Kimberly Hester, Michigan Teacher's Aide, Files Lawsuit For Losing Job After Denying School District Access To Facebook

A Michigan teacher's aide is fighting a legal battle with the Lewis Cass Intermediate School District for removing her from her position after refusing to give the district access to her Facebook page.

Kimberly Hester was a teacher's aide at Frank Squires Elementary School in Cassopolis, Mich. last April when she jokingly posted a photo of a coworker to her personal Facebook page. The picture shows a pair of shoes and pants around the ankles, WSBT-TV reports.

"It was very mild, no pornography," Hester told the station.

A parent who was Facebook friends with Hester, and thus could see her posts, notified the school about the image. A few days later, Lewis Cass ISD Superintendent Robert Colby asked her repeatedly for access to her Facebook. Each time, Hester refused.

In response, the district's special education director wrote to her that "…in the absence of you voluntarily granting Lewis Cass ISD administration access to you[r] Facebook page, we will assume the worst and act accordingly," according to WSBT-TV.

Hester went on paid administrative leave, to collect workers' compensation, before she was suspended. She is now on unpaid leave and is scheduled for arbitration in May.

“I stand by it,” Hester said in a statement. “I did nothing wrong. And I would not, still to this day, let them in my Facebook. And I don’t think it’s OK for an employer to ask you.”

Hester's battle resonates with Michigan Republican state Reps. Matt Lori and Aric Nesbitt, who reportedly contacted the teacher's aide Thursday to include her story in House Bill 5523. The legislation would make it illegal for employers to request employees' login information for social networking sites.

But in Washington last week, the House of Representatives struck down an amendment, titled "Mind Your Own Business On Paswords," that would prevent companies from requiring current or potential employees to surrender their passwords to social networking sites.

In response to widespread controversy over employers' requests for social networking information, Facebook issued a statement March 23 that reinforces its commitment to protecting user privacy, threatening lawsuits against companies who make such requests.

Comments

[livetoteach4ever]

06:37 PM on 04/10/2012

Remember this is only 1 side of the story and not the whole story. People would see it different if they knew the Whole story!!!

[blindjester]

09:56 AM on 04/08/2012

When my mother dated my father, should could have been fired for it.

She taught in a one-room school house in rural Michigan, and was not permitted to date. This was 1940.

Sounds like it could be 2015, too.

There should be no way an employer can demand private information, or control your life outside work. This needs to be settled in favor of personal freedom and rights, not in favor of big brother corporations or school districts.

[VirginiaDreaming]

09:00 PM on 04/06/2012

Here is what the parent should do, use print screen to get a copy of the picture and identifying information. Then ask yourself this question, is this post likely to hurt the students? If the answer is yes, then go talk with the teacher or in this case teacher's aide and explain to them why it is a bad idea. A good teacher will prefer to hear from you directly, and will listen, although they may not agree. If you are still really convinced this is harmful behavior then take the printed post to the administration and explain your concerns. I realize that some teachers (or teacher's aides) are combative and it might be too uncomfortable to speak with them directly, then go ahead and skip to the administration.
If you cannot state a reason to yourself how it hurts the students, then think carefully carefully about why it makes you uncomfortable. You may need to un-friend the teacher and chalk it up to different styles. As long as you are sure you are doing this to help the students it is the right thing to do. If not, then it is not the right thing to do.

[Icecream Cake]

08:08 AM on 04/06/2012

I'm surprised that so many people are in support of the TA. From my interpretation of the article, the superintendent asked to see her facebook account after a report from a concerned parent. It wasn't a job interview nor was she randomly selected, there was an actual cause for this request. The superintendent's actions seem equivalent to a policeman asking to search a person's vehicle because he noticed suspicious behavior.

Look at it from the school's point of view, if this TA had a parent as a friend, then it is not unreasonable to assume that this account may have other parents that are friended. It is also possible that this TA has students that are friended as well. If there was a questionable picture posted and the school decided to ignore it and later on the TA posted a much more raunchy picture, the school would be held responsible. I would say that that the superintendent was trying to be accountable and nip this in the bud but the TA refused to cooperate. Then it is not surprising that the superintendent had to assume the worst and take appropriate actions.

