TAAAC News

Know your Contract: Social Media


As a public employee, your first amendment rights are not as expansive as private citizens. Caselaw and our contract is clear that if your speech outside of work causes an actual disruption in the education of students not just the fear of a disruption, you can be subject to disciplinary action.
That said, you are entitled to due process prior to receiving discipline and AACPS bears the burden of proof to demonstrate that speech you made, including social media posts, caused a disruption to the learning environment. You will have full representation from TAAAC if you are investigated for social media posts.

Here is some general advice for social media:

  • Do not identify yourself as a teacher or employee of AACPS on your profile and scrub any private identifying information from the internet to avoid being doxed.
  • Do not “friend” parents or students.
  • Consider which colleagues you “friend” especially if you tend to post about controversial topics.
  • Create a separate account if you are using social media for educational purposes or classroom lessons.
  • Set your profile to private and make sure that only your own “friends” can see what you post.
  • Do not assume that AACPS cannot view your social media. Even if private, anyone with access to your posts can send a screenshot to AACPS.
  • Do not use a school computer to post. Rules may be more restrictive when educators are using district-issued computers or the post is transmitted using the district’s server. Even posts made on privately-owned devices like your smartphones using the school’s wi-fi connection can be traced
  • Do not post on personal networking sites during work hours.
  • Avoid inflammatory posts or those that may be interpreted as inciting or threatening violence or consider speaking anonymously.
  • Don’t post negative or offensive comments about your job, your administrator, your school, or your students or their families.

We do have some contractual protections for political speech. Below are relevant sections of our contract that you should be aware of and can be the basis for a grievance or contesting any discipline.

Contract Language:

  • Article 2A: Individual Rights – Nothing in this Agreement shall be construed to prevent Unit I members from exercising their individual professional rights, privileges or responsibilities.
  • Article 2G1: Employee Rights-  The following rights shall be guaranteed each Unit I member. 1. Political Rights The Board and TAAAC recognize the right of Unit I members to participate in political governmental affairs in a manner afforded any other citizen, including the right to vote; the right to be an active member of a political party of their choice; the right to campaign for candidates for election to public office; and the right to seek, campaign for, and serve in public office.
  • Article 2H: Out-of-School Activities – The personal life of a Unit I member during non-duty hours shall not be the subject of action by the Board or its administrative officials, provided these activities do not clearly impair the members’ effectiveness in their assignments.
  • Article 2M: Academic Freedom – Unit I members shall have freedom in classroom presentations and discussions to introduce fairly all sides of reasonably controversial issues which are relevant to the basic content of the course. The basic content of a course and provision for its implementation and supervision shall be the responsibility of the Board.

 

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