Image: Adapted from http://images.despair.com/products/demotivators/power.jpg

Giving all teachers the right to serve as judge, jury and editor is foolhardy, some say. In a Web 1.0 world, elaborate processes were put in place to protect school districts from disgruntled or foolish teachers who might post something online embarrassing about the District. Yet, now, when everyone can publish at will, it’s a bit foolish. You just have to expect people to grow up and learn from their mistakes. But what happens when those mistakes impact students…and don’t involve the Web, that amplifier of everyman’s voice?

Consider the case of the journalism teacher put on administrative leave with pay:

TONOPAH, Ariz. — A West Valley high school student is facing a hurtful end to her freshman year. At the same time, a teacher has now been placed on paid administrative leave. Fifteen-year-old Marie Gray is a student at Tonopah Valley High School. Gray said she was in class this week when someone asked her if she had seen what was written by her name in the school yearbook.

When Gray looked, the words “fat ass” appeared in a printed collage right below her name…”It’s still there, it still happened, they can’t rearrange time and take it back. It’s always going to be there,” said Gray. Superintindent Mark Joraanstad with the Saddle Mountain Unified School District said the school district is investigating to find the student or students responsible.
Source: ABC15News, 05/14/2009

Once a picture is out there, it’s out there (links are to YouTube videos). Obviously, procedures fail, even with print publications like yearbooks that enjoy close scrutiny. What kinds of consequences should there be for the teacher who failed to catch the bad label for a high school student? Consider the following:

In the wake of several federal court decisions limiting the authority of school officials to censor the high school press, the tort liability of teachers and advisers is not yet clear. However, it does appear that there are two areas where the journalism teacher can be found negligent for breach of the duties to instruct and to supervise properly. Liability could result from “misfeasance,” whereby the teacher assigns a student reporter to a risky or dangerous story that might result in injury to that student.

The teacher might also be held liable for “nonfeasance” if he or she fails to advise a student reporter or editor properly concerning tortious content of a story or fails to provide proper instruction within the curriculum concerning the legal responsibilities of newsgathering and publishing. In brief, journalism training in the public schools can no longer be confined to the practical skills of newsgathering and reporting. Every curriculum must include instruction on the legal responsibilities of publication. The best protection schools can have against lawsuits is to hire only certified journalism teachers, preferably those with some professional experience.
Source: Tort Liability of the Public Secondary School Journalism Teacher for Investigative Reporting Assignments.

Is this a case of misfeasance or nonfeasance? I haven’t a clue, I’m not a professional journalist. Should we grant teachers, even journalists, the power to publish at will online even when they may not even be trustable with print publications like yearbooks and newsletters?

What would it take to become a professional blogger and citizen-journalist? Is there a certifying course teachers can take to validate their ability to become citizen-journalists and be trusted to publish online? Or, is this just the wrong approach?

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