaints about team/fans

suspended - team banned from Twitter

good ex. of longevity [Mississippi State Guard] [High School English Teacher] "I hear the trash company is hiring."
"I called out sick a couple of days just to avoid your son."
"Rude, beligerent [sic], argumentative f**k."
"Just as bad as his sibling. Don't you know how to raise kids?"
"Asked too many questions and took too long to ask them. The bell means it's time to leave!"
"Nowhere near as good as her sibling. Are you sure they're related?"
"Shy isn't cute in 11th grade; it's annoying. Must learn to advocate for himself instead of having Mommy do it."
"Too smart for her own good and refuses to play the school 'game' such that she'll never live up to her true potential here."
"Am concerned that your kid is going to come in one day and open fire on the school. (Wish I was kidding.)" [From just this past month] Audiences determine who you are:

accountable for

accountable to Radical Transparency Losing Control of Data Online International Data Corp. est. we'll produce 1,800,000,000 terabytes data in 2011
Google indexed around 27 billion web pages last month
Facebook users share 30 billion pieces of content each month "Privacy Zuckering" term for deliberately-confusing privacy settings Facebook uses to get users to inadvertently publish more information online than they intend to. [Wired Magazine, December 27, 2010] Public Ed Has an Advantage Freedom of Information Act (FOIA)
Open Meetings Act "Dooced": getting fired as a result of something posted on one's blog Refers to Heather B. Armstrong who was fired in 2002 for her blog dooce.com 2002 Intellectual Property
Health Insurance Portability and Accountability Act (HIPAA)
Open Meetings Act Legal Issues Freedom of Information Act (FOIA)
Family Educational Rights and Privacy Act (FERPA)
Academic Freedom
National Labor Act Legal Issues Current Environment Significant Anti-Public Education Sentiment
Funding/Budgets Touchy Subject Strategy [4 B's] (1) Be Aware of the Current Environment (2) Be Realistic (3) Be Proactive (4) Be Practical Political Interests Looking for Ammunition
Ed. Professionals Held to Higher Standards Current Environment Reality Can't block them off-hours
Smartphones put social media access beyond reach of AUA / Web Filters Impossible to block employees from social media Reality To be transparent and disclose more information online
To make organizations more accessible via social media Pressure mounting: = + Reality Best to work WITH social media, not AGAINST it. Proactive Monitoring: being aware allows you to intervene early Proactive Provide Ongoing Assistance / Guidance
Regular Training Sessions (Keep up With Trends) Proactive Develop Resources for Employees (Entice Them) Strategy / Counsel
Graphics / Photos / Video
Software / Services Goal: Avoid turning situation into a legal matter. 4. Online Reputation Management [How-to] Practical K.I.S.S.
Try to Limit to One Page
500-1,000 Words (i.e. something people will actually read) Practical General Policies are Best Given Rapid Evolution of Technology Practical U.S. Army Corps of Engineers has a 28,000-word policy Practical Keep Simple by Linking Back to Exisiting Policies
Social Media, While Revolutionary, is Just Another Form of Communiation Social Media Policy Employee Handbook Student Code of Conduct Authorized User Agreement Graphic Identity Guide State / Federal Law Aspects of Case Law: Unique Features of Education
Employer/Employee Issues
Personal Privacy Issues
First Amendment
Public Good "Facebook Firing" Dawnmarie Souza fired after making disparaging remarks about supervisor on Facebook
Settled before trial
Nat'l Labor Relations Board defended Souza "Facebook Firing" Dawnmarie Souza v. American Medical Response Case: (2010) "Pickering" Marvin L. Pickering wrote letter to newspaper criticizing Township Board of Education's handling of Bond Proposal and was terminated
Finding: Supreme Court held Pickering's 1st and 14th Amendment Rights Violated "Pickering" Pickering v. Illinois Board of Education Case: (1968) "Facebook Firing" Finding: Employees have free speech rights on social media
Gray areas: Souza had previous performance complaints
No court precedent set "Ceballos" District Attorney Richard Ceballos notified defense attorneys that a sheriff's deputy lied on an affadivit and was subsequently fired