And yes, I do believe that educators should be more responsible about what they wear, what they say, and what they do in their work environment and social media. They work with children and as such, should realize that they do have an impact on their students in or outside of their classrooms.

[ZeraLee]

06:33 PM on 04/07/2012

That's a lot of pure speculation to justify allowing the superintendent to force his way into a private environment. This was not a public forum, but it is a matter of:
Free speech
Due process
Presumption of innocence
Warrantless search

Maybe the focus should be more on the fact that the picture was posted in an access-restricted forum and the chilling effect on free speech and due process this firing represents, and less on hypothetical offenses.

[Icecream Cake]

01:33 PM on 04/08/2012

It's not pure speculation. The superintendent was given reason to be suspicious of what might have been posted on this TA's facebook, by report of the parent. Also because the TA had at least one parent who was on her friend list, that it no longer is considered to be private from her workplace environment.

Free speech - we all know that free speech is limited based where you are. A work place environment is one of those areas where you would not have as much free speech as a public area. By having a parent be able to view the TA's post, the TA has extended her facebook, arguably, to her work environment.

Due process - this article and this discussion is about whether the school had acted appropriately or rashly. I see this more as a work situation and with that in mind, due process is not a factor. They didn't jail her, they suspended/fired her.

Presumption of innocence - zero tolerance policy is a perfect example where presumption of innocence is bypassed. Also, I don't think schools have the luxury of presuming a teacher or student is innocent and wait till the crime is committed. The fact that a report was made of this picture alone, would put the school at fault for NOT being proactive, when a warning was given.

Warrantless search - from what I've read, there was no search. They tried to search but the TA refused to give access and based on that

[whutch1]

05:04 AM on 04/04/2012

Turns out this woman is a union member, and repeatedly asked for union representation in her meeting with the school admin. These requests were denied, which is an unfair labor practice, and illegal.

This all seems quite germane to the story...why isn't it included?

[whutch1]

05:20 AM on 04/04/2012

http://abcnews.go.com/Business/michigan-teacher-disciplined-providing-access-facebook-page/story?id=16056231#.T3wMn47GyQp

[Razpooten]

05:42 PM on 04/04/2012

So the union threw her under the bus?

[whutch1]

05:51 PM on 04/04/2012

No. The school administration broke the law by not allowing her union representation.

[whowhatwhywherewhen]

01:33 PM on 04/03/2012

A) That parent that ratted her out is NO friend of hers.

B) I hope she wins TONS of money.

[Razpooten]

05:44 PM on 04/04/2012

The mug of he parent that ratted should be widely posted with a sign neading "rat" on it.

[petey64]

10:14 AM on 04/03/2012

How very Libertarian of her, No, stay out of my life and by reading the posts one would think that the school was run by Republicans just as all our school systems are........lol

[williams74ra]

08:32 AM on 04/03/2012

But in Washington last week, the House of Representatives struck down an amendment, titled "Mind Your Own Business On Paswords," that would prevent companies from requiring current or potential employees to surrender their passwords to social networking sites.

Republican agenda in a nutshell, no regulation on business and a policemen to follow and report on every middle class american.

[guymorrison]

02:05 AM on 04/03/2012

I'm not currently looking for work but all this makes me wonder what happens if you don't use facebook or social media? I've never felt comfortable with having so many personal details about my life right there for the world to see and this is a part of the reason I feel that way--it's ammo for someone to potentially use later.

Anyway, do you automatically not get the job if they ask for your Facebook and you don't have one? If so, that leaves me to ponder what if you don't have much of a page?

[mo524]

11:30 AM on 04/03/2012

You are not alone there I don't do any of that either and have wondered will I be in trouble for it. I am currently trying to find a new job and I know most my age do use those sites I just never saw the appeal all my freinds and family know how to get ahold of me I see no point in them. Just like you I do wonder if they will just rule me out becuase I don't use them or will the think im a liar I just don't know.

