While this is a complex and evolving area of law and policy—due to the explosive growth of social networking media across all areas of business, personal, and educational life—ISM urges schools to think carefully about the appropriate limitations and proper use of this dynamic (and risky) new resource and phenomenon. That is a long way of saying, "Yes—we believe you should have a policy."
We recommend creating a policy separate from (but related to and consistent with) the "Acceptable Use of Internet," for purposes of emphasis and clarity. Two factors need to be balanced in the policy: 1) The employee's personal privacy; 2) The school's legitimate interests in protecting its students (from improper relationships with faculty and staff), employees (from conflicts of interest that may be inherent in "friend" relationships with students, parents, and co-workers), and the school itself (from liability brought about by improper or unmonitored relationships). There are many conflicting and overlapping factors to weigh and balance—and there won't necessarily be one "right answer" for all schools. As always, in addition to federal and state law, your school's mission, culture, and values have to take a primary role in creating an appropriate policy for your school.
Key elements to consider when developing a Social Networking Policy include:
- Context—an acknowledgement that social networking bridges an individual's personal and professional life—and that the school's interest in establishing a policy has solely to do with job-related aspects (i.e., protecting the school and its employees and students)
- Key Principles—the notion that regardless of whether our interactions are online or face-to-face, all communications must maintain the principles of respect and dignity for others
- Friending of students, alumni, parents, and co-workers—defining what the school considers appropriate in terms of establishing online relationships with particular members of the school community
- "Official" Use of Social Networking Sites by The School—providing an indication of how the school's use of these sites for alumni relations, development, student recruitment, and other related business purposes differs from the social, personal use of networks by individuals after-hours
- Time Spent on Social Sites—clarifying prohibitions or restrictions on using social sites during working hours
- Online Identity—specifying when or whether employees are permitted to reveal their school and position in personal postings, blog entries, etc.
- Confidential Information—emphasizing that no confidential information about the school, its students, parents, plans, etc., may be revealed by the employee in blog or social site postings (ditto for logos, school photos, intellectual property of the school, etc.)
- Monitoring—describing the extent to which the school may go in monitoring and acting on the appropriateness of social networking posts, when and if it should ever become an issue
- Legal Review—this is a rapidly growing and evolving aspect of society and of employment law. Accordingly, all schools are urged to consult with their legal counsel prior to implementing a policy.
Sample Policy Offer—To help get you started, ISM is pleased to share with you our recently developed Social Networking Policy pertaining to employees. To receive a copy, simply e-mail our Human Resources Consultant, Michael Brisciana, and he will be glad to provide this to you directly.
