Social Media Policy

About This Policy

Rationale

Montclair State University recognizes and supports the First Amendment rights of employees to speak freely.

In addition, the University also recognizes its obligation under federal and state law to maintain a work environment that is free of discrimination, harassment, bullying, threats or intimidation,  as well as its duty  to prevent the use of the University’s resources to violate federal or state law or infringe upon the rights of others.

In support of these important principles and obligations, the University has established a set of rules for use of the University’s social media accounts and other online forums such as email listservs and discussion boards.

Policy Statement

It is the policy of the University to promote free expression and to impose only those restrictions on speech that are necessary to comply with federal and state laws, prevent crime, protect the rights of others and maintain its ability to deliver its mission in an orderly manner.

These restrictions apply to use all of the online platforms, channels, venues and media that the University uses to deliver its mission or authorizes its employees to use

These platforms include but are not limited to digital resources such as social media accounts, video and audio streaming platforms, websites, email lists and discussion boards.

Procedures

When using the communication platforms of the University to exercise their individual rights to free speech employees must comply with the rules listed below.

1. Expressions of speech that constitute libel are prohibited.  Libel means speech that intentionally or negligently makes false statements about an individual, group or entity that causes injury to his/her/their/its reputation; and speech that maliciously makes false statements about a public official causing injury to his/her/their reputation.
2. Expressions of speech that are obscene as defined under New Jersey law and federal law, and are not protected by the First Amendment are prohibited.
3. Expressions of speech that constitute harassment or discrimination under New Jersey or Federal law are prohibited.
4. Expressions of speech that are directed to inciting or producing imminent violence or other breach of the peace and are likely to incite or produce such action are prohibited.
5. Expressions of speech that reveal information protected from disclosure by New Jersey or Federal law, including confidential student information, protected health information, confidential personal information, personal financial information, confidential research data, or information that a reasonable person would deem confidential by its nature are prohibited.
6. Expressions of speech that violate the rules and procedures issued by the New Jersey Ethics Commission governing State employees are prohibited. For example, speech that would promote or endorse a product or event, vendor, political party, political candidate, or promote an employee’s personal business enterprise is prohibited.
7. The use of film, photographs, logos, text, artwork or other material that violates the copyright, trademark or intellectual property rights of the University or others is prohibited.
8. Digital and audio recordings of live or online classroom instruction may be published online by University employees in the course of their official duties, consistent with applicable University policies.  However, digital and audio recordings of live or on-line classroom instruction may not be published by University students online (including social media, websites and other digital media) without the prior written consent of the relevant faculty member(s) and the University.
9. Each employee using the University’s communications platforms to publish their individual views assumes responsibility for the accuracy of information they publish.
10. Employees must make it clear that they are speaking for themselves, not the University. Therefore, employees:
    1. Shall not display video, audio, photographs, written text or any other material created by or for the University unless authorized by the University in writing;
    2. Shall not directly or indirectly suggest that the communication is associated with the University or that the University endorses the views or opinions expressed ; and
    3. If using a digital platform owned or sponsored by the University, such as its website, social media accounts, email, discussion boards or other digital communications platforms, employees, must explicitly state that the material  provided is the individual’s own, is not associated with the University and does not express the views or opinions of the University.

These procedures may be updated from time to time to reflect changes to laws and regulations.

Applicability

All employees are required to comply with this Policy. Employees who violate this Policy may be subject to disciplinary measures, consistent with any applicable collective bargaining agreement, up to and including but not limited to suspension, dismissal, and termination.

Related University Policies

• Academic Freedom
• Data Classification and Handling (Safeguarding Sensitive and Confidential Information)
• Institutional Identity and Use of Name and Marks
• NJ Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace 
• Responsible Use of Computing
• Web Publishing

Resources

• United States Constitution and the Bill of Rights
• State of New Jersey Policy Prohibiting Discrimination in the Workplace
• State of New Jersey Uniform Ethics Code

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