ELECTRONIC COMMUNICATION AND SOCIAL MEDIAPOLICY

  1. Definitions

For the purposes of this Electronic Communication and Social Media Policy,the following terms are defined asfollows:

  • “Child” shall mean a Student: (a) who is the son or daughter (whetherby birth, marriage, or adoption) of the Staff Member in question; or (b)for whom the Staff Member is the legal guardian; or (c) who resides in theStaff Member’s home.
  • “Covered Technology” shall mean any Electronic Communication orSocial Media. For the purposes of this Policy, Covered Technology shallnot include any School-SponsoredTechnology.
  • “School” shall mean Providence Creek Academy CharterSchool.
  • “School-Sponsored Technology” shall mean any ElectronicCommunication or Social Media that has been officially authorized by the School,that operates under the School’s name, and that are paid for by theSchool.
  • “Electronic Communication” shall mean any communication that is sent by, delivered by, received by, or that otherwise uses: (a) email; (b)instant messaging; (c) text message; (d) telephone, including cellular ormobile phone and smartphones; (e) Social-Media site; (f) the Internet; or (g)any other similartechnology.
  • “Former Student” shall mean any person who has graduated from and whois no longer enrolled in aSchool.
  • “Online Conduct” shall mean: (a) the transmission of anyElectronic communication; and (b) the publication of any content via SocialMedia.
  • “Parent” shall mean the parent or legal guardian of the Student inquestion.
  • “Policy” shall mean this Electronic Communications and SocialMedia Policy.
  • “School” shall mean any and all public schools in theSchool.
  • “Social Media” or “Social-Media Site” shall mean any website, tool,or platform that enables communication between users or the publicationof content by an individual. Because of the developing nature of SocialMedia, there are too many Social-Media Sites to name each individually.For illustration purposes only, Social Media includes: (a) social-networkingsites (e.g., Facebook, MySpace, and LinkedIn); (b) blogs and microblogs(e.g., Wordpress, Blogger, Twitter, Tumbler); and (c) content-sharing sites(e.g., Flickr, YouTube, Vimeo, Scribd). Additionally, comments posted toa website or blog and other user-generated content are included in the definitionof Social Media for the purpose of thispolicy.
  • “Staff Member” shall mean any person who is employed by theSchool.
  • Associated Persons includes but not limited to parent, elected leaders of school committees, representatives, consultants, contracted employees, walk-on coaches, childcare/enrichment program providers, vendors and afterschool youth services providers.
  • “Volunteer of the School” shall mean a person who performs a service tothe Providence Creek Academy Charter School withoutpay.)
  • “Student” shall mean any person who currently is enrolled in any Schoolin the School. For the purposes of this Policy, a Student shall not include: (a)any Former Student; or (b) the child or relative of the Staff Member inquestion

II.Purpose &Scope

A.Statement ofPurpose

The dual purposes of this Policy are: (a) to prevent harm and potential harm tostudents caused by unmonitored Electronic Communications with Staff Members; and (b)to educate staff members how to participate in Social Media in a way that does not:(i) impede the Staff Member’s ability to perform his or her official School duties; or(ii) interfere with the School’s ability to ensure efficient and effective operation ofthe School. The purpose of this Policy is not to discourage Staff Members’ use ofSocial Media but to encourage use that does not interfere with School operations, impedethe ability of the Staff Member to perform their duties, or compromise the safety andwell- being ofStudents.

B.Scope

This Policy applies to the use of Covered Technology by Staff Members. ThisPolicy applies without regard to whether such use occurs during working or nonworkingtime and without regard to whether School equipment or property isused.

C.Applicability of OtherPolicies

This Policy is intended to supplement, not replace, other School policies.Although Online Conduct involves the use of a relatively new medium, it remains subject toall applicable School policies. For example, School policies governing SexualMisconduct, Cell Phone Use During Working Hours, Sexual and Other Unlawful Harassment,and Anti-Discrimination, apply to Online Conduct with the same force and effect asthey apply to conduct in any othercontext.

D.Questions About thisPolicy

Because of the rapidly changing and constantly evolving nature of theCovered Technology, it is likely that issues will arise that are not specifically addressed bythis Policy. Any Staff Member who is uncertain about the application of this Policy toa particular scenario or in a particular set of circumstances should seek the guidanceof the Director of Personnel before engaging in the questionable OnlineConduct.

