Cyber Ethics: From Policy to Practice

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What would you do?

• You go to a restaurant.• One student films others making derogatory

statements about a 13-year-old, calling her with extreme bad names and verbal assault .”

• Student who filmed posts it to YouTube from a home computer.

• Next day, victim & parent bring video to the educational institute’s attention.

• What would you do in response to the video?

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Objective

• Review what steps a educational institute district can take to promote CYBER-CITIZENSHIP in the educational institute community.

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Evolution and Integration

of Technology

in the educational institute Community

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What we’ve learned:

One voice can impact your community.

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Impact

• Because one voice can wield so much power, it is critical that your community (students, teachers, staff, administrators, educational institute board, parents, community members) understand the importance of:

CYBER-ETHICS

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Balance

• At the same time, educational institute districts must understand the limitations of their ability to police students, teachers, and others in cyber-space.

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Challenge

• Law has not caught up with technology.

• educational institute districts must operate according to statutes and case law that do not contemplate modern technology.

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Traditional Framework

• educational institute district responsible for student conduct during educational institute hours.

• “A pupil may not be suspended or expelled . . . unless that act is related to a educational institute activity.”

• Related to a educational institute activity includes, but is not limited to:– While on educational institute grounds– While going or coming from educational institute– During lunch period on or off campus.– During, while going to or from, a educational institute-sponsored

activity

(CA Ed. Code § 48900.)

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Traditional Framework

• The traditional framework for educational institute district jurisdiction for student discipline is based on geography.

• Based on this traditional framework, we will apply modern day (and modern technology) misconduct scenarios and provide guidance on educational institute district ability and responsibility to discipline such conduct.

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Cyber-Ethics Webinar Overview

• We will look at the promotion of student and employee cyber-ethics in their usage of:– educational institute-Issued Technology– Personal Technology Off Campus– Personal Technology as Instructional Tool– Personal Technology On Campus

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educational institute-Issued Technology• What is “educational institute-issued

technology”?

Examples: – Laptops– E-mail Accounts – I-Pads– On-Line Access

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educational institute-Issued Technology• Unethical use of educational institute-issued

technology includes any conduct that violates a educational institute policy, which may include:– Access to impermissible websites– Hacking– Stolen passwords– Bullying– Sexual harassment– Threats

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educational institute-Issued Technology• What is a educational institute districts

authority to search educational institute-issued technology:– For students?– For staff?

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educational institute-Issued Technology

• What if a teacher is on their prep. period, lunch break, or returns to the classroom in the evening to use a educational institute-issued laptop?

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educational institute-Issued Technology• When could a teacher be disciplined for

cyber-misconduct on educational institute-issued technology?– When the misconduct is immoral,

unprofessional, a persistent violation of educational institute policy, or any of the additional grounds for discipline.

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Promoting Cyber-Citizenship on educational institute-Issued Technology• Thorough policies on acceptable use of

educational institute issued technology– Separate policies for students and teachers– Expressly state no privacy interest– Must they be signed?

• Educate students and staff on District acceptable use standards and serious consequences for violation.– No privacy interest / forensic IT investigation

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• Recap on educational institute-Issued Technology:– A educational institute district’s right to

control student and employee conduct is broad.

educational institute-Issued Technology

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Cyber-Ethics in Cyber-Space

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Cyber-Ethics in Cyber-Space

• Under the traditional discipline framework, it is more difficult for a educational institute district to promote ethical conduct in cyber-space.

• When are social networking, YouTube and blogging considered “related to a educational institute activity”?

• When does social networking, YouTube and blogging demonstrate “immoral conduct” or “evident unfitness to teach”?

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Student Right to Free Speech • Tinker v. Des Moines

– educational institute district may restrict speech if it is reasonably foreseeable that there will be a substantial disruption to the orderly operation of the educational institute.

• J.S. v. Blue Mountain SD & Layshock v. Hermitage SD

• T.V. v. Smith-Green Commty. educational institute Corp.