Ceballos argued he had a First Amendment right to free speech "Ceballos" Garcetti v. Ceballos Case: (2006) "Ceballos" Finding: Supreme Court held "statements made by public employees pursuant to their official duties are not protected by the First Amendment from employer discipline" "MySpace Teacher" Jeffrey Spanierman of Ansonia, CT was fired after a guidance counselor discovered inappropriate peer-to-peer contact with students via MySpace.
Content included overly-personal conversations & photos of nude men w/ inappropriate comments "MySpace Teacher" Spanierman v. Hughes Case: (2008) "MySpace Teacher" Spanierman deleted 1st page on advice of colleague, but created 2nd page covertly (similar content)
Finding: district court judge determined the conduct was unprofessional given teacher/student roles and "likely to disrupt school activities." "Private Email" Marina Stengart was involved in litigation against her employer
Prior to leaving her job, she communicated with her attorneys using an employer-provided laptop to access a private Yahoo! email account. "Private Email" Stengart v. Loving Care Agency Case: (2009) "Private Email" During discovery, employer's attornerys were able to access cached emails and attempted to use them in court
Stengart's attorneys sought restraining order against using emails in court "Private Email" Finding: New Jersey State Supreme Court held plaintiff had reasonable expectation of privacy given password-protected, web-based nature of Yahoo! email "Critical Blog" Tara Richerson was a mentor for new faculty at Central Kitsap School District in Silverdale, WA
Position required she be able to create "trusting mentor relationships" and provide "honest, critical and private feedback" "Critical Blog" Richerson v. Beckon Case: (2009) "Critical Blog" Richerson published a blog criticizing co-workers, union representatives and employer (racially-loaded tone to some comments)
Richerson was moved out of her position to a classroom position and subsequently filed suit "Critical Blog" Finding: Ninth Circuit Court of Appeals held "legitimate administrative interests" outweighed Richerson's right to free speech and affirmed employer's right to transfer her "Drunken Pirate" Stacey Snyder was a teacher in training at Millersville U in PA and uploaded photos of herself to her MySpace profile captioned "Drunken Pirate": "Drunken Pirate" Snyder v. Millersville University Case: (2009) "Drunken Pirate" Snyder was denied teaching degree due to "unprofessional" conduct
Example of environmental context - current societal problem of underage drinking factored into view of behavior. "Drunken Pirate" Finding: Federal District Court held Snyder was not protected by First Amendment because her speech was personal and didn't relate to matters of public concern (ie whistleblowing) Conclusions: Law Behind Tech
Difficult to Legislate
Case Law Not Firm Timeline 1968 Separate Policies? For employees (generally)
For employees using social media on behalf of the organization
For different populations based on role (ie students) Lessons Learned: Common theme among administrators who have dealt with social media crises (and crises in general) is wishing they would have communicated more and shaped discussion (public opinion) 1.Audit STEP Primary way of finding problematic content
Also primary way to find positive content Importance of Positive Content Amplifying positive voices builds cushion for when negative content inevitably appears (can drown it out) Many Tools
for Automating Monitoring alerts.google.com
www.yacktrack.com [Tools] 2.Monitor STEP Use an RSS feed reader like reader.google.com to save time
Set up feeds for as many search tools as you are comfortable using 3.Engage STEP Do no Harm
Do Research
Do the Right Thing Rules Streisand Effect: when you attempt to conceal something, which draws attention to that thing - intensifying public scrutiny Use the Analytics Mashup Bombs "Private Email" Relevant to Cloud Computing and data / services stored by third parties
Stored Communications Act (18 U.S.C. 2701-11) protects data in storage "Survey" Sheila Myers, Asst. Dist. Attorney resisted transfer and was fired by supervisor D.A. Harry Connick Sr. after circulating a questionnaire about Connick's management abilities to other prosecutors "Survey" Connick v. Myers Case: (1983) "Survey" Finding: Supreme Court held Myers' survey did not constitute a matter of public concern and was not protected under Pickering
"[...] the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs." 1983 2006 2008 2009 2010
Full transcript