Q: We have had several instances of what can be considered unacceptable student behavior reported to us by parents. However, these events have taken place in the evening or over the weekend—outside of school hours. What are our rights, and duties, for monitoring student (and staff) behavior after hours?
A: Under the rubric “what is not acceptable during school hours is also not acceptable off hours,” schools may monitor the behavior of faculty, staff, and students where behaviors could reasonably negatively impact other school community members—or the school itself. Care must be taken, however, as to how and why the “monitoring” is done to avoid violation of a wide range of laws protecting privacy, the ability to unionize by employees, and rights against discrimination based on disabilities, etc. When creating such policies for your employee and student handbooks, it is recommended that your lawyer review them before distribution to ensure you are in compliance with your state's laws.
If your school does implement a policy that extends acceptable behaviors beyond school hours, we believe it is best practice that you don't intentionally “spy” on the personal affairs of your students and staff off hours. However, if you become aware of activities that are counter to your school’s culture and acceptable behaviors (e.g., bullying, misconduct, defamation), you may take reasonable action (as defined in your handbooks) to protect your school's community and facility.
It is critical that your school clearly define both acceptable and nonacceptable behaviors (as well as consequences and possible outcomes of inappropriate behavior) in supporting documents such as the parent/student contract, employee contract, employee handbook, and Acceptable Use Policy.
Again, before initiating any new procedures or monitoring off-hour conduct, talk with your attorney.
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