Sample Letter:
Teachers’ Off-Campus Social Media Conduct and Its Impact on the Classroom
This sample document is provided by the Bay Area Center to Counter Antisemitism (BACCA) with the intention of helping schools create more inclusive environments for all students. It is offered for informational purposes only and does not constitute legal advice. Please consult a licensed attorney before adopting or adapting any policy for your district.
Dear Superintendent [Name],
We respectfully write to raise an issue that we believe deserves the attention of every Bay Area school district: how teachers’ off-campus social media activity can affect students, families, and the classroom environment, and whether current district policies are well positioned to address it.
Undoubtedly, teachers, like all public employees, retain the right to speak as private citizens on their personal social media accounts. That right is
important and should be respected. Yet, at the same time, California law has long recognized that a teacher’s fitness to serve in the classroom is not confined to what happens during school hours or on school grounds. Decades
ago, the California Supreme Court held that off-duty conduct may be grounds for discipline when it has a real, demonstrable connection to teachers' ability to perform their roles and responsibilities, for example, when it undermines students’ trust, disrupts the school community, or raises legitimate doubts about whether the teacher can treat all students fairly.
Social media has made these situations more visible and, in many ways, more complicated. California courts have upheld the dismissal of a school
counselor whose off-campus Facebook comments, that were viewed as hostile toward immigrant and Latino students, caused them to lose trust in her and disrupted her school community, even though the posts were made on her own personal account, on her own time. Federal courts have reached similar conclusions in recent years, finding that off-duty social media activity loses its protected status once it raises concerns among students and staff and reasonably threatens the school’s ability to maintain a safe, respectful learning environment.
These examples share a common theme: the question courts and districts are asking is not whether a teacher’s personal views are popular or controversial - those views remain protected. The question is whether conduct that becomes known within the school community has a real effect on students’ trust, on a teacher’s ability to serve all students equally, and on the district’s own responsibility to maintain a safe and nondiscriminatory learning environment for every student, including students who may belong to groups targeted by
the conduct in question.
In reviewing the personal and social media policies of several Bay Area school districts, we found that most focus primarily on official district accounts, communications with students, and professional boundaries, rather than on personal, off-campus conduct that becomes public and affects the school community. Some larger California districts have adopted broader language, making clear that off-duty online activity may still be subject to district policy when it creates a substantial disruption or interferes with an employee's professional responsibilities (see, for example, the social media policy adopted by the Los Angeles school district). We believe Bay Area school districts should consider similar, broader guidance.
We are not asking that school districts monitor teachers' private lives or police their personal or political opinions. Nothing in the law suggests school districts should attempt to do so. Our request is more plain: that districts review their existing social media and employee conduct policies to confirm they give employees a clear, fair, and well-grounded framework for evaluating the cases in which off-campus online conduct genuinely affects students, staff, or the learning environment, including conduct that raises concerns about bias or unequal treatment toward any group of students, or promote violence and political campaigns.
Clear guidance would also benefit teachers. It would give them a better understanding of where the relevant boundaries may lie and help school
districts respond consistently when a controversy arises. Training for teachers and staff could reinforce these distinctions and reduce uncertainty for everyone involved.
We would welcome the opportunity to discuss this further, share our resources, or answer any questions you may have.
Thank you for your attention to this important issue and for the work you do on behalf of Bay Area students and families.
Sincerely,
