This document outlines a presentation on developing social media policies for higher education institutions. It discusses the importance of having clear and legally compliant social media policies to protect institutions and individuals. It provides examples of social media issues that have arisen at universities and reviews components and lessons learned for effective policy development, including avoiding overly broad restrictions and clearly defining expectations and violations. The presentation emphasizes that social media is public, permanent and powerful, and policies must be carefully crafted to balance rights and manage risks.

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USG & TCSG
Social Media Policy
Overview
Deborah Gonzalez, Esq. Law2sm
May 13, 2014

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Disclaimer
Information provided in this session is for
general educational purposes and
should not be construed as legal advice.
It is recommended that you seek legal
counsel licensed in your jurisdiction for
handling of specific legal matters.

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Session Overview
• Introductions
• Putting it in
context
• Basic Facts
• NLRB
• Lessons
Learned
• More…
Why does it matter?
Social Media
Policies
Q&A

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Context
http://www.youtube.com/watch?v=sIFYPQjYhv8

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Context
http://www.youtube.com/watch?v=fT-eXw7Xsjo

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Context
http://www.youtube.com/watch?v=hs3CVry2EQ8

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Social Media: Higher Ed Version
Two students in a course who are dating break up. The
professor has set up a Facebook page for students to
comment on the course. One of the students involved in
the breakup posts a defamatory comment about the other.
Can the professor take the comment down?
(Based on a University of Chicago case)
An admissions counselor tweets about a student-athlete’s
glasses being thicker than the previous pair and questions
why.

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Social Media: Higher Ed Version
An adjunct professor requires social media in his course for
grading. A visually impaired student complains she cannot
access the information and it is affecting her grade.
(Based on California State University’s Accessible Technology Initiative
Report, released June, 2011)

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Social Media: Higher Ed Version
A faculty member, who is advisor to a student club, has a
practice of cutting out relevant articles and putting them in a
folder for students to review. The student club creates a
Facebook Fan Page. The faculty member searches online and
posts links to some articles on the fan page. Some she cannot
find, so she scans them and posts the .pdf files on the page
without citing sources.
A faculty member opens a twitter account and uses his
university’s logo as the profile image

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Social Media: Higher Ed Version
A faculty member posts on Facebook that he completed the initial
phrase of a research project that proves XYZ theory.
A faculty member serving on a search committee is Facebook friends
with one of the candidates.
A college student commits suicide because he is bullied online.

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Social Media Legal Concerns
Marketing
Privacy
Publicity
Promotions
Free Speech
Employment/HR
Recruitment
NLRB
Ownership of Accounts
Mobile/BYOD
Regulatory
Compliance
Finance, Insurance,
Medical, Pharma, Legal,
etc.
Professional Association
white papers, guidelines,
rules
Disclosure,
documentation, etc.

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Social Media Policy: What?
A policy is basically a statement of intent by an
institution as to how certain issues are to be
addressed by the institution and those affiliated to it –
faculty, staff, students, third-party vendors, etc.
Policies list the express rules that will govern certain
decisions the institution makes and how violations of
these rules will then affect employees and those
subject to the policies.

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Social Media Policy: What?
A social media policy outlines how employees (and
faculty, students, etc.) should use social media
whether on behalf of the Institution or even on
personal accounts.
The National Labor Relations Board (NLRB) has a lot
to say about whether certain clauses in these policies
are valid or violate the National Labor Relations Act.

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Social Media Policy: Why?
To comply with regulatory guidance (i.e. FERPA)
To be legal
To avoid misuse by affiliates
To protect the institution’s affiliates
To protect the institution’s reputation
To protect the institution’s assets
To minimize risk and litigation

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Social Media FFIEC Definition
The FFIEC considers social media a
form of interactive online communication
in which users can generate and share
content through text, images, audio,
and/or video.

