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Legal and Ethical Issues Regarding Social Media Use in S Legal and Ethical Issues Regarding Social Media Use in Schools TECH 519 Using Social Media in the Classroom University of Phoenix Yoder v. University of Louisville The case of Nina Yoder is reviewed first because it parallels the k...
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Legal and Ethical Issues Regarding Social Media Use in Schools 1
Legal and Ethical Issues Regarding Social Media Use in Schools
TECH 519
Using Social Media in the Classroom
University of Phoenix
, Legal and Ethical Issues Regarding Social Media Use in Schools 2
Yoder v. University of Louisville
The case of Nina Yoder is reviewed first because it parallels the kind of situation that
could arise in pharmacy education. Early in 2009, Ms. Yoder was a nursing student on an
experiential education rotation when she made caustic and profane observations on race,
sex, and religion when commenting in MySpace postings about patients she had
encountered. The School of Nursing expelled her for violating their honor code, which
provided in part: “As a representative of the School of Nursing, I pledge to adhere to the
highest standards of honesty, integrity, accountability, confidentiality, and
professionalism, in all my written work, spoken words, actions and interactions with
patients, families, peers and faculty.”
While the institution viewed this as an honor code case, Ms. Yoder considered it a case of
her First Amendment freedom of speech rights being violated by a public institution. The
student also raised procedural due process arguments. She alleged that while she was
given the right to appeal her dismissal, which was denied, she was offered no hearing to
present evidence and witnesses in her defense.
When the case reached the US District Court both sides moved for summary judgment
based on filings with the court. The federal trial court judge sidestepped both the freedom
of speech and due process arguments, ruling that both the honor code and a
confidentiality agreement signed by nursing students governed the situation. He
concluded that the wording of those documents and the way they were explained to the
students was so ambiguous that they could not be used as a basis for the expulsion.
Reflection:
In posting on social media she must have not violated patient confidentiality, because that
seems for immediate ground for removal. Being a student and violating an honor code
seems a bit different that teachers talking about specific students. I have seen case where
teachers have been removed because of something they post online about students,
parents or administration.
Snyder v. Millersville University
The second case for discussion also involved a university student engaged in experiential
learning. A student teacher had posted pictures of herself dressed as a pirate and
apparently drunk on MySpace. The school district, classifying her as an employee rather
than as a student for purposes of evaluating her, barred her from the classroom prior to
her completing the semester. The university where she was enrolled reclassified some
credits, issuing her a degree in English rather than the education degree that would have
qualified her to seek credentialing. The student teacher argued that being classified as an
employee narrowed her freedom of speech rights compared to what they would have
been under a student category.
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