The Challenge of Technology:Social Media, Cell Phones, and Cyberbullying

How social media has an effect on teachers and their personal lives

What policies schools have in place to curb the use of cell phones for anything other than school use?

What can happen if a teacher is unaware that they have been recorded?

Cyberbullying:

For our purposes, this presentation will focus on:

What are some of the effects on students who are cyber-bullied? What are the statistics? What happens when educators are cyber-bullied? What school policies and laws have been developed in response to cyber-bullying? What is your responsibility as a teacher when it comes to dealing with cyber-bullying?

Social Media – How Does this Impact you as a Teacher?

Social media sites such as Facebook have created many problems for teachers, by bringing what used to be their private life into the public sphere.

“Teachers sometimes forget that social networking online is not private. Online mistakes by teachers have damaged their employment, their careers, their livelihood and their personal reputation” (Alberta Teachers’ Association, NA)

“Teaching is a public profession. Canada’s Supreme Court ruled that teachers’ off-duty conduct, even when not directly related to students, is relevant to their suitability to teach. Members should maintain a sense of professionalism at all times – in their personal and professional lives.” (Ontario College of Teachers, NA)

If you choose to post something questionable, what could the consequences be?

The Supreme Court of Canada has ruled that unprofessionalism is grounds for dismissal, whether on or off-duty! Suspension or dismissal of teachers because of “unprofessional pictures on Facebook”

Betsy Ramsdale (left), a middle school teacher from Wisconsin, USA, was placed on administrative leave for posting this photo of herself on Facebook.Ashley Payne (right), a high school teacher from Georgia, USA, thought her Facebook comments and photos, such as this one, were well hidden behind Facebook’s privacy settings. She is currently fighting in court to get her job back. (Teachers Beware, pg. 16)

The Alberta Teachers’ Association Code of Professional Conduct states that in relation to the profession “The teacher acts in a manner which maintains the honour and dignity of the profession.” Teachers are professionals and are expected to uphold professional behaviour at all times, even online. (Alberta Teachers’ Association, NA)

Teachers are members of the teaching profession and need to behave as role models.

Ethically speaking, your behaviour outside of the classroom can have a direct impact on you, your students, parents, school, and community. Any behaviour or action that could be seen or viewed by someone else can lead to a loss of confidence in your ability to be a good role model, it is also open to misinterpretation and alteration.

As a teacher you have a fiduciary responsibility to contribute to the well-being of your students and do no harm.

A good rule of thumb is that if you would not post it on your classroom wall or want to see it posted in the newspaper,

Do not do it! Do not write it! Do not share it!

- A teacher was dismissed because of peer-like exchanges with students on MySpace. In summary: This teacher created a MySpace page to keep in touch with some of his

high school students and this was seen as crossing the line. (Teachers Beware, page 17)- A teacher resigns after students see a post during a holiday that she was going to play “Crazy Bitch Bingo” at a local pub. (Teachers Beware, page 17)

In summary: After her holiday she proceeded to upload 700 pictures to Facebook, some in drinking establishments. A student saw her posts and noticed that she had used the word “bitch”.

- A third example comes from a teacher who was suspended for a month without pay after a colleague posted a picture of her with a stripper at a bachelorette party

In Summary: The colleagues that were at the same party were also given a written reprimand. Eventually when it was taken through the courts, she had won, her file was expunged and she received back pay. However, teachers getting suspended for pictures on social media is becoming more and more common, and the news broadcasters love the attention it brings in. (WPXI News, 2010)

How can you protect yourself?According to the Alberta Teachers’ Association:

NEVER friend students or their parents on Facebook or follow them on Twitter. Keep the relationship professional and outside your social media world. Post only images on social media, blogs and websites that you would be comfortable displaying in your class. Ensure that your social media privacy settings are always set to the highest level. Pseudonyms do not work. They do not protect your identity or privacy. Do an online search of your own name from time to time. You do not know what may be out there with your name on it. You may have a right to free speech, but you also have an obligation to be loyal to your employer and to adhere to the Code of Professional Conduct. Be careful of the positions you espouse online.

(Alberta Teachers’ Association, NA)

KEEP THESE POINTS IN MIND WHEN POSTING ONLINE!!!!

Other Things to Consider

-Even the most innocent actions can be easily misconstrued or manipulated.

-Electronic messages are not anonymous. They can be tracked, misdirected, manipulated and live forever on the Internet. Social media sites create and archive copies of every piece of content posted, even when deleted from online profiles. Once information is digitized, the author relinquishes all control.

