Transcript LECTURE 24 ET.pptx

Cyber Ethics:
From Policy to Practice
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:
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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:
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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:
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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:
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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 instituteissued 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 instituteissued laptop?
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educational institute-Issued
Technology
• When could a teacher be disciplined for
cyber-misconduct on educational instituteissued 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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educational institute-Issued
Technology
• Recap on educational institute-Issued
Technology:
– A educational institute district’s right to
control student
and employee conduct is broad.
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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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What is Bullying/Cyberbullying?
• Cyberbullying versus Free Speech =
Safety First
• Site administrators inundated with claims
of bullying
• Response may be difference if on campus
versus cyberbullying
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Example of Legal Bullying /
Cyberbullying Definition:
• 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
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Cyberbullying Different than
Traditional Bullying
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Indirect, Usually Off-Campus
Affects Broader Audience
No Physical Presence
Harder to Pinpoint Victims
Harder to Prevent
ANONYMOUS
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Training Considerations
orientation, gender identity,
• Designate a point person
and transgender issues and
to train staff regarding
raise awareness throughout
digital citizenship,
the educational institute
tolerance, and bullying
community
• Designate a point person
• Educate community on how
to conduct bullying
to identify, respond to, and
investigations
prevent bullying; educate
parents on the limitations
• Bullying prevention training
placed on educational
should include discussion
institute district, to prevent
regarding sexual
bullying off campus, and
the need for parent and
community involvement
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Bullying Prevention Tips
• 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.
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Bullying Prevention Tips cont.
• Parent education
and involvement
• Improved supervision
• Consistent consequences
and social/emotional interventions
• Train all educational institute staff on how
to identify, prevent and respond
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Bullying Prevention Tips cont.
• 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)
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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!!
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