Skip to Content

The Whole World (Wide Web) is Watching


Cautionary tales from the 'what-were-you-thinking' department.


By Michael D. Simpson, NEA Office of General Counsel


Way back in 1974, California teacher and aspiring actor Lou Zivkovich famously was fired for posing nude in Playgirl magazine. His response, as reported by Newsweek, "I didn't murder anyone."

Nowadays, thanks to advances in technology, you don't even need a major publisher to get fired; just post your racy photos, sexually graphic writings, or wild party stories on a personal Web blog. You'll be amazed by how quickly tech-savvy students can disseminate your postings to their friends and your employer.

Here's a roundup of some of the recent horror stories:

In Virginia, high school art teacher Stephen Murmer was fired after posting photos of his "butt art" on the Web, which were viewed by scores of students. The budding artist applied paint to his posterior and genitalia, which he then pressed onto canvases. With the help of the ACLU, he sued the school district last fall claiming a violation of his First Amendment rights.

Band director Scott Davis from Broward County, Florida, was dismissed after school officials viewed his MySpace profile that included his musings about sex, drugs, and depression.

A Colorado English teacher lost her job after composing and posting sexually explicit poetry on her MySpace site. Police were even called in to investigate.

Nashville teacher Margaret Thompson was removed from teaching after posting "racy pictures" of herself, along with candid photos of her students, on her MySpace profile.

Florida middle school teacher John Bush was terminated because of "offensive" and "unacceptable " photos and information on his MySpace page.

Massachusetts teaching assistant and Massachusetts Teachers Association member Keath Driscoll was first suspended and then fired for his MySpace postings including "sexually suggestive" photographs, videos of drinking alcohol, and references to women as "whores." MTA took his case to arbitration and won almost a complete victory. In a decision dated March 24, 2008, the arbitrator ruled that Driscoll should not have been fired and ordered him reinstated with back pay, seniority, and benefits. The arbitrator did conclude, however, that Driscoll had engaged in misconduct that warranted some form of discipline, which he determined to be a three-day suspension.]

But the clueless award goes to Atlanta-area high school football coach Donald Shockley, who was forced to resign in early 2008 for storing on his school computer photos of his assistant principal dressed in lingerie and posing in sexually suggestive ways. The photos were discovered by a student whom Shockley had asked to work on his computer and who then posted the photos on the Internet and sent them to other students at the school.

In October 2007, reporters for The Columbus Dispatch conducted an investigation of MySpace profiles posted by Ohio teachers. The newspaper quoted one 25-year-old teacher bragging that she's "an aggressive freak in bed," "sexy," and "an outstanding kisser." Another teacher wrote on her page that she had recently "gotten drunk," "taken drugs," and "gone skinny-dipping."

In the wake of these reports, the Ohio Education Association urged all OEA members to remove any personal profiles they may have posted on MySpace or Facebook. The Association also warned members that such profiles "can be used as evidence in disciplinary proceedings," which could "affect not only a teacher's current job but his/her teaching license" as well.

But what about free speech? Don't school employees have the right, on their own time, to blog about their private lives without fear of losing their jobs? Probably not.

It's the general rule that school employees can be disciplined for off-duty conduct if the school district can show that the conduct had an adverse impact on the school or the teacher's ability to teach. And it wouldn't be too difficult to make that showing if the teacher's blog includes sexually explicit or other inappropriate content and is widely viewed by students.

As to a possible free speech claim, the U.S. Supreme Court ruled in 2004 that it was not a violation of the First Amendment for the City of San Diego to fire a police officer for posting a sexually explicit video of himself on the Internet. The unanimous Court said that such speech was "detrimental to the mission and functions of the employer."

And last year, a U.S. District Court ruled that a Connecticut school district’s decision to fire a probationary teacher because of his postings to his MySpace page did not violate the teacher’s First Amendments rights. The court called the online exchanges between the teacher and his students "inappropriate"  and added that "such conduct could very well disrupt the learning atmosphere of the school."

There's an old lawyer's saw that goes something like this: Never put in writing anything that you wouldn't want read in open court or by your mother.

Maybe it's time for an updated adage: Never put in electronic form anything that you wouldn't want viewed by a million people, including your colleagues, students, and supervisors—and your mother.

 
Photo: Superstock

COMMENTS:

1 - 10 out of 31 Comments |Add your comment

jo biobo | 2011/11/09

delete face book

top-sale-shop | 2011/03/09

?

top-sale-shop | 2011/03/09

?

Ashley | 2010/06/29

I think that facebook, blogs, and other personal websites should be allowed. However, I think teachers just need to be more aware of the type of information and data that they put on their personal pages. I personally want to be a teacher and I use facebook to see how people I dont see regularly anymore is doing. I think having a facebook can be both a positive or negative thing and it all depends on how you use it.

Brittany | 2010/06/29

I find it crazy that teachers should be afraid for their jobs over a social networking site. I do believe that the duties of a teacher call for self-sensorship. If you do not want other teachers, parents, or students to see something on facebook or myspace, then don't post it. If you have nothing to hide, social networking sites shouldn't be a problem. Teachers need to have common sense about what it appropriate to put on facebook. It is especially wrong for a teacher to post pictures of students on facebook as well. I believe that school principals or superintendants should have meetings with teachers about what is right and what is wrong about facebook, and whether or not teachers should have one. If schools make their desires clear on their opinion of facebook and myspace, less teachers could possibly lose their jobs.

Alejandra Carrillo | 2010/06/29

I think that teachers need to be aware of their roles as public servants. Yes we should have our right to do what we want and say what we want but to an extent. What I mean by an extent is that we should have good judement about what to post on the internet on social websites and such. The whole world is capable of seeing what is put there and if you dont want to jeopardize your job dont be a teacher or have better judgement.

? | 2010/06/29

I do think as teachers we have to be more careful than most other professions. If you think something could be questionable don't do it. Schools should have specific rules about social networking for teachers to sign when they sign their contacts so they are not blindsided when they get fired for a photo of themselves with a beer. For teachers what is "unapporiate" should not be so vauge, it should be spelled out no matter if it seems obvious to protect teachers, students, and school districts.

Megan W | 2010/06/29

When you decide to enter the professional world as an educator, it is important that your private life stays private or becomes private if it hasn't already. As a teacher, you are setting an example for your students - and anything you do or say can and probably will be used against you eventually. Social networking websites like Facebook and MySpace are perfect ways to be placed in a sticky situation, but can easily be avoided as well. I believe that teachers shouldn't have to keep such a close watch on what they do during their free time, but it's the way it is and you have to deal with it.

? | 2010/06/28

I think it is real important for teachers to remember they are expected to be perfect. Their is no such thing as a private life when you are a teacher. It's a shame that what you may have done as a young adult before your teaching career can hurt you later in life. I think in a way a teachers lifestyle or private life is held at a higher standard than a preachers. They can ask for forgiveness where a teacher can't.

? | 2010/06/28

It's pretty crazy to think that what you do in your private life can get you fired from your job. As a teacher you are held to very high standards and the actions that these teachers took in this article were very inapproriate. Teachers should know that they are held to very high standards and should be very cautious in what they do at school and their private life as well.

Add Your Comment

Please type this text in the box below:

Published in:

Published In

April, 2008