-The dynamic between a member and a student is forever changed when the two become “friends” in an online environment.

-Online identities and actions are visible to the public and can result in serious repercussions or embarrassment.

(Ontario College of Teachers, 2013)

Cell Phones:

o It is estimated that between 40 and 75 percent of junior high school students have cell phones. The rates are even higher for high school. So if at least 1 in 2 students have a cell phone, then what are the implications for the classroom? (Gurian, NA)

o It is obvious that they can be a useful tool in the classroom, but the focus on this presentation is the challenges that technology can create.

What Policies Are In Place In Regards To Cell Phone Use At School?

“Most school boards have a policy prohibiting the posting of student or staff pictures online without written consent” (Cellular Phones in Canadian Schools, pg. 58, 2009)

Lillian Osborne high school in Edmonton has a policy that states one of the responsibilities of students is "Using all school and personal technology in an appropriate and respectful manner, never recording (audio or video) teachers or fellow students without permission."

The Issues of Cellular Phones in School

Do you have the right to take a student’s cellular phone?Yes you do if they are using it in class or going against school policy.

Most schools have a policy in place where phones need to be off and put away during class time.

"Schools must also act within proper parameters when taking possession of a cellular telephone... When taking possession of a student’s cellular phone a teacher must ensure that the student still has a way of communicating or receiving important calls if having this ability is the primary purpose of bringing the phone to school" (Cellular Phones in Canadian Schools, pg. 52, 2009).

If this is the case a teacher should advise parents to direct their calls to the office. The phone should be given back at the end of the day or you risk being charged with theft.

A teacher can in fact search a phone if they have "reason to believe that a text message could affect the orderly operation or academic integrity of his or her classroom or school, the teacher should be able to search the phone for that particular text message but not to search stored photos or address books in that phone. Watkinson suggests that a line should be drawn between searches of a disciplinary nature and those with potentially criminal consequences” (Cellular Phones in Canadian Schools, pg. 53, 2009).

Teachers Caught on Camera Phones that have video and photo abilities can cause problems for teachers. http://www.cbsnews.com/videos/teacher-grabbing-kindergartners-face-caught-on-tape

http://www.youtube.com/watch?v=2qU4eu4MP2U

Ask yourself this question in relation to your online conduct and your conduct in the classroom:

“How does my online presence – that which I control and that which is posted by others(or is seen in the classroom) – reflect my professionalism, and how does it reflect on the teaching profession?”

Keep in Mind:“Maintaining professional boundaries in all forms of

communication, technology-related or not, is vital to maintaining the public trust and appropriate professional relationships with students.”

(Ontario College of Teachers, 2011)

High School Student Suspended for Posting a Video of his Teacher on YouTube.com

This student took video footage of his female teacher. He then added music and commentary.

He included:

-Commentary about her personal hygiene and organizational habits

-He placed himself in the video making faces behind her back, making pelvic thrusts in her direction, and putting two fingers to her head

-“Caution Booty Ahead” as she walked away and bent over

This video would not be considered within the rights of free speech because “the freedom of expression in the public school community should be allowed provided such freedom is not disrupting the orderly operation of the school or interfering with the rights of others” (Cellular Phones in Canadian Schools, pg. 56).

THE LEGAL SIDE OF CYBER-BULLYING…

SCHOOL OBLIGATIONS AND THE ILLEGALITY OF CYBER-BULLYING

The school has the legal obligations to:o Respect the constitutional rights of students to exercise freedom of expression and the duty to provide a

safe and orderly learning environment for students and teachers in schools (Broster & Brien, 2009).

Roher noted in Cyber-bullying of Educators by Students on the Canadian school context: “with respect to off-school conduct, Canadian courts have held that a school official has the right to impose school discipline for conduct that occurs off school property, where there is a sufficient connection to the school” (Broster & Brien, p. 217, 2009).

The provincial law in Alberta that addresses cyber-bullying is the Education Act, which was recently revised in 2012 to include that students “refrain from, report and not tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, during the school day or by electronic means.” It is also important to note that the Education Act also demands that those who know about cyber-bullying report it, or they can also face consequences (Media Smarts, NA).

