Staff are reminded of boundaries and are adhere to the responsibilities contained within the Local Authorities model code of conduct It is advised that: Education establishments ensure that contracts of employment refer to the Social Media Policy and a policy is drafted covering the use of social media for employees. (Copy of a draft policy is attached at appendix 3). Education establishments could consider the following: Warning on offensive, obscene, discriminatory or harassing online behaviour. Warning on derogatory comments on other staff, pupils or parents. Misuse of confidential, sensitive, personal or copyrighted information. Guidance for in or out of work time. Block pupils as friends. Consideration of colleagues as friends. Rules on privacy settings. Ban on use in work time. Consequence of breach of policy and link to other policies. You should ensure that each member of is aware of the education establishments Social Media Policy. If the education establishment encourages the positive use of social networking sites as part of the educational process, it should provide clear guidance on what is considered to be appropriate contact with students. Having a thorough policy in place will help staff and students to keep within reasonable boundaries All must understand that social network sites are not private and are not considered outside the work domain. There is a significant risk of damage to the reputation of an education establishment and teacher and damage to careers when inappropriate content is inputted online. All Staff should be aware of the role of the LADO (Local Authority Designated Officer for Safeguarding). Employers can take action (including dismissal) for inappropriate online conduct outside working time provided: - There is actual or potential damage to the education establishment’s reputation. - There is evidence of harassment/bullying. Discrimination or otherwise offensive behaviour. - The education establishment has a clear policy making it clear what is acceptable and unacceptable; and - The education establishment responds in a reasonable and proportionate way. You should seek advice from your HR Provider if you are considering disciplinary action. Appendix 2 contains a draft policy for education establishments for their employees.
7. Social Media – Basic Legal Issues Copyright arises automatically in any original written or artistic work – there is no test of quality. It arises with posts, tweets, profiles, blogs and photos. Copyright in created by an employee in the course of their duties belong to an employer. Copyright in works created by a student are owned by the student unless assigned to the education establishment (i.e. copyright policy). If copyright is infringed and the post was made by an employee in the course of employment, the employer may be liable. Each social media site has clear terms and conditions about what is published usually making it clear that by publishing a free license is given for it to be reproduced and made available to the rest of the world by anyone. with regard to inappropriate posts Civil offences Defamation: A false statement must be made negligently and publically resulting in damage. It is considered that public bodies cannot bring defamation actions though individuals can (whether a public body can support their employee in doing this with financial backing is also questionable). It is an expensive process in money and time and prevention is the best way – getting the comments removed by the individual or the Internet service provider (ISP). Protection from Harassment Act 1997: This provides a civil offence of harassment allowing an individual to obtain an injunction to stop harassment and to obtain damages as appropriate. Harassment is defined as a course of conduct (of at least 2 occasions) causing the victim alarm or distress.n a civil court injunction to stop harassment occurring and to claim damages where appropriate. Criminal offences Malicious Communications Act 1998: This relates to a post that is ‘grossly offensive’. Recent Criminal Prosecution Service (CPS) guidance provides limited circumstances when they will consider prosecuting for a malicious communication, including where it amounts to credible threats of violence to the person or damage to property or harassment under the 1997 Act. Protection from Harassment Act 1997: This act also provides for a criminal offence in addition to the offence mentioned above. Sexual Offences Act 2003: This Act is often used by the police relating to grooming and other actions with children on social media.
The network is intended for educational purposes only. All activity over the network or district technologies is monitored. Misuse of education establishment resources can result in disciplinary action. Students are expected to follow the same rules for good behaviour and respectful conduct online as offline. Users of the network or other technologies are expected to alert IT staff immediately of any concerns for safety or security. Your ICT contact in the education establishment is Technologies Covered EDUCATION ESTABLISHMENT NAME may provide Internet access, desktop computers, mobile computers or devices, videoconferencing capabilities, online collaboration capabilities, message boards, email, and more. As new technologies emerge, EDUCATION ESTABLISHMENT NAME will attempt to provide access to them. The policies outlined in this document are intended to cover all available technologies, not just those specifically listed. Web Access EDUCATION ESTABLISHMENT NAME provides its users with access to the Internet, including web sites, resources, content, and online tools. That access will be restricted in compliance with the education establishment’s policies. Web browsing may be monitored and web activity records may be retained indefinitely. Users are expected to respect that the web filter is a safety precaution, and should not try to circumvent it when browsing the Web. If a site is blocked and a user believes it shouldn’t be, the user should follow protocol to alert an IT staff member or submit the site for review. Email EDUCATION ESTABLISHMENT NAME may provide users with email accounts for the purpose of education establishment-related communication. If users are provided with email accounts, they should be used with care. Users should not send personal information; should not attempt to open files or follow links from unknown or untrusted origin; should use appropriate language; and should only communicate with other people as allowed. Email usage may be monitored and archived. Social / Web 2.0 / Collaborative Content Recognising that collaboration is essential to education, EDUCATION ESTABLISHMENT NAME may provide users with access to web sites or tools that allow communication, collaboration, sharing, and messaging among users. Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Posts, chats, sharing, and messaging may be monitored. Users should be careful not to share personally-identifying information online. Mobile Devices Policy EDUCATION ESTABLISHMENT NAME may provide with mobile computers or other devices to promote learning both inside and outside of the classroom. Users should abide by the same acceptable use policies when using education establishment devices off the education establishment network as on the education establishment network.