DEBF-AP: Employee Speech

For the purposes of this policy, speech includes statements made orally, in writing/print, electronically (e.g., online, on social media, through video, text message, etc.) and/or visual mediums (e.g., photographs, videos, etc.).

SPEECH MADE AS AN EMPLOYEE

Speech made as a school district employee is not constitutionally protected. The district requires that when staff are acting in their official capacity as school district employees, they shall use sound judgment when making statements pursuant to their official responsibilities and only to the extent that they possess accurate information. Speech made by staff in their official capacity as school district employees shall furthermore be in keeping with the district’s mission statement.

Speech made pursuant to official district responsibilities that is knowingly false or inaccurate; made with reckless disregard for the truth; that violates the district’s mission statement; that causes or leads to substantial disruption of the educational environment; poses a safety threat to district students, staff, or operations; violates district policies; or impedes on the school district’s interest, including, but not limited to, delivery of public services, may be grounds for disciplinary action in accordance with law, district policy, and, if applicable, the negotiated agreement.

SPEECH MADE AS A PRIVATE CITIZEN

When school district employees make statements as a private citizen about matters of public concern, the district may take disciplinary action if such statements substantially disrupt the educational environment. Prior to taking disciplinary action, the district should document the manner in which the speech at issue disrupted the educational environment and shall consult with district legal counsel to determine if the speech is indeed a matter of public concern and meets the substantial disruption standard.

When school district employees make statements as a private citizen about matters that are not of public concern, the District may take disciplinary action for reasons such as, but not limited to, the speech substantially disrupts the educational environment; poses a safety threat to district students, staff, or operations; violates district policies on off-duty conduct; contains content unbecoming to a teacher; or impedes on the school district’s interest, including, but not limited to, delivery of public services. Prior to taking disciplinary action, the district shall consult with district legal counsel to determine if the speech is unprotected (i.e., does not address a matter of public concern).

OTHER PROVISIONS

In addition to the requirements established by this policy, the district has policies on confidentiality that govern on- and off-duty speech of district employees. The district also prohibits use of district owned or created material such as, but not limited to, the district’s logo or copy trademark without first obtaining the permission of the district’s trademark enforcement vendor. Failure to obtain such permission may result in disciplinary action in accordance with the district’s copyright policy.

Adopted: 07/12/16

Reviewed:

Revised: