Privacy Issues in the Community College Workplace

court who also did not find a nexus between the off duty conduct and Lampedusa’s work as an educator.

The Court of Appeal agreed with the school district’s termination decision finding a sufficient nexus existed between the misconduct and the impact on Lampedusa’s performance as an educator. In reaching its decision, the Court of Appeal gave weight to the hearsay evidence of the anonymous parent complaint to find that the conduct had an adverse effect on students. Lampedusa’s principal also testified that she lost confidence in Lampedusa’s ability to serve as a role model for students, thus establishing an adverse effect on other educators. The Court also gave weight to the fact that the conduct was not remote in time and that Lampedusa served as an administrator and educator in a middle school at the time the ad was posted. Lampedusa’s conduct was further aggravated by the fact that he posted graphic, pornographic photos, and obscene written material on a website open to the public, that he admitted to posting similar ads in the past, that he would probably post tamer ads in the future, and that he believed he had not done anything immoral. The Court also relied on evidence that Lampedusa did not take responsibility for his conduct, but rather stated that he expected parents and students to take care not to look at such ads on Craigslist, which have both age restrictions and warnings that the content is explicit. Lampedusa also asserted that, if students saw his ad, it would not affect his ability to teach them effectively. The court found that Lampedusa's conduct was immoral because it evidenced indecency and moral indifference. The court further noted that disciplining Lampedusa for publicly posting his ad did not infringe on his constitutional rights or the rights of other teachers. These factors established evident unfitness for service. Lampedusa was disciplined not for seeking a consensual sexual relationship with another adult but because he used poor judgment in a manner that affected his ability to serve as an administrator in a middle school.

i. Exception – Discussions about Union Activity or about Terms and Conditions of Employment While employers may discipline employees for conduct on the internet that has a nexus to employment (see San Diego Unified School District v. Commission on Professional Competence (Lampedusa) above), employers should be careful not to discipline employees for complaints about the employee’s terms and conditions of employment. Several recent National Labor Relations Board (NLRB) complaints address whether employees may be disciplined for information that the employees post on their Facebook pages when the information relates to the terms and conditions of employment. (See American Medical Response of Connecticut, Inc .

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