The Pensacola News Journal in Florida reported on Friday that union representing the Santa Rosa County teachers will be bringing a lawsuit against the County for unfair labor practices. The subject of the lawsuit? The County’s allegedly overly restrictive social media policy. The nine-page Acceptable Use and Risk Policy contains provisions, among others:
* Conduct work-related electronic communications on district resources only.
* Conduct personal electronic communications on personal equipment only.
* Avoid mixing the two to minimize potential for litigation.
* Have no personal electronic communications with students.
* Electronic communications with students must be work-related.
* Do not “friend” students on social networks.
* Do not post student information anywhere without prior approval.
The policy can be viewed in full here.
I took a quick read of the policy and while it does some things right – namely, consistent with recent U.S. Supreme Court precedent, informing employees that their use is not private and is being monitored – it is intimidating, unweildy, and full of legal terms of art. It contains case citations and a 30-point bullet list of the “Liability Risks of Using E-Mail,” and a 21-point list of the “Liability Risks of Using Social Media.”
There are some cardinal rules for creating a social media policy that the District violates here. First, there is no explanation of what employees CAN do with social media, or what the District intends it to be used for. The document is a giant list of “Thou Shalt Nots,” which never plays well to employees.
Second, the policy is unclear. After reading it, a teacher is likely left with the impression that they should not use e-mail or social media for anything because even though they might think it is properly work-related, they could be wrong. There is, after all, an 11-point bulleted list in the policy of what courts of law may consider in determining whether your e-mail message was work-related or personal. And goodness knows, teachers are not lawyers – thankfully!
Third, the policy fails to take into account the generational divide. Gen-Y teachers and students tend to view social media and e-mail as their birthright. This policy is sure to alienate both camps.
It will be interesting to see how this policy morphs as the case winds its way through the judicial system. As recent Washington employment law cases we’ve discussed previously have also shown, acceptable use policies can be exceedingly important in the context of lawsuits.