DPI’s Draft Model Electronic Communications with Students Policy: What Administrators Should Expectby Jerilyn Jacobs Weld Riley, S.C. Smartphones and other electronic devices and forms of communication are now ubiquitous. Given the ability to communicate with each other instantaneously, and further given students’ expectations to use these convenient and readily available forms of communications that they have grown up with, it seems inevitable that teachers and other school staff will have to accept – even if they do not embrace – these electronic forms of communication when engaging with students. These electronic forms of communications can serve as powerful and positive tools to enhance communications between teachers and school members and students. They also create opportunities for abuse and other inappropriate conduct. Perhaps in recognition of the seeming inevitability that electronic communications will occur between school staff and students, and certainly cognizant of the potentials for harm, the Department of Public Instruction (DPI) has drafted a model electronic communications with students policy designed to provide guidance to school administrators and staff. This model policy, which was unveiled to Wisconsin school law attorneys last month, attempts to strike a balance between allowing instructors and staff who want to use social media and other electronic means as teaching or communication tools and ensuring that appropriate boundaries are maintained. While the DPI policy has not been formally issued and is not yet made available on the DPI’s website, this article provides a preview of the policy’s provisions. The DPI’s model policy provides that school staff may only communicate with students using district-approved means of electronic communication, such as a district’s Facebook page or via a district-provided email address. Further, the draft model policy expressly prohibits “friending” or “following” students using personal social media accounts and accepting similar requests from students. An Obligation to Report Student Contact Pursuant to the draft model policy, if a staff member receives an unsolicited electronic communication from a student that is either directed to the staff member’s personal account or is unrelated to the employee’s scope of professional responsibilities, it is insufficient to simply ignore the communication. The staff member is obligated to report the communication to the building principal as soon as possible. When notified of a student’s communication that falls outside the scope of an appropriate school-related electronic communication, the draft model policy directs the principal to instruct the staff member as to how to respond. The policy states that a response to the student must indicate, at a minimum: 1) That the student’s communication is outside the boundaries of the staff member’s professional responsibilities; 2) That no further communication in violation of this policy is allowed to take place between the student and the staff member; and 3) The appropriate means and content of the communication the student should use to contact the staff member moving forward.
Further, in order to allow teachers and other staff members to comply with this policy, districts should establish a list of district-approved electronic communications and update that list annually. Technology moves fast, as seemingly every year a new form of communication is created. Nevertheless, it behooves districts to make efforts to keep pace. In addition to reporting student communications outside of appropriate parameters, the draft model policy also directs staff to report to their principal any actual, suspected, or potential inappropriate relationship, interaction or communication between other staff members and students. While not noted in the draft model policy, prompt reporting of contact outside appropriate standards is important not only as a student wellbeing and safety measure, it serves to protect the staff member, and other staff members and administrators, from later allegations of inappropriate conduct, including the grooming of a student. Ignoring a seemingly innocuous communication that is outside the scope of school-related and appropriate communication can lead to harder-to-defend claims of misconduct down the road. Staff members found not to have complied with this provision should be appropriately counseled and disciplined. In a recent lawsuit, filed last September, a Camden, New Jersey-area high school student and her mother sued a school district and several administrators, including the superintendent, principal, and vice-principal, for failing to take action that would have protected the student and prevented her gym teacher from initiating a sexual relationship with her. http://www.freep.com/story/news/2017/09/07/suit-buena-teacher-had-sex-wlawsuit-details-students-alleged-sexual-relationship-former-buena-teache/638758001/ The relationship had begun when the teacher began following the student on Twitter during her junior year and used the social media platform to send direct messages to her. This litigation is ongoing. Even in cases where a student communication, while inappropriate, can be relatively innocuous and even humorous, it is important for the communication to be addressed appropriately and reported. One good example occurred when a college student, following dental surgery and while still under the influence of heavy medication, wrote a rambling email to her teacher, riddled with spelling errors and asking for an extension on an assignment (turns out the assignment was not even due when the student thought it was). The student ended her email with “love you bye.” https://www.huffingtonpost.com/entry/college-student-funny-email-professor-drugs-twitter_us_5841aefde4b017f37fe44790. The student attests she does not even remember sending the email. Her teacher’s response? To address the unorthodox nature of the email, answer the deadline-related question, and express hope for better spelling in the completed assignment. Retention Requirement
DPI’s draft model policy also proscribes that staff must retain all electronic communications with students, and be able to provide the district with them upon its request. Any deletion of records of electronic communications with students must be done only with district authorization. The model draft policy contains an express prohibition of the use of any form of electronic communication that is not designed to be retained – e.g. Snapchat.
Exceptions for Family or other Comparable Relationship The draft model policy carves out an exception for students who are direct relatives of staff members, which is defined by the policy to include nieces and nephews. The policy also directs staff to request an exception on a case-by-case basis for situations where a staff member has an association with a student akin to that of a close family member, including the child of a close family friend or a member of a non-district affiliated organization. The draft model policy provides that these requests should be directed to building-level principals. Appropriate Content of Communications Also outlined in the draft model policy is the nature of appropriate communications with students. Staff members are to limit communications to matters within the scope of their professional responsibilities. The policy expressly prohibits any interaction that is overly affectionate, friendly, or personal. The policy also expressly forbids engagement in grooming, a desensitization strategy involving a slippery slope of misconduct where initially appropriate conduct becomes progressively inappropriate, as the groomer tests a student’s vulnerability or willingness to engage in inappropriate behavior. Other content-related prohibitions include any intimidation or harassment and arranging to meet a student at, or encouraging a student to go to, an off-school premises location without the express permission of the student’s parent or guardian. Annual Parental Notice of Policy As with other policies, once adopted, annual notice of the policy is to be provided to parents at the beginning of each school year. The draft model policy also reiterates that district staff may not post student photos or personally identifiable information using a personal social media account. The use of social media and other electronic communications creates new possibilities for improving educational services. At the same time, electronic communication between staff and students can lead to opportunities for exploitation or other harm to students. Accordingly, this electronic communications policy will serve to protect the interests of students and will provide staff members with clear guidelines as to how to navigate and communicate in this new environment where technology is omnipresent. This article was written by Attorney Jerilyn Jacobs, Attorney at Weld Riley, S.C. You may direct any questions to Jerilyn at 715-839-7786. You may email her at [email protected] . The views expressed herein are exclusively those of Ms. Jacobs. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice. You are encouraged to contact your district legal counsel should you require legal advice regarding this topic.
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