III.Guidelines for Staff Members’ Use of SocialMedia

Staff Members, especially those who work directly with Students, who electto participate in Social Media should be aware of and avoid the risks associated withsuch participation. The guidelines that follow are intended to assist Staff Members toavoid suchrisks.

A.Social Media Is Permanent andPublic

Once published on the Internet, information cannot be retracted or deleted andits further publication cannot be limited or prevented. As a result, Staff Membersshould expect that any information that they publish online, including information publishedvia Social Media, will become public and permanent. Because there is noreasonable expectation of privacy with respect to information published online, Staff Membersmay be subject to corrective action for their use of Social Media if such use interfereswith the ability of the Staff Member to perform his or her job duties or that interferes withthe School’s effective and efficient operations. Staff members are prohibited fromposting on their own social media pages during the work day with the exception beingduring their duty free lunch orbreak.

B.Good Online Citizenship

Staff Members are encouraged to use the following guidelines to ensure theirOnline Conduct comports with the standards expected of good onlinecitizens:

  • Be Professional.

Maintain professionalism in all Online Conduct.Before engaging in Online Conduct, consider the impact such conduct wouldhave on your relationship with coworkers, peers, School administration,Students, Parents, and the community atlarge.

  • Be Cautious.

Be particularly cautious about protecting yourself,your privacy, and any sensitive or confidential information. Consider thepotential consequences that could occur if the information that you publish shouldbe later republished or shared by others without your expresspermission.

  • Be Transparent.

Be honest in all Online Conduct. Correctany misinformation that you publish immediately. Do not purport to be anexpert if you are notone.

Friend Requests

Staff Members are strongly encouraged to exercise discretion in inviting colleaguesto join their online social networks (a “friend request”). Even when made withgood intentions, such invitations may not be well received and can give rise to awkwardor uncomfortable situations or, worse, may be seen by the recipient as inappropriateor coercive. For these reasons, the following rules apply to friend requests madeand received by StaffMembers:

  • A Staff Member who is employed by the School in a supervisory capacity(a “supervisor”), is prohibited from making a friend request to any individualwhom the Staff Member supervises or who otherwise reports to the Staff Member(a “subordinate”).
  • A Staff Member-supervisor is not prohibited from accepting a friendrequest made by a subordinate but is encouraged to seriously considerthe consequences of doing so.
  • All Staff Members are prohibited from making a friend request toor accepting a friend request from any Student; except in cases where thestaff member is making or accepting the request in the capacity of a parent orlegal guardian.

IV.Prohibited Conduct

As stated above, Staff Member’s Online Conduct is subject to the same standardsof conduct applicable to conduct engaged in off-line. The following list is not intended tobe comprehensive or exclusive but, instead, to identify some examples of prohibitedOnline Conduct that is considered by the School to have the most serious consequences.Staff Members who engage in any of the prohibited conduct listed below will be subjectto corrective action in accordance with Schoolpolicy.

A.Prohibited Social-Media Conduct andUse

In the context of Social Media, Staff Members maynot:

  • Promote or endorse any illegal activity, including the use of illegal drugsand the consumption of alcohol by any underageperson;
  • Promote or endorse violence towards any person orpersons;
  • Promote or endorse discrimination against or harassment of any individualor group based on race, religion, gender, disability, sexual orientation orother characteristic protected bylaw;
  • Disclose any ConfidentialInformation;
  • Make a request to or accept a request from a Student to connect viaanySocial-Media Site, including but not limited to a Facebook “friend” request;except in cases where the staff member is making or accepting the request inthe capacity of a parent or legalguardian;
  • Engage in any Online Conduct that undermines or interferes with theStaff

Member’s ability to effectively perform his or her officialduties;

  • Engage in any Online Conduct that undermines or interferes withthe effective and efficient operation of the School or any of its Schools;and
  • Publishing any recording or image (including audio, video, andpictures), taken on School property without express advance authorization exceptin instances where a staff member is acting in the capacity of a parent,legal guardian orrelative.

B.Prohibited ElectronicCommunications

Subject to the exceptions identified in this Section, no Staff Member shall engage inan Electronic Communication with any Student for anypurpose.