[guymorrison]

02:06 PM on 04/03/2012

The irony of it, at least for me, is it might make me a liar. I refuse to "bare my soul" to the world on FB...but I've often though of making a fake profile that puts me in a favorable light professionally...but not too obvious.

What really angers me more than forcing people to share passwords with employers is in someways it forces us to use services that we otherwise wouldn't use or be discriminated against...or of course you can make up a bs profile.

Furthermore, I don't like how more and more it seems employers are peeking through to our personal lives. At one time it was just calling references, then it was drug testing, then it was background checks, then credit reports, and now this. When does it end? And if I'm just getting paid for the time I spend working for them then why do they continue to get to peek their heads into my life away from work? And I know it's absurd, but you gotta ponder what's next...cameras in our homes?

[Razpooten]

05:45 PM on 04/04/2012

The fist mistake of FB users is to use their real name and personal information for the world to see.

[Ariel Bonzai]

01:45 AM on 04/03/2012

The TA has a right to her own life but as long as the contract exacts clauses about " moral turpitude" educators are vulnerable to "interpretation." In this case it says more about the eye of the beholder than the FB friend or she betrayed. I read the description of the offending photo and thought nothing of it. It is, at worse,scatological. I reminds me of an idiom...caught with your pants down. As in, going to the bathroom when your important visitor stops by.

[wildwildwest]

12:14 AM on 04/03/2012

Good for her. But she failed to learn the lesson.
#1: Never talk to the police.
#2: Never use your real name on Facebook.
#3: Never admit you "own" a Facebook page.

[Ariel Bonzai]

01:46 AM on 04/03/2012

Excuse me, I have to take care of some things.

[Razpooten]

05:46 PM on 04/04/2012

Bingo!

[kel2580]

11:17 PM on 04/02/2012

The attack against teachers is getting out of control. Because the public has turned its back on teachers, politicians feel that they can do what they want. If we allow this to continue, we all will be next. We need to stand with the teachers, forget personal problems some may have, and in the afford to protect teachers, we will protect ourselves. This is serious, and it is just a matter of time before they come after other workers. We are in real danger people, deny it if you want.

[Ariel Bonzai]

01:49 AM on 04/03/2012

That's the part they don't get. They don't realize that Teachers will be followed by doctors then lawyers, contractors, longshoremen and chefs.

[kel2580]

02:06 PM on 04/03/2012

Absolutely, teachers are professionals. They went to school, got into deep debt and gained an education so that they can be titled "teacher." Not the politicians want to make teaching seem like a non-profession. This is crap, and now to test the waters, they turn the public against teachers and it worked because the public is easily sold. But it will turn because we are not informed about the big picture. Fight back now and join teachers, or suffer your not being able to pay the rent.

[Taterhead McGobstopper]

09:09 PM on 04/02/2012

I think in this article the school asked to view her Facebook page, not have access to her account. Very different, but even so, they should not be allowed visual access to her FB page any more than they would have access to see what's in her purse, car, or home.

[Ariel Bonzai]

01:50 AM on 04/03/2012

You want your boss looking over your posts to determine if you're appropriate or not?

[Taterhead McGobstopper]

09:34 AM on 04/03/2012

"they should not be allowed visual access to her FB page any more than they would have access to see what's in her purse, car, or home. "

[DonVitoCorleone]

08:39 PM on 04/02/2012

Why do employers want to invade you facebook, twitter and email? Because they can. Only when we pass legislation to prevent this abuse will it stop.

[DonVitoCorleone]

08:36 PM on 04/02/2012

Why does it not surprise me that the republican house votes down another piece of legislation that helps consumers.

[Ariel Bonzai]

01:52 AM on 04/03/2012

No, they cant! If we the people say they can't, they can't.

[pbr56]

02:30 PM on 04/03/2012

they do it every day.