PITFALLS & PROMISES OF SOCIAL MEDIA IN EDUCATION

Charles P.E. Leitch, J.D.Copyright © 2010 Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S.

PITFALLS &PROMISES OFSOCIAL MEDIAIN EDUCATION

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RCW 28A.300.285 Definition of HIB:

(a) Physically harms student or property;(b) substantial interference with student's

education;(c) Is so severe, persistent, or pervasive that

creates intimidating or threateningeducational environment;

(d) Has the effect of substantially disruptingorderly operation of school

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8/18/2011 3

NEW CHALLENGES WITHTECHNOLOGY (&CYBERBULLYING)

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8/18/2011 4

TEASING“FUN”

vs.

BULLYING“MEAN”

Where’s the Line?What’s the Difference?

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A Changing Landscape…

• Social Networking Communities -– Facebook, LinkedIn, Ning

• Twitter - microblogging at 140 characters• Blogs - online comment posting• Wikis - interactive webpage where

everyone can post content– Wikipedia

• Others - Google Wave or Docs, YouTube

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•79% of adults useinternet

•90% adults 18-29•93% Teens 12-17

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Access to Inappropriate Content…

• 25 million sites are pornographic (12%)• 2.6 billion emails per day• 25% of all search requests (Over 68

million a day)• 35% of all downloads• 34% of internet users experience

unwanted exposure• 11 years of age first exposure

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8/18/2011 9

SOCIAL MEDIAIS BIGGER

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The Revolution Grows…

• 1 in 5 couples married last year met viasocial media

• YOUTUBE – Over 2 billion videos vieweda day

• FACEBOOK – over 100 million imagesuploaded a day

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The FACEBOOK Revolution Grows…• Approaching 700 Million users• “facebook” most searched term in 2010• 1 out of every 13 people on Earth on it• 48% of 18-34 yoa users check page

before getting out of bed

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8/18/2011 12

You can be whoever you want to be

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8/18/2011 13

Over 4 BILLIONcell phones in theworld

•Over 1 Billion areSMARTPHONES•Over 3.05 BillionSMS enabled

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8/18/2011 14

How are cell phones used?

•76% Take a Picture•72% Send or Receive Text Messages•54% Send a Photo or Video•34% Play a Game•34% Send or Receive Email•38% Access the internet•33% Play Music•30% Send or Receive I/M•34% Record a video•23% Access a Social Networking Site•20% Watch a Video•15% Posted a Photo or Video Online•11% Purchased a Product•11% Make a Charitable Donation•10% Access Status Update Service*

Pew Mobile Access 2010

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Some CONTEXT:• American teens (13-17) send

or receive 3,339 texts amonth

• Teen females, send andreceive an average of 4,050texts per month

The Nielsen Company, 2010.

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Cyberbullying means lots of things…

• Posting mean things• Pretending to be someone• Telling everyone to ignore someone• Sharing personal stuff or tricking

someone into sharing• Sending mean things over and over

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It could be CRIMINAL…

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RCW 9.61.260 - Cyberstalking

• Harass, intimidate, torment, embarrassvia electronic communication:

– lewd, indecent, or obscene words,images or acts

– Anonymously or repeatedly

– Threatening injury on person or property

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• COPPA- Children’s Online PrivacyProtection Act (2000)– Applies to the online collection of personal

information for children under 13– Operators directed at children must provide

notice of intent to collect information

• CIPA- Children’s Internet Protection Act(2000)– Requires schools to use internet filters that

protect against access to obscene material andmonitor internet use by minors

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Broadband Data Improvement Act (2008)• Covers E-Rate grants for connectivity:

– Certification that schools are:• Educating Minors about appropriate online

behavior• Interaction on social networking sites and

chatrooms• Cyberbullying awareness and response

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CDA- Communications Decency Act: 47U.S.C. Sec. 230– Website publishers and users may be insulated

from certain claims related to User GeneratedContent where created by third-party

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Stored Communications Act

• Makes it an offense to intentionally accesswithout authorization a facility throughwhich an electronic communication serviceis provided and thereby obtain access to awire or electronic communication while it isin electronic storage in such system.– 18 U.S.C. § 2701(a)(1).

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First Amendment• No law respecting establishment of

religion or prohibiting free exercise thereof;• Or abridging the freedom of speech or of

the press;• Or the right peaceably to assemble, and to

petition the Government for a redress ofgrievances

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1st Amendment authority unsettled

Tinker v. Des Moines Ind. S.D. (1969)• Speech can be restricted if “substantially

interferes” with educ. environment or rightsof others

Bethel School Dist. v. Fraser (1986)• Offensive speech on school grounds can be

prohibited if infringes on rights of others orinconsistent with school’s values

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Off-campus conduct sole basis fordiscipline?• Document “substantial disruption” or

speech “substantially interfering” witheduc. environment or rights of others

• Beware concept is a moving target– Some exceptions (Threats)

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Fourth Amendment• The right to be secure against

unreasonable searches and seizures• Searches upon probable cause• Particularly describing the place to be

searched, and the persons or things to beseized

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4th Amendment Issues

New Jersey v. T.L.O. (1985)• School officials only need

“reasonable suspicion” of violationof school policy or law to search

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• Seeing something in plain view not asearch