• J.C. v. Beverly Hills USD

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What Constitutes a Substantial Disruption? Courts found student discipline to be justified when:• A educational institute district could reasonably

foresee that violent or threatening speech would cause a substantial disruption

• Administrators missed educational institute activities in order to respond to a deluge of phone calls and parent complaints (but substantial disruption had to me more than administrators being pulled away from ordinary tasks)

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What Constitutes a Substantial Disruption? (cont.)•Substantial disruption requires more than:

– Mere gossip;– Groups of students talking about an incident

two or three times in class;– “Divisiveness” among teammates; or – A few students missing portions of one or two

classes to participate in educational institute investigation of online speech.

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• Cyberbullying versus Free Speech = Safety First

• Site administrators inundated with claims of bullying

• Response may be difference if on campus versus cyberbullying

What is Bullying/Cyberbullying?

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• Any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, that has the effect of or can reasonably be predicted to have the effect of: – placing a reasonable pupil in fear of harm to his or her person or

property– causing a reasonable pupil to experience a substantially

detrimental effect on his or her physical or mental health– causing a reasonable pupil to experience substantial

interference with his or her academic performance– causing a reasonable pupil to experience substantial

interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a educational institute

Example of Legal Bullying / Cyberbullying Definition:

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• Indirect, Usually Off-Campus• Affects Broader Audience• No Physical Presence• Harder to Pinpoint Victims• Harder to Prevent• ANONYMOUS

Cyberbullying Different than Traditional Bullying

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Training Considerations

• Designate a point person to train staff regarding digital citizenship, tolerance, and bullying

• Designate a point person to conduct bullying investigations

• Bullying prevention training should include discussion regarding sexual

orientation, gender identity, and transgender issues and raise awareness throughout the educational institute community

• Educate community on how to identify, respond to, and prevent bullying; educate parents on the limitations placed on educational institute district, to prevent bullying off campus, and the need for parent and community involvement

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• Embed a campaign to promote citizenship throughout the educational institute community in back-to-educational institute and educational institute safety materials.

• Evaluate and update all applicable educational institute policies to include responsible use of new technology.

• Implement a mechanism for the educational institute community to anonymously report bullying.

Bullying Prevention Tips

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• Parent education and involvement

• Improved supervision• Consistent consequences

and social/emotional interventions• Train all educational institute staff on how

to identify, prevent and respond

Bullying Prevention Tips cont.

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• Establish District-wide or educational institute-wide expectations

• Implement consistent and escalating consequences

• Create individualized intervention plans• Respond immediately to reports of bullying• (Building a Caring educational institute, Celeste Campbell, Ed.D)

Bullying Prevention Tips cont.

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Employee Cyber-Ethics:What would you do?• Receive anonymous call from a parent

directing you to a Craigslist ad.• Ad is a photo of a middle educational

institute teacher, nude images of his body and graphic, vulgar text soliciting sex.

• His name and employment information are not included in the ad.

• Site is restricted to people under 18.

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CPC (Commission for Personal Conduct• Teacher as role model• Cyber conduct caused principal to lose

confidence in teacher’s “fitness to teach”• Slippery slope: Could a Match.com ad

cause a principal to lose confidence in a teacher?

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Employee Conduct / Misconduct?

• Blogging about working conditions?

• Organizing a strike?• Complaining about

students, parents, board members???

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Personal Technology Off Campus

• Bottom line for student / employee conduct on their own technology on their own time:– educational institute district has little jurisdiction to

discipline students unless it can be shown that the conduct is reasonably foreseeable to cause a substantial disruption to educational institute operations.

– For employees, conduct may also be grounds for discipline if the conduct still falls within the enumerated grounds, despite being off-campus, just be cautious of collective bargaining implications.

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Personal Technology as an Instructional Tool

From the Classroom Wall to the Facebook Wall: Inviting the Outside In

Small group assignments on Facebook

Posting student made videos on YouTube

Campus or District Facebook Page

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Law Has Not Caught Up with Technology• Inviting the Cyber-World into the classroom is rife

with legal problems.• Legal perspective: Not trying to stand in the way

of education innovation, but trying to assist educational institute districts in implementing innovative technology responsibly.

