TEACHING STUDENTS ABOUT PERSONAL SOCIAL MEDIA USE AND ITS EFFECT ON

STUDENT RETENTION AND SUCCESS

Fort Wayne Teaching Conference 2016Kimberly O’Connor, J.D.Gordon Schmidt, PhD.

Indiana University-Purdue University Fort Wayne

Teaching College Students About Social Media Is Vital

The most popular online network among young adult users is Facebook, with 96 percent of university students saying they use it on a typical day.

More than 50% of Universities report having a social media policy.

23% of universities report looking up prospective students on social media for admission purposes.

Surveys of young adults (ages 18–29) show that 83% of them regularly use social media sites.

Social Media Use and Universities:

Do students have legal rights that protect them from discipline from their universities?

Do students realize that their university probably has a social media policy?

Do students understand what thePolicy means?

Do students realize that their university can discipline them for their personal social media posts?

Recent Research by O’Connor, Schmidt & Drouin

67.4% of students surveyed did not know if their university had a social media policy.

6.4% said “No.”

Recent Research by O’Connor, Schmidt and Drouin

56% of students said that they did not know if their university could discipline them for their personal

social media posts. 7% of students said “No.”

Recent Research by O’Connor, Schmidt and Drouin.

59.7% of students do not know if their university can kick a student out for their personal social

media posts. 5.4% said “No.”

Recent Headlines of Student Discipline

Colorado College Junior, Thaddeus Pryor, was suspended from campus for two years for his 6 word post on Yik Yak. In response to someone’s post #blackwomenmatter, he wrote, “They matter, they’re just not hot.”

Recent Headlines of Student Discipline

• Harry Vincent, a 19 year-old Texas Christian University student, was recently placed on “suspension in abeyance” from his school for social media posts regarding the Baltimore riots and Muslims. This was later changed to academic probation, with a punishment 60 hours of community service, and a diversity and sensitivity course. Vincent was allowed to attend school this year.

“#Baltimore in 4 words: poor uneducated druggy hoodrats.”

“Almost as tan as a terrorist. Going to be thoroughly disappointed if I am not racially profiled on my trip to Gulf Shores.”

Right To Privacy: What Do Students Think Their Legal Rights Are? Research by O’Connor, Schmidt, and Drouin.

41.6% of students believe that they have a right to privacy for their personal social media posts.

What does the law say about privacy?

Some states have laws that protect students from having their universities ask them for a list of their social media accounts and passwords. Indiana is not one of those.

Otherwise, courts have generally held that there is no right to privacy for personal social media usage because people are voluntarily posting things on social media.

First Amendment: What Do Students Think Their Legal Rights Are?

Research by O’Connor, Schmidt, and Drouin.

48.3% of students don’t know if they have First Amendment Protection for their personal social media posts or not.

Free Speech

• The First Amendment states that Congress shall make no law….abridging the freedom of speech

• Not all speech is protected. Fighting words, obscenity, threats, harassment, and defamation are not protected speech

College Students - Amanda Tatro caseMortuary Sciences major Amanda Tatro posted a series of comments about the cadaver she was assigned to work on, whom she referred to = as “Bernie.” She also made ambiguous threats against her ex-boyfriend.

The University of MN placed her on Academic Probation, gave her an “F” for her anatomy class, placed her in an “ethics” course, and ordered a psychiatric evaluation.

The MN Supreme Court sided with the university. Holding that, “schools may limit or discipline student expression if school officials reasonably conclude that it will, materially and substantially, disrupt the work and discipline of the school.”

What about Private Schools?

• Private institutions, which are not subject to constitutional considerations, may respond to student speech in accordance with school policy.

Activity: Does Your University Have a Social Media Policy For Students?

Matching Activity: Whose Social Media Policy Is it?

• Which school encourages students to use social media and connect with others using hashtags with the university’s name?

• Which school’s social media policy states that the university “may respond with disciplinary or legal action toward students who disseminate or post material that is offensive?”

Trine

Huntington University

This university’s policy states that it will not tolerate harassment or any other discriminatory conduct from students, faculty, or staff. Forms of harassment may include but are not limited to the following forms: verbal, written, texts, and social media posts. Such conduct will result in disciplinary action up to and including dismissal from the university.

Matching Activity: Whose Social Media Policy Is it?

Which University’s social media policy states that “Posts must comply with university statements on diversity, civility, and integrity.”

Indiana Tech

IPFW

Which university does not have a social media policy? Saint Francis

Matching Activity: Whose Social Media Policy Is it?

Which university’s policy states “you should make it clear that your postings, even on your private social media accounts, reflect your own personal opinions and not those of the College.”

Ivy Tech

IPFW’s Social Media Policy• Can be found at https://www.ipfw.edu/offices/marketing/services/social.html• It also applies to all IPFW faculty, staff, and student

employees, as well as members of IPFW-affiliated organizations.

• Focuses on use of logo, copyrights, confidential university communications, among other areas.

• Specifically excludes “Personal accounts owned by students and employees.” HOWEVER….

IPFW’s Social Media Policy• “Avoid confusion about personal postings. When

employees post personal opinions and mention their university work duties, the post should clearly identify the statement as a personal opinion, not an official university position.”

• “Posts must comply with university statements on diversity, civility, and integrity.”

• “Posts should never include confidential information about or from the university, its employees, students, or alumni.”

• Understand that universities can discipline students for their personal social media use.

1

• Students need to be cautious about what they post, even on Blogs and Others’ Pages.

2

• Know Your University’s Social Media policy and follow it!

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What Can You Tell Your Students?

Recent Social Media and the LawPublications

Drouin, M., O’Connor, K. W., Schmidt, G. B., & Miller, D. A. (2015). Facebook fired: Legal perspectives and young adults' opinions on the use of social media in employment decisions. Computers in Human Behavior, 46, 123-128. O’Connor, K. W. & Schmidt, G. B. (2015). “Facebook fired”: Legal standards for social media–based terminations of K-12 public school teachers. Journal of Workplace Rights. (Sage Open), 5(1), 1-11. DOI: 10.1177/2158244015575636

O’Connor, K. & Schmidt, G. B. (2015). May it please the court: Two legal cases to teach students about social media based terminations of employment. Journal of Management Education, 39, 806-811.

Schmidt. G. B. & O’Connor, K. W. (2015). Fired for Facebook: using NLRB guidance to craft appropriate social media policies. Business Horizons, 58, 571—579.