CHALLENGES FACED WHEN DEALING WITH CYBER-BULLYING OF EDUCATORS:

Whenever school personnel issue discipline for a students’ cyber-bullying actions, the school needs to consider the following:

1. Duty to maintain order and discipline in schools and cyber-bullying can undermine the educator’s authority

2. Duty to respect freedom of expression by students - you must be able to demonstrate that discipline administered by the school is justified under section 1 of the Charter of Rights and Freedoms

3. Duty to demonstrate a sufficient connection between misbehavior and the school

(Retter, 2012)

CYBER-BULLYING IS ILLEGAL UNDER CIVIL LAW IN THESE CLAUSES:

1. Defamation: Causing harm to an individual’s reputation by spreading false information about them. Libel - is defamation in a permanent location (e.g. book or website)

2. Creating and Unsafe Environment: Do they perceive the threat as real? Do they feel that they cannot safely attend school or find themselves lacking attention at school because of it?

3. An individual is responsible for any consequences that he/she may have reasonably predicted would happen (e.g. Student A tells Student B to go kill herself and Student B does, Student A would be responsible)

This ultimately allows educators to protect themselves from cyber-bullying when/if it does arise.

(PrevNet, NA)

THE ACCOUNTABILITY OF CYBER-BULLIES UNDER THE CANADIAN CRIMINAL LAW

1. Harassment2. Defamatory libel (definition was provided on the

previous slide)

(Media Smarts, NA)

STUDENT RIGHTS:Charter of Rights and Freedoms section 2(b) guarantees “freedom of thought,

belief, opinion, and expression, including freedom of the press and other media of communication” These freedoms are NOT absolute, as they are subject to reasonable limits provision in section 1, which states that Charter rights are subject only to the “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”

Defences to Defamation Claims Include:1. Justification - What they have said is the truth2. Fair comment - It is a comment/opinion based on true facts3. Qualified Privilege - Needs to prove that the comment advances the public

good either by provoking a debate or by drawing attention to the matter. This does NOT protect statements made with malicious intent

(Broster & Brien, 2009)

TEACHER RIGHTS AND RESPONSIBILITIES:Teachers can actually sue for defamation under Intentional Tort Law

based on injury to reputation. (Broster & Brien, p. 223, 2009)

o Teachers can only sue for defamation however, if the individual who released the information did so out of malice/spite and was unjust.

o The teacher then needs to prove that the driving factor for the defendant was to intentionally damage the plaintiff’s (the teacher’s) reputation and this is hard to prove because there is no physical evidence – it is completely based on the defendant’s thoughts.

ONLINE ACTIVITIES THAT CAN RESULT IN DISCIPLINARY ACTION AGAINST A TEACHER

• Visiting inappropriate websites (i.e. those featuring adult, racist or pornographic content).

• Sending or forwarding offensive jokes and pictures via email.

• Online gambling using school board equipment.

• Downloading audio, video or text-based materials in violation of copyright laws.

• Using the employer’s equipment to engage in activities related to a second occupation.

• Constant text messaging, instant messaging and/or emailing during school time.

• Web browsing to sites not related to the curriculum.

• Posting pictures of yourself, especially if they are suggestive or inappropriate.Taken directly from: (Canadian Teachers’ Federation, 2014)

YOUR RESPONSIBILITY IF YOU OR ONE OF YOUR STUDENTS BECOMES CYBER-BULLIED

• Make copies of all questionable messages, web postings, information and other related material and data, including the URL.

• Demand that the sender stop transmitting or posting the material and state that the conduct is unacceptable and inappropriate; do not further engage the person who is targeting you as this may escalate the situation.

• Advise the administration of your school if the situation requires immediate action and/or the inappropriate communication continues.

• Access appropriate support and guidance through the school board or district cyber-conduct policy or manual.

• Request that the administration contact the parents of the student who is cyber-bullying you or one of your students.

• Inform and involve your school-based occupational health and safety committee.

• Contact your teacher organization if the actions taken to address the inappropriate communication are ineffective or if you need further support or advice.

Taken directly from: (Canadian Teachers’ Federation, 2014)

STATISTICS ON CYBER-BULLYING:● Only about 34% of cyber-bullying victims tell an adult (Broster & Brien, p. 213, 2009).

● 25% of educators felt bullied or harassed online (Broster & Brien, p. 214, 2009).

● Approximately 35% of youth report involvement in bullying (either as the bully, the victim, or both) (Litwiller & Brausch, 2013).

● Being a victim of bullying positively correlates to substance use, and the amount of violent or aggressive behavior exhibited by these adolescents. This in turn, helps to habituate pain, allowing for a greater chance of these adolescents committing suicide due to bullying. (Litwiller & Brausch, 2013).

● Please note that the adolescent suicide survey is from 2008 and it would likely be safe to assume that cyber-bullying has become more prevalent with the advancing of technology and with more and more children having access to it.

