Week+3+Judicial+Review

The "Overly" Socially Networked Teacher - Team A Case Study Several parents have called the Principal of Cyber Middle School to report that their kids have discovered a social networking website on which a teacher at the school, Myra Spacinsky, has posted some very racy photos of herself and other people. Myra’s page does not reference or include pictures of children or any illegal activities. The parents are upset and angry, and want the Principal to take disciplinary measures.

According to Reuters chapter 11, disciplinary section can be taken against Myra for conduct unbecoming a teacher. The book states, "generally speaking, the private lives of educators are their own business unless or until their actions impact their professional lives" (Reuters, 650). However, the school officials must prove that the misconduct impairs or destroys their professional effectiveness" (Reuters, 651). According to the Washington Post article, "In states including Florida, Colorado, Tennessee and Massachusetts, teachers have been removed or suspended for MySpace postings, and some teachers unions have begun warning members about racy personal Web sites" and that "Local school officials say they have no policies concerning social networking pages or blogs kept by teachers. But they said that online improprieties would fall under general guidelines requiring proper behavior in and outside school and that sketchy Web sites would be handled case by case. (Shapira, 2008). Another example is told in the news video, "Bikini wearing teacher fired" that tells the story of a teacher who was fired for her second job where she wears a bikini on a fishing boat charter. Julie
 * Can disciplinary actions be taken against Myra?

According to reporter Ann Doss Helms, teachers from Colorado, Florida, and Virginia were fired in 2008 for posting sexually explicit information on MySpace pages. Since Myra's behavior reflects conduct that is unbecoming of an educator, she may be dismissed from her teaching position and her teacher's certificate may be revoked. "As a general rule, public school officials can be expected to meet higher standards of conduct than their peers in the private sector since there is no right to public employment" (Russo, 2006, p. 483). As long as the school can prove that the discovery of Myra's website diminished her professional effectiveness as a teacher, they have adequate grounds for dismissal.

Reporter Ian Shapira in "When young teachers go wild on the web", questioned whether "risque pages matter if teacher performance is not hindered" especially when the pages are not viewed by parents and school officials. Key in this case is the fact that the pages were public on the social networking site.

Nora Carr, a spokesperson for CMS school district stated in response to derogatory information posted on a teacher's social networking page that it was not an issue of free speech, instead it was an issue of professional judgment. In Reutter's 6th edition, on page 657 it says that in a number of cases sourts refused to treat the speech of school employees as protected since is failed to involve matters of public concern"".

"Courts usually agree that educator misbehavior in class or on school premises has enough of a connection to their duties as to meet the nexus criterion as a matter of law, that is, without need for proof of connection" (Reuters, 652). This would reduce the burden of proof of negative impact for school officials. Julie
 * How would this case be different if Myra had used a school computer instead of her home computer to upload the photos? What if she was posting pictures during the school day?

If Myra had used her school computer and posted the explicit pictures during the school day, there would have been "a rational nexus between her inappropriate conduct and her professional duties" (Russo, 2006, p. 651). By engaging in misconduct during school hours, the school could easily support its case for moral turpitude.

If Myra had used a school computer or uploaded the pictures during the school day, this would have impacted her performance as a teacher. The school would have increased justification for disciplinary action. This would then show that the teacher used reasonable measures to not allow public access and to protect her professionalism to some degree. Julie
 * Would it make a difference of the webpage identified Myra as a teacher, or identified the school? What if the website only had restricted access to certain people, students not included?

If Myra's website had restricted access to the site that blocked student/parent viewing, I think Myra could argue that she was exercising her First Amendment rights to free speech. As long as she did not identify herself as a teacher or identify her school of employment, she could probably maintain the website just like any other private citizen.

If Myra identified herself as a teacher, particularly if she had identified the school, this would have given the school a greater case for disciplinary action. Restricted access to the site, especially when students are not given access would ensure that she had taken reasonable care to protect her professional status.

 If Myra had restricted her acces to the sire it is porbably safe to say that her site would not have been viewed by the students or parents and therfore not have been brought to the attention of school officials. Without listing her profession or place of employment, no negative press was intended toward her school. 

 Julie <span style="color: rgb(255, 0, 0);">Erin <span style="color: rgb(255, 0, 255);">Chistie <span style="color: rgb(0, 255, 0);">Jennifer