1/7 Managing Risks Associated With Faculty Use of Social Media EduRiskSolutions.org As seen in recent news coverage, college and university faculty have increasingly found themselves at the center of firestorms due to their use of social media. Faculty engaging in controversial behavior on social media can negatively impact their institutions by causing a decline in enrollment, reducing funding from alumni and other donors, and increasing liability exposure. In these circumstances, colleges and universities are placed in the difficult position of balancing the faculty member’s rights to free speech at public institutions and academic freedom with the right of students and employees to be free from unlawful harassment and discrimination. This report explores actions institutions can take to help manage the risks associated with faculty social media usage. Risk Research Bulletin Managing Risks Associated With Faculty Use of Social Media Example: In one United Educators (UE) claim, a tenured professor posted criticism of Muslims on Facebook. Students and faculty members filed internal complaints asserting that the post and the professor’s in-class speech constituted harassment. Additionally, two faculty members who challenged the professor about his comments filed internal complaints alleging retaliation by the professor. The university’s investigation determined the professor’s post did not violate its anti-harassment policy, but that he did retaliate against the two faculty members. This finding prompted the professor to sue the university, alleging, among other things, violations of free speech, freedom of religion, and the right to political association.
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1/7 Managing Risks Associated With Faculty Use of Social Media EduRiskSolutions.org
As seen in recent news coverage, college and university faculty have increasingly found themselves at the center of firestorms due to their use of social media. Faculty engaging in controversial behavior on social media can negatively impact their institutions by causing a decline in enrollment, reducing funding from alumni and other donors, and increasing liability exposure.
In these circumstances, colleges and universities are placed in the difficult position of balancing the faculty member’s rights to free speech at public institutions and academic freedom with the right of students and employees to be free from unlawful harassment and discrimination. This report explores actions institutions can take to help manage the risks associated with
faculty social media usage.
Risk Research Bulletin
Managing Risks Associated With Faculty Use of Social Media
Example: In one United Educators (UE) claim, a tenured professor posted criticism of Muslims on Facebook. Students and faculty members filed internal complaints asserting that the post and the professor’s in-class speech constituted harassment. Additionally, two faculty members who challenged the professor about his comments filed internal complaints alleging retaliation by the professor. The university’s investigation determined the professor’s post did not violate its anti-harassment policy, but that he did retaliate against the two faculty members. This finding prompted the professor to sue the university, alleging, among other things, violations of free speech, freedom of religion, and the right to political association.
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Faculty Social Media and Institutional Liability
College and university responses to the controversial statements made online by faculty have varied:
❚ One university rescinded a job offer to a professor following outcry over his anti-Israel comments on Twitter, due to the “uncivil tenor” of his tweets.
❚ Another university issued a statement distancing itself from a sociology professor who made controversial remarks about white men, race, and slavery on Twitter, but still proceeded with a tenure track job offer to the professor.
❚ A tenured professor’s blog post alleged a federal conspiracy in the Sandy Hook school shooting in Newtown, Conn. The institution responded by firing the professor, claiming insubordination and circumvention of school policies.
As more faculty enter academia who have grown up with social media and are more comfortable openly sharing information and opinions online, institutions should anticipate an increase in faculty use of social media to express views on scholarship or politics. Consider the following practices to help your institution better manage the risks associated with faculty social media usage.
Review the Faculty Handbook
Articulate and reinforce key valuesThe faculty handbook articulates the relationship between the institution and its faculty. When employment disputes arise between colleges and their faculty, the courts look to the handbook to determine whether the college followed the policies set forth therein, and how the rights of faculty are defined. For this reason, the faculty handbook should explicitly outline the institution’s values, such as promoting diversity and inclusion, and reinforce the values in institutional policies, such as the anti-harassment policy. For example, the preamble to the University of Arizona’s faculty handbook states, “The University of Arizona adheres to a number of guidelines to ensure an inclusive,
discrimination-free environment. Here are just a few of the policies the university follows. . .”
Institutions should regularly reinforce their core values when communicating with faculty and students, and note how they apply in contexts such as social media. The integration of the institutional values into policies and, more importantly, day-to-day interactions, can help prevent unacceptable behavior and minimize the risks of legal liability.
Values Integration
Other ways to integrate values into campus culture include:
• Leading by example. Campus leadership must embody
the values expected of all faculty,
staff and students.
• Teaching values. Student orientation
and employee training should
incorporate the school’s values and
emphasize its commitment to them.
• Recognizing and rewarding values. Seek opportunities to acknowledge
students and faculty for exemplifying
the institution’s values.
• Incorporating values into the hiring and performance review process. Use organizational values
as a standard against which to
screen potential employees and
evaluate current employees.
• Align values in messaging. Ensure that the values communicated
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Address social media behavior in faculty codes of conductAdditionally, colleges and universities should review their codes of conduct to ensure that they are broad enough to cover possible abuses of social media, such as harassment or defamation. The code should help the institution assess whether the online behavior of a faculty member is merely offensive, or actually violates established rules which may warrant punishment.
Educate Faculty and Students on Academic Freedom and Free Speech
Many members of the academic community, particularly students, are unfamiliar with the rights and limitations of academic freedom and free speech. Some members erroneously believe that they are entitled to unabridged speech, while others mistakenly believe that they are entitled to protection from any speech they find offensive. Institutions should develop forums wherein faculty, students, and administrators can engage with one another regarding the parameters of free speech and academic freedom inside and outside the classroom. For instance, many colleges and universities have convened committees of faculty, students, and staff to evaluate issues surrounding free expression on campus. Some issues these committees might address include:
❚ Investigating alleged infringements upon the campus community members’ rights concerning speech, debate, open expression, protest, dissent, and other related matters
❚ Providing campuswide education and training about issues of speech, debate, open expression, protest, dissent, and other related matters
❚ Regularly reviewing the institution’s policies relating to free speech on campus and, if necessary, recommending changes
Institutions should also consider hosting guest lectures or disseminating statements of free expression to engage faculty and students in discussions about free speech and the principle of academic freedom.