• Attorneys role is to anticipate potential legal pitfalls and provide tools (i.e. policy and instruction) on how to prevent those pitfalls.

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Personal Technology as Instructional Tool - Hypo #1

• Under CIPA, a educational institute district must monitor and filter educational institute district internet use. – How would the District monitor Facebook if it

is required as an instructional tool? – What if the District saw misconduct

while monitoring?

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Personal Technology as Instructional Tool - Hypo #2

• Students create a classroom project on video and post it on YouTube.– Do educational institute

District photograph / video waivers include this scenario?

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Personal Technology as Instructional Tool - Hypo #3• The campus Facebook page becomes a

forum for student, teacher or parent complaints about the District. – How much authority does the educational

institute district have to remove posts?– What if an administrator is tagged in a

vacation photo in a bathing suit by a family member, can all Facebook “friends” on campus page view it?

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Personal Technology as Instructional Tool• To the extent a educational institute

district is going to utilize outside technology as an instructional tool, educational institute policies should be put in place to promote cyber-citizenship in social networking, blogging, YouTube, etc.

• It has not yet been tested in the law how enforceable such policies are.

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Teachers and Students as “Friends”

• By the creation of a virtual “social network” through technology that is no longer tied to the educational institute site, there has been an explosion of inappropriate teacher-student conduct and relationships.

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Teachers and Students as “Friends” - Hypo #1• Teacher has a weekend job at Hooters wearing

skimpy clothes.• Hooters photos posted to her Facebook wall. • Teacher is friends with 6th grade students.

– Is this immoral or unprofessional conduct?– Can a educational institute site prohibit a teacher

and student from being “friends” on social networking sites?

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Teachers and Students as “Friends” - Hypo #2• Teacher and Student are Facebook

friends. • A photo is posted to Student’s wall of

the Student smoking marijuana.– Does this trigger the teacher’s duty to

report abuse and neglect to the police or CPS as a mandatory reporter?

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Promoting Cyber-Ethics in Social Networking• Encourage teachers not to friend students. • If social networking is interwoven into the

educational process, encourage teachers to exercise good judgment in “socializing” with students. – For example, teachers may want to create a a

separate professional and personal Facebook page.• Train teachers on the danger of students viewing

inappropriate content on their wall and the impact mandatory reporting when they view misconduct on student walls.

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Teachers and Students as “Friends”• An Inappropriate / sexual relationship

between a teacher and student is grounds for dismissal as immoral conduct (even if the student is 18).

• Knowledge of or reasonable suspicion of a teacher and a student having an inappropriate / sexual relationship will likely trigger a teacher’s mandatory reporting duty.

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Personal Technology On Campus• It’s a bird, it’s a plane,

it’s a. . . Personal Electronic Device!

• Almost every person now carries a phone, a camera, a video camera, a twitter account, and Facebook access . . . in their pocket!

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Personal Technology On Campus• While on campus, a educational institute

district can promote cyber-ethics on personal electronic devices through a “cell phone” policy.

• Districts vary on acceptable times of use and rules regarding confiscation.

• Cell phone policy should be updated to include all functions of a personal technology device and may be blended with photograph and video policy.

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Personal Technology On Campus• Cell phone policies should be cautious

about student search and seizure procedures.

• Klump v. Nazarath: Parents sued educational institute for violation of privacy rights.

• Reasonable suspicion = “justified at inception” and “reasonable in scope.”

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Personal Technology On Campus

• Does your District issue cell phones to staff?

• Do teachers have a privacy interest in a educational institute district issued phone?

• City of Ontario v. Quon

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Personal Technology On Campus• Emergency exceptions

in cell phone policies (pros and cons)

• Emergency Communications Plan

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Witsell Case Example

• In Witsell, a educational institute social worker provided mental health counseling and had the student sign a no-harm contract.

• The social worker did not notify site administrators or student’s parents of the counseling or cuts.

• The following day, the 13 year-old hung herself and died.

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Conclusion: Promoting Cyber-Ethics

• To promote cyber-ethics:– Have clear policies in place.– Update policies as technology evolves. – Train students and staff on acceptable use

and cyber-citizenship.

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Thank you!!