● Although some of these statistics are for both cyber-bullying and bullying, it is important to note that cyber-bullying has become more prevalent than traditional bullying, or will coincide with traditional bullying. The victims no longer have a “safe place” because bullying can now take place anytime, anywhere, from anyone and can even be done anonymously in some cases.

IMPACTS FOR YOU AS EDUCATORS:● Make sure that you discuss online safety with your students

● Ensure that your students understand that they are responsible for their actions - including their online actions

● If a student seems to be missing lots of classes/showing up late and distancing themselves from other students, ensure to inquire. If they don’t want to share that’s okay too, but let them know that this is a safe place where they can talk to you when they are ready to.

● If students are engaging in more risky behaviors than normal, ask them if there’s anything they would like to share with you.

CYBER-BULLYING PREVENTION AD:http://www.getcybersafe.gc.ca/cnt/rsrcs/vds/_fls/cbr-bllng-eng.mp4

Provided by: Government of Canada

REFERENCESAlberta Teachers' Association. (NA). E-Liability. Retrieved July 20, 2014, from Alberta Teachers' Association: www.teachers.ab.ca/SiteCollectionDocuments/ATA/Publications/Teachers-as-Professionals/MS-88%20E-liability%20Brochure%202012%20for%20web.pdf Belch, H. (2012). Teachers Beware! The Dark Side of Social Networking. Learning & Leading With Technology, 39(4), 15-19. Bon, S. C., Bathon, J., & Balzano, A. (2013). Social media use--and misuse--by teachers: looking to the courts for human resource policy guidance. Journal Of School Public Relations, (2), 193.

Broster, R., & Brien, K. (2009). Cyber-bullying of Educators by Students: Evolving Legal and Policy Developments. Education and Law Jounral , 208-234.

Canadian Teachers' Federation. (2014). Cyberbullying. Retrieved July 18, 2014, from Canadian Teachers' Federation: http://www.ctf-fce.ca/en/Pages/Issues/Cybertips-for-teachers.aspx

 Gurian, A. (NA). Kids and Cell Phones: Staying Connected. Retrieved July 20, 2014, from The Child Study Center: http://www.aboutourkids.org/articles/kids_cell_phones_staying_connected Kiedrowski, J., Smale, W., & Gounko, T. (2009). Cellular Phones in Canadian Schools: A Legal Framework. Education & Law Journal, 19(1), 41.

REFERENCESLillian Osborne High School. (2012). Code of Conduct 2012-2013. Retrieved July 18, 2014, from Lillian Osborne High School: http://lillianosborne.epsb.ca/students/policies Litwiller, B. J., & Brausch, A. M. (2013). Cyber Bullying and Physical Bullying in Adolescent Suicide: The Role of Violent Behavior and Substance Abuse. Journal of Youth and Adolescence , 42 (5), 675-684. Media Smarts. (NA). Cyberbullying and the Law Fact Sheet. Retrieved July 16, 2014, from Media Smarts: http://mediasmarts.ca/backgrounder/cyberbullying-law-fact-sheet Nordahl, J. (2013). Psychological Impact of Cyber-Bullying: Implications for School Counsellors. Canadian Journal of Counselling Psychology , 47 (3), 383-402. 

Ontario College of Teachers. (2011, February 13). Professional Advisory - Use of Electronic Communication and Social Media. Retrieved July 18, 2014, from Ontatio College of Teachers: https://www.oct.ca/resources/advisories/use-of-electronic-communication-and-social-media PAPANDREA, M. (2012). SOCIAL MEDIA, PUBLIC SCHOOL TEACHERS, AND THE FIRST AMENDMENT. North Carolina Law Review, 90(5), 1597-1642. PrevNet. (NA). Legal Consequences of Cyberbullying. Retrieved July 16, 2014, from PrevNet: http://www.prevnet.ca/bullying/cyber-bullying/legal-consequences 

REFERENCES:Retter, C. (2012, May 14). When Students Bully Their Teachers: Legal Challenges. Retrieved July 16, 2014, from Define the Line: http://definetheline.ca/dtl/when-students-bully-their-teachers-legal-challenges/

Roher, E. M. (2007). Cyberbullying in Schools. Canadian Association of Practical Study of Law in Education . WPXI News. (2010, August 17). Settlement Reached in Teacher's Stripper Photo Suspension. Retrieved July 20, 2014, from WPXI News: http://www.wpxi.com/news/news/settlement-reached-in-teachers-stripper-photo-susp/nGrRS/?__federated=1