The University of Chicago developed what has been deemed a model formal statement of free expression. Specifically, it is praised for its clear articulation of how the principles of free speech and free expression are core to an institution. Over 20 colleges and universities have adopted the “Chicago Statement.” For example, consider these excerpts:
“It is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.”
“The freedom to debate and discuss the merits of competing ideas does not, of course, mean that individuals may say whatever they wish, wherever they wish. The University may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the University. . . [I]t is vitally important that these exceptions never be used in a manner that is inconsistent with the University’s commitment to a completely free and open discussion of ideas.
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Develop Guidelines for Social Media Use
Many higher education institutions have been wary of adopting a formal social media policy for fear that it will be perceived as punishing controversial speech. In lieu of a formal social media policy, consider adopting these guidelines to encourage responsible social media use without censoring speech:
EDUCATE FACULTY on the lasting impact their online language may have on the organization and their own careers. Pose this question: Would you want to see your post on the front page of the newspaper tomorrow or even 10 years from now?
ADVISE EMPLOYEES to protect themselves from damage to their personal and professional reputations by being professional and respectful when engaging online and verifying information before posting. Educate faculty that they may be personally liable for content posted on social media, including content that is defamatory, proprietary, libelous, obscene, or violates a copyright.
IDENTIFY ANY RESTRICTIONS on using the institution’s trademark where faculty are engaged in communications or activities that are not directly connected to school business.
Direct faculty to INCLUDE A DISCLAIMER on their social media posts in which their affiliation with the college is apparent, stating: “views expressed online are personal opinions and in no way endorsed by the institution” or “views and opinions expressed here are my own and do not reflect that of my employer.”
Conduct an Assessment of Potentially Threatening or Harassing Speech
Despite the broad protection afforded most speech by the First Amendment, there is no protection for speech found to pose a “true threat” or a threat of violence directed at a person or group of people with the intent of placing the target at risk of bodily harm or death. Institutions should make clear that such speech, even on social media, will not be tolerated. Institutions should conduct an assessment of faculty statements brought to their attention to determine whether these instances of online speech reasonably pose a threat to the safety and welfare of the target or are merely offensive speech.
Once a report of threatening speech is made, the institution’s threat assessment team or someone trained to conduct such assessments should:
Report the threat to law enforcement, if necessary
Respond to the report as soon as possible, typically within 24 hours
Identify the subject(s) of concern
Collect the available information
Interview witnesses and subject(s) of concern, as appropriate
Assess whether subject(s) is an imminent threat to self or others and take appropriate action
Develop a specific intervention or prevention strategy, as necessary
Communicate with staff or the campus community regarding the situation as needed
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Colleges and universities should take immediate action to punish true threats or harassment as defined by federal anti-discrimination law.
Develop a Crisis Communications Strategy for Responding to Online Speech
Inflammatory social media posts by faculty can go viral within hours, thrusting the institutions they work for into the spotlight along with them. Therefore, it is critical that colleges and universities respond quickly and strategically to these events to mitigate reputational or financial risks. A timely, tailored, honest, and compassionate response will allow the institution to retain its reputation, the public’s trust, and financial stability.
UE’s Risk Research Bulletin, “A Guide to Creating and Improving a Campus Crisis Communication Plan,” outlines the steps to developing a sound crisis communications strategy to respond to social media firestorms:
❚ Define the types of crises to which the plan is intended to apply, ensuring reputational threats arising from faculty social media behavior are covered.
❚ Anticipate likely crises by reviewing local, national, and education-specific media to see which issues generate publicity for educational institutions.
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❚ Set objectives to guide decision-making during the crisis and set standards to measure the plan’s success.
❚ Create a crisis communications team composed of multidisciplinary representatives across campus whose input will be necessary for communicating in a crisis, such as the director of public affairs, president or chancellor, general counsel, head of IT, dean of students, and head of security.
❚ Focus communication efforts on anticipated target audiences, such as faculty, staff, students, parents, alumni, local community, and the media.
❚ Create effective messages based on the anticipated audience’s questions, such as: What happened? What actions has the institution taken and what actions does it intend to take in response?
❚ Determine how best to reach target audiences through available modes of communication, such as social media, websites, email, and text.
❚ Identify and train appropriate media spokespeople.
❚ Communicate with nonmedia audiences, including victims and their families, using discretion and sensitivity.
Conclusion
While social media has offered a new venue for faculty behavior, the principles of free speech and academic freedom remain unchanged. College and university campuses are continuously working to foster environments in which all community members feel welcome and free to engage in discourse, even when positions may be unpopular or offensive to others. Employing the practices outlined will help institutions create safe learning environments for students and desirable workplaces for academics.
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ResourcesSocial Networking Policies for Employees
Responding to Social Apps on Campus
Emory University Statement on Open Expression
Emory University Policy 8.14, Respect for Open Expression Policy
Emory University Respect for Open Expression Initiative
The University of Arizona Diversity Policies and Statements
The University of Arizona Anti-Harassment Policy
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The material appearing in this publication is presented for informational purposes and should not be considered legal advice or used as such.
