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Page 1: Wakefield staff

School Law and Technologyfor the

Minden Staff

Karen Haase(402) 804-8000

[email protected]

KSB School Law

@KarenHaase

Page 2: Wakefield staff

This is not your Grandma’s Inservice

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Social Networking Examples

• Facebook• Twitter• Instagram• Snapchat• Vine• Kik

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Teacher Use Causes for Concern

• Drug/Alcohol Use• Sexual Inappropriateness• Inappropriate Communication

with Students• Inappropriate Communication

about Students• Selling School Property

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Nebraska Law NEB. REV. STAT. §§79-824, 79-827 Reasons for Termination and/or

Cancellation:• Unprofessional Conduct• Immorality• Other conduct which

interferes substantially with the continued performance of duties

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My Suggestions Make a professional page separate

from your personal page Don’t “friend” students or parents

on your personal page Don’t let yourself be depicted

behaving unprofessionally Ask: will this affect my classroom?

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Social Media is Here to Stay

Ed. Professionals are using social media• 85% of Americans use social media

monthly• Twitter grew over 500% in the last year• More video is uploaded to YouTube in 60

days than big 3 networks created in 60 years

Facebook dominates social media• 500 million users as of July, 2010• 50% of active users log on daily • Average user has 130 friends• Largest group of users aged 35-54

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Cyberbullying of Staff

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J.S. v. Blue Mountain Sch.

Middle School Student made fake MySpace profile for principal

• Included photo from school website• Initially public; then limited• Students could only access off

campus• Student suspended for 10 days;

parents sued

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Layshock v. Hermitage Sch.

High School Student made fake MySpaceprofile for principal

• Included photo from school website• Other students created similar and

more offensive profiles • Students only accessed off campus• Student suspended for 10 days;

placed in alt. sch, banned from extracurriculars, no commencement

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J.S. and LayshockInconsistent

Third Circuit granted en banc rehearing

Oral Argument June 3, 2010

Decision issued June 13, 2011

The Bottom Line?

• Schools lost both cases

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J.S. and Layshock Key legal points

• School can’t punish off-campus speech because it is vulgar, inappropriate or even criminal

• School can only punish off-campus speech that is substantially disruptive

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Yik Yak

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Rumor/Confession Accounts

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Rumor/Confession Accounts

Anonymous Twitter feeds Allow other Twitter handles to

submit private messages to the owner of the rumor account

Messages are tweeted “anonymously” for anyone to read

Some mention specific people, others are general

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Poof

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Hide it Pro

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Poof/Hide It Allows users to select apps that will be hidden on phone Sometimes appears as innocuous app (e.g. audio player, calculator)

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Whisper

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Whisper•Users can post confessions anonymously, using images

•Searchable by topic•Searchable by location•Lot of photos of scantily clad men and women with a/s/l

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Down (Bang with Friends)

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Down/BWF Users can look through Facebook

friends If any of them also have the app

then you can anonymously pick the ones would like hook up with If the other person also picks you

then the two of you are notified Then app serves as a chat system

Page 30: Wakefield staff

School Law and Technologyfor the

Minden Staff

Karen Haase(402) 804-8000

[email protected]

KSB School Law

@KarenHaase


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