Students & Social Media

Not too long ago the highlight of our day was hearing “You’ve got mail!”

Those were simpler times when we didn’t have to worry so much about offending people with what we posted or someone sharing our status. But now, social media allows anyone, including students, to make any part of life much more public. Whether you like it or not.

Politicians, professional athletes, and celebrities are the most common groups to have their posts shared, retweeted, and broadcast across social media platforms for all to see. But lately, students have been making waves. From social justice campaigns, to controversial photos or videos, students’ social media posts can stir up some strong reactions.

So what exactly is acceptable when students decide to take their opinions online? Can students expect to have their “free speech” protected?

The First Amendment and Online Expression

In general, students have the right to freedom of expression unless it infringes on the rights of others, school safety, or interferes with the ability of a school to deliver its educational services and processes. Thus, off-campus online expression would be protected in the same way as traditional speech.

We must protect First Amendment rights of students while also recognizing that schools do have some ability, under very limited circumstances, to discipline students for off-campus speech.

But when “free speech” becomes threatening, that’s when educators need to speak up. Some instances of student social media use, including that which is off-campus, amount to misconduct that can be disciplined according to school policy.

Let an administrator know about student social media use that:

  • Breaches school policy.
  • Leads to or creates substantial disruption to the educational process.
  • Results in bullying toward students or staff.
  • Threatens school violence.

Here are some questions that may help students decipher what they should and should not do when using social media in regards to school policy.

 

Do I have the right to access social media while I’m at school?

Yes and No. It is up to the school to determine when it is appropriate to use devices that allow social media access. Some schools prohibit personal cell phones on campus and others may block certain sites on their computers and networks. Check your school’s policy to learn the rules.

 

Are my rights different if I use a school computer or device instead of my own?

Yes. Most schools have rules for their own computers and devices that you have to follow. There may be software installed that monitors your activity, including browsing history, so be cautious of the actions you take while on a shared device. And always log out of your accounts!

Can my school search for my social media activity without telling me?

Yes and No. If your school starts a social media monitoring program, they must let you and your parents know, allow you to see the information they have collected about your social media activity, and delete it when you leave the district or turn 18.

If your school does not have a monitoring program, you do not have the right to know what information teachers and officials find through their own searching on social media. Remember, anything you post publicly can be seen by anybody, including police officers, teachers, officials, and other students.

Can I be disciplined for simply expressing my opinion on social media?

Sometimes. You have the right to speak your mind on social media. Your school cannot punish you just because it doesn’t agree with your opinion. However, you can be disciplined if you say something on social media during school hours or at a school function or event that officials believe could lead to a “substantial disruption,” your school can discipline you.

You can also get in trouble for “cyberbullying” outside of school. This includes creating false profiles, impersonating other students, or creating fake pages in order to bully someone.

What is a “substantial disruption”?

Your speech is a substantial disruption when it encourages violations of school rules, illegal activities, or it risks causing a big interference with the education of other students. For example, threats to other students or your teachers using social media will likely be considered a substantial disruption.

What can I do to prevent school officials from looking at what I post on social media?

Make sure your passwords are secret so that others can’t sign in to your accounts and post as you. Manage your privacy settings to make sure only your friends see your profile and posts. And remember that the people you decide to share with may share your posts with others or in a public way.

Ultimately, with the great power of social media comes great responsibility. Whether online or offline, on-site or off-campus, student communication in the digital era is still plainly a First Amendment issue. We must keep that in mind.

Teacher Sex Crimes & Social Media

 

While there are many positives to the use of social media, there are just as many negatives. The rise in teacher performed sex acts has brought to light what advocates say is a life-threatening issue to children across the country.

Just recently, Cleveland County deputies arrested 25-year-old Emma Costner after they accused the former math teacher of performing sex acts with a 17-year-old student.

“This is a school safety issue that’s ignored,” Terri Miller, president of the Nevada-based group, Stop Educator Sexual Abuse Misconduct and Exploitation, said. “In 2016, there were 540 reports, and it spiked last year in 2017 to 698 reports.”

What is causing the sudden increase?

Experts believe one reason for this dramatic rise is social media, which makes it easier for teachers and students to communicate through text messages, Facebook and apps like Snapchat. Miller said parents should monitor their children’s phones and social media profiles and know what apps they are using at all times.

“Because you just don’t know who’s going to climb in bed with your children through that technology,” Miller said.

 

According to the most recent data from a nationwide survey of 8th- to 11th-grade students asking about incidents of unwanted sexual attention at school, nearly 7%, or about 3.5 million students, report having physical sexual contact from an adult, most commonly a teacher or coach, in their school (Shakeshaft, 2004). These students describe unwanted touching on breasts, buttocks, and genitals; forced kissing and hugging; oral/genital contact; and vaginal and anal intercourse.

Reports of educator misconduct that doesn’t include touching a student, but rather sharing pornography, sexual talk, sexual exhibitionism, or masturbation raised the proportion to about 10%, or nearly 4.5 million students (Shakeshaft, 2004).

 

What are the warning signs of educator sexual misconduct?

 

The phrase “educator sexual misconduct” was coined about a decade ago and envelops a range of inappropriate to criminal sexual behaviors that include verbal, visual, and physical misconduct. While some behavior is not criminal, all of the behaviors are unacceptable when directed by an adult, especially a school-based authority figure, toward a student.

What is most alarming is that education and programs to stop sexual abuse are directed toward children, asking them to do what adults will not — report the incidents. While children need to learn risky situation identification and refusal skills, it should not be their responsibility to ensure schools are safe places for all students. That falls on teachers and administrators.

Educators can prevent much of the sexual misconduct in schools if they know how to recognize and respond to suspicious patterns and if administrators enforce an environment of high expectations for behavior. Law enforcement recommends parents have frequent, proactive conversations with their kids about the dangers of being online. It’s one of the only ways that are effective to prevent a child from becoming a child victim because once the predator is engaged with the child, it almost is never reported– even if a sexual assault occurs.

“The child rarely reports to the parent or law enforcement, Hey I’ve been sending nude photos or I’ve been sexting with these people and now they’re extorting me or this person wants to meet me, is that a good idea?” Agent Neville said.

Agent Neville continued by saying law enforcement typically only learns of child sexual assault incidents because of parents stumble upon what has been happening. If that never happens, though, the assault will likely go unreported.