A Staff Member may engage in an Electronic Communication with a Student onlyunder the following circumstances, subject to the conditions thatfollow:

Circumstances

  1. The Communication is for a legitimate purpose specifically related to theStaff Member’s official jobduties.
  2. The Communication: (a) is for a legitimate purpose that is not specifically relatedto the Staff Member’s official job duties but for a purpose that does not conflictor interfere with suchduties;

RequiredConditions

  • In Circumstance # 1the staff member must provide to theBuilding Administrator and School a written consent signed by the Student’sParent before engaging in thecommunication.
  • In Circumstance #2, the Staff Member must abide by DelawareAnnotated Code, Title 16, sections 903, 904, 905 and 914. (Summary ofapplicable codes are outlinedbelow).

§ 903. Reportsrequired.

Any person, agency, organization or entity who knows or in good faith suspectschild abuse or neglect shall make a report in accordance with § 904 of this title. Forpurposes of this section, "person" shall include, but shall not be limited to, any physician,any other person in the healing arts including any person licensed to render servicesin medicine, osteopathy or dentistry, any intern, resident, nurse, school employee,social worker, psychologist, medical examiner, hospital, health care institution, theMedical Society of Delaware or law-enforcement agency. In addition to and not in lieuof reporting to the Division of Family Services, any such person may also give oralor written notification of said knowledge or suspicion to any police officer whoisin the presence of such person for the purpose of rendering assistance to the childin question or investigating the cause of the child's injuries orcondition.

§ 904. Nature and content of report; to whommade.

Any report of child abuse or neglect required to be made under this chapter shallbe made to the Department of Services for Children, Youth and Their Families.An immediate oral report shall be made by telephone or otherwise. Reports andthe contents thereof including a written report, if requested, shall be made inaccordance with the rules and regulations of the Division, or in accordance with the rulesand regulations adopted by theDivision.

§ 905. Telephone reports, Child Protection Registry and informationsystem.

a)The Division shall establish and maintain a 24-hour statewide toll-freetelephone report line operating at all times and capable of receiving all reports of allegedabuse and neglect as defined in § 901 of Title10.

b)The Division shall maintain a Child Protection Registry and an internalinformation system as defined by § 902 of this title. Reports unsubstantiated may be kept inthe internal information system by the Division at itsdiscretion.

c)Although reports may be made anonymously, the Division shall in all cases,after obtaining relevant information regarding alleged abuse or neglect, request thename and address of any person making areport.

d)Upon receipt of a report, the Division shall immediately communicate such reportto its appropriate Division staff, after a check has been made with the internalinformation system to determine whether previous reports have been made regarding actualor suspected abuse or neglect of the subject child, or any reports regarding anysiblings, family members or the alleged perpetrator, and such information as may becontained from such previous reports. Such relevant information as may be contained inthe internal information system shall also be forwarded to the appropriate Divisionstaff.

§ 914. Penalty forviolation.

a)Whoever violates § 903 of this title shall be liable for a civil penalty not toexceed$10,000 for the first violation, and not to exceed $50,000 for any subsequentviolation.

b)In any action brought under this section, if the court finds a violation, the courtmay award costs and attorneys'fees.

V.Duty toReport

Just as all Staff Members have a duty to report a violation of the School’sAnti- Discrimination and Anti-Harassment policies, so, too must Staff Members reportany known or reasonably suspected violation of this Policy. Thus, any Staff Memberwho observes or who becomes aware of the violation of this Policy by another StaffMember has the duty to report such information to the School and to cooperate fully inany resulting investigation. The policy and procedures set forth in the School’sAnti- Harassment policy apply to the duty to report for the purposes of this Policy, aswell.

Failure to report a known or reasonably suspected violation of this Policy may resultin correctiveaction.

VI.Notice of Intent toMonitor

Staff Members are hereby notified that any content posted online may be discoveredor reported to the School. For example, information may be discovered by the School asa result of the School’s efforts to monitor its online reputation, as a result ofan investigation or complaint, or other legitimatereason.

Staff Members are also notified that information received or discovered by theSchool will be handled in accordance with the School’s policies and procedures with leveled consequences which could include verbal warning, written warning, and possible termination. StaffMembers are reminded that there is no reasonable expectation of privacy with respectto information publishedonline.

Approved by the Board of Directors April 29. 2015