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Can I be fired for text messaging or blogging?

In recent years, more people have begun to rely on various forms of electronic communications in their daily lives, such as text messaging, social networking sites and blogs. Many teachers who use these technologies regard them as a convenience or a diversion and are unaware of the impact they can have on their employment. Professional boundaries must always be observed, even when sending text messages or uploading content to the Internet from your home. Failure to recognize those boundaries could result in loss of your current position or even your certificate.

Text messaging

The TCTA Legal Department has encountered an increasing number of complaints filed against teachers whose use of text messaging caused an appearance of impropriety, or worse, fostered the development of a relationship between a teacher and a student that became inappropriate. This is due in part to some of the unique characteristics of text messaging that can erode the professional boundaries between a teacher and a student. The informality of the language commonly used in text messaging can lull teachers into text conversations in which they say things they would consider professionally inappropriate in a verbal conversation. Additionally, since texting is an option available at any time of the day or night, it can be tempting to dash off a text to students when you are thinking about them, even if it is late at night. Finally, because the recipient of a text message cannot control either the timing or the content of incoming text messages, a teacher who communicates with students in this manner is vulnerable to pranks or unsolicited inappropriate communications.

The best approach to take with regard to text messaging is to simply never send a text message to a student or indicate that you might be willing to receive a text message from a student. Always be mindful that texts are recorded on the receiving phone and can be saved and forwarded by a student. Additionally, the times, dates and number of messages are recorded on the student’s cell phone bill and it is possible that the student is charged for every text message sent or received. Often, complaints against teachers who use text messaging are initiated by parents who are horrified to receive an outrageous phone bill, and then shocked again when they realize that part of that bill was incurred by conversations the child had with a teacher. At a minimum, you do not want to be seen by the parent as encouraging the child’s abuse of text messaging privileges.

Social networking sites and blogs

Many teachers post pictures, profiles and videos on social networking sites such as MySpace or Facebook, or maintain blog entries or message board postings, believing that the content of their online communications are unrelated to their employment. This is not necessarily the case. Recent court cases have been decided in which an employee’s contract was terminated based on content posted on the Internet. In those cases, the courts found that termination was appropriate when the conduct depicted online brought the mission of the employer and the professionalism of its employees into serious disrepute, or when the nature of the posting could disrupt the decorum of the work environment. Additionally, most teacher contracts contain language that can mean your personal life may have some bearing on your continued employability. This is particularly true if students are able to access your blog or if the uploaded content on your MySpace page depicts you engaging in conduct that is arguably unprofessional or inappropriate.

If you maintain a blog or have a site on one of the social networking sites, take the appropriate measures to limit public access to them. You should always be mindful that anything you post on the Internet could be viewed by an unintended audience that includes your students, parents and your principal.

If you are a current TCTA member and have questions about how your online activities or text messaging could impact your professional life, please call our Legal Department at (888) 879-8282.

Web posted: 08/27/07