Use caution in a place like MySpace
Your students are among the more than 80 million registered users of
MySpace.com. Those who
aren’t MySpace users probably have LiveJournal, Facebook or Bebo profiles—or profiles on
whichever Web site is the most popular this week. Everyone knows the dangers children and teenagers encounter from revealing too much
information online. What hasn’t been so widely reported are the pitfalls educators face from
student and personal use of social networking and blogging sites.
Principals are online, too
“ ... why are you holding out on the Dallas girls. You need to come down here this weekend for a ladies night full
of shots, getting kicked out of bars and puking, but not necessarily in that order.” —Comment left on a
third-grade teacher’s MySpace profile
When that third-grade teacher’s friend posted that comment, she probably wasn’t thinking about her friend’s
principal seeing it. If you have a profile, keep in mind that anyone can view it, no matter how many security
measures are promised. Many sites allow you to limit access to your profile to your “friends” or “buddies,” but
those limitations can be circumvented. A good rule of thumb: Don’t post anything that you would be embarrassed for
your supervisor to read.
When students find you
“HI MISS!!! THANKS FOR A GREAT YEAR!! SINCE I’M LIKE YOUR BEST STUDENT!!! LOL JUST KIDDIN.... OH YA AND THANKS FOR
HELPING ME PASS THE TAKS!!! P.S. MAKE THE FINAL EXAM EASY OK!!!!” —Comment left on a high school English teacher’s
MySpace profile
Just as you must be mindful of setting appropriate student/teacher
boundaries in the classroom, those boundaries must continue to be respected in cyberspace. Avoid adding students
to your “friend” or “buddy” list, and don’t post comments on students’ profiles. Anything you post on a student
profile could prompt allegations of misconduct, which can lead to parent grievances or negative employment
actions—including written reprimands, suspension, termination and report to the State Board for Educator
Certification. Depending upon what is alleged, the Texas Department of Family and Protective Services could be
contacted, and criminal charges may be filed.
When viewing student profiles, should you see anything that triggers your obligation to report child abuse, you
must make a report to the proper law enforcement authorities within 48 hours.
If a student contacts you through one of these Web sites, the safest course of action is not to respond in kind.
Explain to the student later that it is inappropriate for you to communicate with her in that manner. If the
student continues to contact you via your profile, tell your administrator.
Fraudulent profiles
Teachers are also vulnerable to online identity theft. If you discover a student has created a profile for you,
contact the Web site on which you found the fake profile. Most sites now have procedures for educators to report
and request removal of fake profiles.
Secondly, tell your administration about the fake profile and who could have created it. You might be tempted to
investigate who created the profile, but you should let the administration handle any investigation. If the
district finds that a student created the fake profile, the student may be disciplined in accordance with the
student code of conduct.
In extreme cases, you might be able to pursue a defamation lawsuit against the creator of the fake profile. Under
Texas state law, libel is written or other expression in graphic form that injures one’s reputation and thereby
exposes the person to public hatred, contempt or ridicule or financial injury. It’s important to keep in mind that
truth is a defense to a libel action, so you would not have a case of libel if the statements made about you on a
fake profile, even if they’re embarrassing, are actually true.
Of course, if your district threatens or takes any negative employment action against you regarding either your
profile or a student’s profile, you should call the ATPE Member Legal Services Department at (800) 777-ATPE.
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The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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