• School: reasonable suspicion• Reasonable at inception AND in scope

Search and seizure

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• Courts yet to address hownotions apply to electronicdevices

Evolving Gray Area…

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4th Amendment & Searching Phone• When is search justified? (DEPENDS)• Can you obtain consent? (YES)• Hold for law enforcement? (MAYBE)• Can School Policy play a role? (YES)

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8/18/2011 31

REGULATING SOCIAL MEDIAWILL NEVER BE SIMPLE

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On internet everything travels

FAST and FAR

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8/18/2011 33

Viewed over 900 milliontimes

INTENDED TO BEPRIVATE

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Sexting

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Sexting should be a focus

• Multi-dimensional issue– Can be considered child pornography– Often a tool for cyberbullying– Courtship issues

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How often to teens send or receivesexually explicit materials?

18% had someone send themnaked pictures or videos ofthemselves

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Washington Child Pornography Laws

• Apply to minors• If convicted many

laws requireregistration as sexoffender

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Criminal Prosecutions in Washington• The Case of A.V.

• A.V., 16 years old, took nude pictures of hisgirlfriend

• They broke up• A.V. took the pictures to school and showed them

to some of his school mates• Convicted of dealing in depictions of a minor

engaged in sexually explicit conduct andpossession of depictions of a minor engaged insexually explicit conduct

• A.V. will have to register as a sex offender

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“2 Des-Moines teens filmed having sex atparty”

“I don't think they would do it ifthey knew the consequences. Ithink that they should beeducated on it, and if they knew,they probably wouldn't havedone it.”

- Junior

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8/18/2011 40

TEACH GOOD DECISIONMAKING

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Worry if you want to get a job…

• According to 2009 study, 45% ofemployers research applicants’ socialnetworking pages

• 35% of them found content thatcaused them to not hire prospectiveemployees

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EMPLOYEECHALLENGES

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We KNOW THATEmployees LIKESocial Media….

• 50% ignore company policy on socialmedia access

• 27 % knowingly alter settings on employerdevices to access restricted applications

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BEWARE the frolleague• Co-workers that send friend

requests• 2008: 47% of LinkedIn

accepted them• 36% felt an obligation to

accept• 73% wanted to keep them

separate

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Pietrylo, et al. v. Hillstone RestaurantGroup d/b/a Houston’s

• Invitation-only MySpace pageallowing employees to ventdissatisfaction

• Employee “coerced” to provideaccess

• Employees Terminated

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8/18/2011 46

Do NOT get overzealous inregulating staff socialnetworking

Prohibit employees “fromelectronically posting in publiclyaccessible websites anystatements, documents, orphotographs that might cast theemployee, the students, or theDistrict in a negative,scandalous, or embarrassinglight”?

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The Storm On Supervision is here:

• “Man used 'Call of Duty' to pick up KingCounty boys”- Seattle Times, June 2, 2010

• “Teacher charged in texting case” – TheTacoma News, November 7, 2007

• “Teacher solicited minor via Facebook”– NBC News, Austin, December 11, 2008

• “Ellis Co. Teacher Arrested For OnlineSolicitation” – CBS Dallas Fort Worth Local News, November 14, 2008

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Louisiana –2009:

• Prohibit electronic communication withstudent for purpose not related toeducational services except with animmediate family member

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Missouri – July 2011:

• Teachers cannot establish, maintain, oruse a work-related website unless it isavailable to school administrators and thestudent’s guardian

• Teachers cannot have a non-work-relatedwebsite that allows exclusive access witha current or former student

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Contact has to be open & supervisedby the system…• Should not have electronic relationships

with students UNLESS:– Independent pre-existing relationship exists– Parents/guardians and school is aware and

approves– Remain vigilant as to privacy of your media

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• Where teacher using social media, or ownwebsite for, it is critical that District beaware and have supervisory scheme inplace in advance. Approval process!

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SOCIAL MEDIASupervision:

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8/18/2011 52

WE HAVE TOSWITCHSTUDENTS TOSOMETHING

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8/18/2011 53

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8/18/2011 54

OPPORTUNITY FORMISCHIEF

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Increasing Notice of Expectation• Student Code of Conduct• Technology on Campus Rules

– Prohibit sexually explicit images– Searchable

• Boundary Invasion Policy• HIB Policy• Acceptable/Responsible Use Agreements• Student Training

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Bystanders are being regarded moreand more as participants

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New Approaches…

• Range of interventions:– In School Suspensions– Conferring with students and parents– Follow-up Education to stakeholders– Problem-solving process or class– Safety plans– Behavior contracts

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8/18/2011 58

Law enforcementoften can do moreif facts merit it

They can issuewarrants forwebsites outside ofa District’s domain

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8/18/2011 59

CONFIRMPOLICIES& RULES

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8/18/2011 60

GIVE NOTICEOF AND TRAINALL ONEXPECTATIONS

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8/18/2011 61

UNDERSTANDLIMITS & ASKFOR HELP

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PITFALLS & PROMISES OF SOCIAL MEDIA IN EDUCATION

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