This document discusses teaching students about personal social media use and its effect on student retention and success. It notes that the majority of university students use Facebook daily and over half of universities have social media policies. It then poses questions about students' legal rights regarding discipline from universities for their personal social media posts. Recent research by O'Connor, Schmidt, and Drouin is mentioned. Examples are provided of students disciplined by their universities for social media posts. The document discusses students' understanding of privacy and free speech rights regarding personal social media use and discipline from universities. It also provides examples to illustrate differences between public and private university social media policies and discipline.

1. TEACHING STUDENTS
ABOUT PERSONAL SOCIAL
MEDIA USE AND ITS EFFECT
ON STUDENT RETENTION
AND SUCCESS
Fort Wayne Teaching Conference 2016
Kimberly O’Connor, J.D.
Gordon Schmidt, PhD.
Indiana University-Purdue University Fort Wayne

2. The most popular online network among young
adult users is Facebook, with 96 percent of
university students saying they use it on a typical
day.
More than 50% of Universities report having a
social media policy.
23% of universities report looking up prospective
students on social media for admission purposes.
Surveys of young adults (ages 18–29) show that
83% of them regularly use social media sites.

3. Social Media Use and
Universities:
Do students have legal rights that protect them
from discipline from their universities?
Do students realize that their university
probably has a social media policy?
Do students understand what the
Policy means?
Do students realize that their university can
discipline them for their personal social
media posts?

4. Recent Research by O’Connor, Schmidt & Drouin

5. Recent Research by O’Connor, Schmidt and Drouin

6. Recent Research by O’Connor, Schmidt and Drouin.

7. Recent Headlines of Student Discipline
Colorado College Junior,
Thaddeus Pryor, was
suspended from campus
for two years for his 6
word post on Yik Yak. In
response to someone’s
post #blackwomenmatter,
he wrote, “They matter,
they’re just not hot.”

8. Recent Headlines of Student Discipline
• Harry Vincent, a 19 year-
old Texas Christian
University student, was
recently placed on
“suspension in abeyance”
from his school for social
media posts regarding the
Baltimore riots and
Muslims. This was later
changed to academic
probation, with a
punishment 60 hours of
community service, and a
diversity and sensitivity
course. Vincent was
allowed to attend school
this year.
“#Baltimore in 4 words: poor
uneducated druggy hoodrats.”
“Almost as tan as a terrorist. Going
to be thoroughly disappointed if I am
not racially profiled on my trip to
Gulf Shores.”

9. Right To Privacy: What Do Students
Think Their Legal Rights Are?
Research by O’Connor, Schmidt, and Drouin.

10. What does the law say about privacy?
Some states have laws that protect students from having
their universities ask them for a list of their social media
accounts and passwords. Indiana is not one of those.
Otherwise, courts have generally held that there is no right to
privacy for personal social media usage because people are
voluntarily posting things on social media.

11. First Amendment: What Do Students
Think Their Legal Rights Are?
Research by O’Connor, Schmidt, and Drouin.

12. Free Speech
• The First Amendment
states that Congress
shall make no
law….abridging the
freedom of speech
• Not all speech is
protected. Fighting
words, obscenity,
threats, harassment, and
defamation are not
protected speech

13. College Students - Amanda Tatro case
Mortuary Sciences major Amanda Tatro posted a series of
comments about the cadaver she was assigned to work
on, whom she referred to = as “Bernie.” She also made
ambiguous threats against her ex-boyfriend.
The University of MN placed her on Academic Probation,
gave her an “F” for her anatomy class, placed her in an
“ethics” course, and ordered a psychiatric evaluation.
The MN Supreme Court sided with the
university. Holding that, “schools may limit or
discipline student expression if school officials
reasonably conclude that it will, materially
and substantially, disrupt the work and
discipline of the school.”

14. What about Private Schools?
• Private institutions, which are not subject to
constitutional considerations, may respond
to student speech in accordance with school
policy.

16. • Which school encourages students to use
social media and connect with others using
hashtags with the university’s name?
• Which school’s social media policy states that
the university “may respond with disciplinary
or legal action toward students who
disseminate or post material that is
offensive?”
Trine
Huntington University

17. This university’s policy states that it will not tolerate
harassment or any other discriminatory conduct from
students, faculty, or staff. Forms of harassment may include
but are not limited to the following forms: verbal, written,
texts, and social media posts. Such conduct will result in
disciplinary action up to and including dismissal from the
university.
Which University’s social media policy states that
“Posts must comply with university statements on
diversity, civility, and integrity.”
Indiana Tech
IPFW

18. Which university does not have a social media
policy? Saint Francis
Which university’s policy states “you should make it clear
that your postings, even on your private social media
accounts, reflect your own personal opinions and not
those of the College.”
Ivy Tech

19. IPFW’s Social Media Policy
• Can be found at
https://www.ipfw.edu/offices/marketing/services/
social.html
• It also applies to all IPFW faculty, staff, and
student employees, as well as members of
IPFW-affiliated organizations.
• Focuses on use of logo, copyrights, confidential
university communications, among other areas.
• Specifically excludes “Personal accounts owned
by students and employees.” HOWEVER….

20. IPFW’s Social Media Policy
• “Avoid confusion about personal postings. When
employees post personal opinions and mention
their university work duties, the post should
clearly identify the statement as a personal
opinion, not an official university position.”
• “Posts must comply with university statements
on diversity, civility, and integrity.”
• “Posts should never include confidential
information about or from the university, its
employees, students, or alumni.”

21. • Understand that
universities can discipline
students for their
personal social media
use.
1
• Students need to be
cautious about what they
post, even on Blogs and
Others’ Pages.
2
• Know Your University’s
Social Media policy and
follow it!
3
What Can You Tell Your Students?

22. Recent Social Media and the Law
Publications
Drouin, M., O’Connor, K. W., Schmidt, G. B., & Miller, D. A. (2015).
Facebook fired: Legal perspectives and young adults' opinions on the use
of social media in employment decisions. Computers in Human Behavior,
46, 123-128.
O’Connor, K. W. & Schmidt, G. B. (2015). “Facebook fired”: Legal
standards for social media–based terminations of K-12 public school
teachers. Journal of Workplace Rights. (Sage Open), 5(1), 1-11. DOI:
10.1177/2158244015575636
O’Connor, K. & Schmidt, G. B. (2015). May it please the court: Two legal
cases to teach students about social media based terminations of
employment. Journal of Management Education, 39, 806-811.
Schmidt. G. B. & O’Connor, K. W. (2015). Fired for Facebook: using NLRB
guidance to craft appropriate social media policies. Business Horizons, 58,
571—579.