May 13 Akron Board of Education Legal, Contracts & Board Policy Committee meeting
Covered by Documenter Brittany Nader (see her notes here)
Members of the Akron Board of Education recently discussed and moved forward a district-wide social media policy. Documenter Brittany Nader attended the meeting. She learned that the policy, if adopted, would outline how Akron Public Schools’ employees could use social media at work, and in some cases, outside of work.
The policy would also establish who can use the district’s official social media accounts. It would make the communications director responsible for overseeing those accounts.
Superintendent Michael Robinson and Director of Labor Relations Michael Defibaugh joined the Legal, Contracts & Board Policy Committee meeting May 13 for a discussion regarding the proposed policy.
The draft policy would apply to all APS employees’ “use of social media whether for Personal or Professional Use, regardless of using District or personal technology.” In addition it would apply to anybody using district equipment such as phones and computers.
Social media policy outlines ‘unprotected speech’
The policy also defines “unprotected speech” as social media communications that:
- Concern matters ordinarily within the scope of the employee’s duties;
- Are reasonably calculated to disrupt the operation of the District, obstruct performance of duties, interfere with the maintenance of discipline by supervisors, or undermine the authority in the District;
- Bring the mission of the District and the professionalism of its employees into disrepute.
The debate in the meeting largely focused on what APS employees would be permitted to do outside of school when they use their personal social media accounts on their own time. Board of Education Vice President Carla Jackson raised concerns about gray areas in personal conduct and what would or would not fall under the new policy.
“It’s not just in your personal time, it’s in your personal time and you’re holding yourself out as an APS employee,” Defibaugh said.
OnlyFans example raises concerns during discussion
Committee Chair Rene Molenaur talked about a Missouri teacher who was suspended and then resigned after her OnlyFans profile was posted on a local Facebook group. OnlyFans is a subscription-based website that features a variety of content, including pornography. Molenaur wondered how such a case would be handled under the proposed APS social media policy.
“You’d have to hold yourself out as an APS employee,” Defibaugh said. “I could see an OnlyFans where the person wouldn’t fall under this and I could see an OnlyFans where the person would. It just depends on what type of conduct that person is putting out there to see if they’re holding themselves out by the employer. If you’re wearing a mask, no problem… we’re not going to know who you are.”
The policy language states that employees will not be denied “their civil or political liberties under the U.S. and State of Ohio Constitutions.”
Policy drafted by someone familiar with First Amendment
A First Amendment expert helped develop the draft, according to Defibaugh.
The draft language outlines a dozen prohibited categories, including disclosing confidential or proprietary district information or sharing “sexual, obscene, violent, or pornographic” content.
“I would encourage you to move the policy along because on the operations side we deal with employees and things that they’re doing,” Robinson said.
“We should have had a social media policy probably a long time ago that regulates what people can and cannot do,” he added.
The committee members agreed to move the draft policy forward for a first-reading at their next meeting on June 17.