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Social Media FFIEC Definition
Social media can take many forms, including,
but not limited to, micro-blogging sites (e.g.,
Facebook, Google Plus, MySpace, and
Twitter); forums, blogs, customer review Web
sites and bulletin boards (e.g., Yelp); photo
and video sites (e.g., Flickr and YouTube);
sites that enable professional networking (e.g.,
LinkedIn); virtual worlds (e.g., Second Life);
and social games (e.g., FarmVille and
CityVille).

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Social Media FFIEC Definition
Social media can be distinguished from
other online media in that the
communication tends to be more
interactive.

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Social Media Policy: Facts
Social Media is here to stay.
Social Media is public, permanent, and
powerful.
The line between professional and personal
is blurring.
Employees are using social media every day,
sometimes multiple times a day on multiple
devices.

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Social Media Policy: Facts
Faculty, students, and staff have rights in
regards to social media use.
 Institutions of higher education have rights
and responsibilities to protect their data and
reputation.
Social Media policies can benefit the staff,
students, faculty and the institution.

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Social Media Policy: Facts
Social Media policies are part of an over-all
strategy that includes ongoing communication
and training.
Social Media policies relate to other policies
such as email, communication, privacy,
confidentiality, technology use, ethical code of
conduct, etc.
Social Media policies must match the culture
and operating characteristics of the institution.

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Risk Management
Have a clear and comprehensive social
media plan, policy, & protocol

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Social Media Policy: The 5 C’s
Control
Connections
Content
Confidentiality
Coherence
Bloomberg BNA, www.kelleydrye.com

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Social Media Policy: Components
 Identify benefits of social media
 Address the risks of social media
 Designate contact person(s) for people to consult with in
regards to this policy (name, title, contact info including
telephone, email and/or other communications contact)
 Describe the institution’s expectations, the fact that individuals
are going to be responsible for their online activities
 Acknowledge that there are risks referring to the college’s
name in social media (opinions of individual vs opinions of
institution)

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Social Media Policy: Components
 Refer to institution’s computer usage policy (and other
related policies)
 Requirement of protection of student and employee
privacy – FERPA, HIPAA, etc.
 Address rules on advertising and disclosure.
 Outline the potential for conflict of interest/risks

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Social Media Policy: Components
 Institution reserves the right to take disciplinary
action against who violates – and must outline what
those actions may be
 Does the policy state that the institution reserves the
right to monitor use of social media by the individual
while the individual is using company equipment?
 Social Media account ownership issues, BYOD?

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Social Media Policy: Lessons
Learned
 Do not be overbroad with your prohibitions:
employees have the right to discuss about their
terms and conditions of employment, including: to
discuss their supervisor’s performance, to complain
about their supervisor, to criticize their supervisor
and to protest their supervisor’s actions.
 Employees have the right to discuss these things
with co-workers AND third-parties.

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Social Media Policy: Lessons
Learned
 Give examples of confidential information, trade
secrets, etc.
 Give examples of what behavior is considered
violations of the policy.
 Employers can put limits on postings that appear or
would appear to be on behalf of the employer.

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Social Media Policy: Lessons
Learned
 Do not rely on catch-all legalese clauses.
 Do not use overbroad or vague terms such as:
defamation, disparagement, or inappropriate.
 Do not require employees to report violations of the
policy.

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Social Media Policy: Lessons
Learned
 Do not warn employees to avoid controversial topics
– may be interpreted as encouraging employees to
keep grievance internal.
 Have the employee sign the policy.
 Make sure the policy is accessible.
 Train employees on the policy.
 Review the policy whenever anything major
happens.

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Thoughts
Social Media is continuously evolving.
Students & faculty are creative, innovative, &
sometimes unpredictable.
Social media is public, permanent, and
powerful.

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Thank you! Questions?
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Deborah Gonzalez, Esq.
Law2sm, LLC
www.law2sm.com
678-404-6516
deborah@law2sm.com
Twitter: @law2sm
Facebook: Law2sm
LinkedIn: Deborah Gonzalez