Teachers are your moral compass

I was reprimanded by my employer for violating our district's Off Duty Internet Use policy - specifically, for posting a link on my blog that went to a site that featured "immoral content."

I explained that I was unaware that the content of the site was "immoral." I asked how it could be immoral, and no one was able to explain it, they just said that it was.

Then I asked for a clear, concise definition of what morality was so that I could ensure that I do not make these types of transgressions in the future.

I was told that they could not define morality, that they would not define morality.

I asked why my private website containing links to supposedly immoral content was an issue.

I was told that as a teacher, I am supposed to be a role model for students, and part of my job was to model good moral behavior. I am expected to model that behavior at all times, even when I am not at work.

I asked why my personal life was not a matter of district concern, and they said that as a teacher and a representative of the district, I was responsible for modeling good moral behavior at all times. As a teacher, I am the single most influential component of a child's moral development as a human being.

So let me get this straight - my role as a teacher and role model is now extended beyond the school day to all 24 hours, 365 days of every year.

Yes, that is the case.

Hmmm...so if public school teachers and other representatives of schools are the chief proponents of instilling morals in children and upholding codes of morality, then once could argue that my apparent inability to act morally off duty is a direct reflection not of my upbringing but of my education.

Did I mention that I attended the district that I currently teach in? I was a student there for 9 years and graduated with honors from this district.

I think I am going to sue the district for loss of income and punitive damages for not properly instilling morals in me when I was a student there, because clearly if my teachers had done a better job modeling morals, I would not have made such huge transgressions and would not be in this situation right now.

Employee Off Duty Conduct and Morality

I will go to every school board meeting from now through the end of the school year and request during open forum that I submit all planned future web updates to my site to the board for review, to ensure that anything I post on my personal website is in compliance with the school district's off duty internet use policy. I will demand that the board read thoroughly any new blog entires and hyperlinks to other sites prior to me making them available to the web for public viewing. I will continue to do this every week for the rest of the year. I will request that the board review all content since they are refusing to give a clear, concise definition of what "immoral" is. Without a clear definition, I will never know if my content is moral, so I feel it is in the best interest of the board, the district, and myself if the board preapproves all of my blog entries and links for morality. In addition, the board agrees to read the entire contents of any site that I link to in an effort to ensure morality in their content as well.

I am also requesting a board member or district representative act as my chaperone for all of my off duty activites, including driving to and from work, running errands, attending concerts, volunteering at the homeless shelter, visits spent with family, and time spent at home, to ensure that my off duty behavior is also in compliance with our currently undefined morality code. Failure to provide me with a chaperone OR failure to clearly define "immoral" will result in the district conceding that any activity I participate in outside of the confines of the school day or school buidings (essentially, any off duty conduct) is moral by default and cannot be cited for disciplinary reasons in the future.

Regarding my last post

The so called "policy" is illegal.

Here is the case in which this was all decided:

U.S. Supreme Court

PICKERING v. BOARD OF EDUCATION, 391 U.S. 563 (1968)

391 U.S. 563 PICKERING v. BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT
205, WILL COUNTY.
APPEAL FROM THE SUPREME COURT OF ILLINOIS. No. 510.
Argued March 27, 1968.
Decided June 3, 1968.

"While criminal sanctions and damage awards have a somewhat different impact on the exercise of the right to freedom of speech from dismissal from employment, it is apparent that the threat of dismissal from public employment is nonetheless a potent means of inhibiting speech. We have already noted our disinclination to make an across-the-board equation of dismissal from public employment for remarks critical of superiors with awarding damages in a libel suit by a public official for similar criticism. However, in a case such as the present one, in which the fact of employment is only tangentially and insubstantially involved in the subject matter of the public communication made by a teacher, we conclude that it is necessary to regard the teacher as the member of the general public he seeks to be.

In sum, we hold that, in a case such as this, absent proof of false statements knowingly or recklessly made by him, 6 a teacher's exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment. Since no [391 U.S. 563, 575] such showing has been made in this case regarding appellant's letter, see Appendix, infra, his dismissal for writing it cannot be upheld and the judgment of the Illinois Supreme Court must, accordingly, be reversed and the case remanded for further proceedings not inconsistent with this opinion."

From Our Friends at the ACLU

Free Speech Rights of Public School Teachers

April 15, 2003

Speech Outside of School Teachers do not forfeit the right to comment publicly on matters of public importance simply because they accept a public school teaching position. Teachers cannot be fired or disciplined for statements about matters of public importance unless it can be demonstrated that the teacher’s speech created a substantial adverse impact on school functioning. A teacher's off-campus statements regarding the war or participation in an off-campus political demonstration are not acceptable bases for job discipline or termination. Hmmm... now let's compare that to the latest "policy" that was implemented at a certain public school Policy Regarding Off-Duty Internet/email use: As a representative of the School District , your off-duty conduct may impact your employment in some circumstances. For example, off-duty conduct that is immoral and may risk involvement with other members of the school community may lead to discipline or dismissal. Faculty and staff must maintain appropriate boundaries between students and themselves even when they are off-duty. Because email and the Internet encourage informal communications, it is important that you take care when using the technology whether you are on or off duty. The School District does not wish to interfere with or restrict freedom of expression. However, language or images in emails or on the Internet that harm or endanger others, particularly students, may fall outside the realm of protected speech. As we all know, email and Internet use is never truly private; email and Internet communications may be retained or retrieved for years despite the use of the "delete" key. To that end, the School District has listed some examples of problematic conduct below.: Having a website that has immoral pictures or information on it or contains links to immoral websites. Using email or the Internet to criticize, disparage or ridicule students, staff, or the District in a manner that is disruptive or defamatory. I'll let you folks decide the legality of this one.

First Amendment?

What would you do if your employer decided to implement a new "policy" regarding off duty behavior - specifically, your off duty use of the internet. Now, I am not talking about you blogging from work, or using a work email account for personal communication, or even you using your work computer for personal use.

No.

I'm talking about your employer dictating what you can and cannot do when you're off the clock, out of the office, in the privacy of your own home.

I'm talking about your employer deciding that anything you do that can be deemed "immoral" is grounds for termination of your employment.

My employer recently implemented such a policy. If I conduct myself in any way that can be considered "immoral", I can be fired.

Except...they never specified what immoral is.

I guess that means that the definition of morality is open to interpretation.

So let me get this straight...if someone in my community sees me at the grocery store buying condoms...and they take issue with the fact that I am having premarital sex...can I get fired for that? Afterall...for some people, having premarital sex is immoral.

What if I go out to dinner and someone sees me drinking alcohol with my meal. For some people, the consumption of alcohol is immoral. Can I be fired for that?

What if I am a homosexual, and I decided to have a civil union ceremony with my partner, and we post photos of us from the ceremony on our flickr page...and someone in my community finds homosexuality immoral...can I be fired for that?

In addition to a loosely applied concept of morality, my employer states that I can be terminated for not only having a website that contains immoral photos or information, but for having a website that simply links to a site that contains immoral information.

So apparently, I am now responsible for what everyone else on the internet writes. Because if I link to a site, and that site links to another, eventually a series of links can land you on an immoral site.

I guess that means all search engines are out too, since a search engine will eventually pull up immoral sites if one searches my name on the internet.

Oh yes..if one has a presence on the web, one can be fired for it.

All this for $30k a year.

Entry Number 1

There will be more to come, I promise.

In the meantime, I have gone off in search of my civil liberties.

I'll let you know if I find them.