Posted On: May 9, 2013 by Richard Oppenheim

High School Teacher Files an Appeal in Case of Social Media Related Resignation

A legal quagmire in Georgia over a teacher, her Facebook profile and student access to that profile is deepening. The tale starts at the beginning of the 2009 school year when Ashley Payne, a high school English teacher, befriended a student on Facebook. It’s unclear which party sent the friend request, but the resultant connection opened Payne’s profile to the student. In it, Payne made use of the term “bitch” in a playful manner and also posted a picture of herself with a glass of wine in one hand and a beer in the other.

Resignation%20Cloud%2048748828-001.jpgUpon discovering this content, the student’s parent anonymously forwarded an email to Superintendent Dr. Ron Saunders who forwarded the message to Apalachee High principal David McGee. McGee, along with the vice principal, held a meeting with Payne in which the teacher admitted her use of Facebook and the use of a photograph depicting alcohol usage. However, Payne alleged that she was unsure whether or not any of her students were among her Facebook friends. Principal McGee then showed Payne the email complaint and notified her that the concerns of the parent were being passed along to the school board. Allegedly, McGee expressed doubts about the board finding in Payne’s favor.

Payne says she felt that she was being given two options: resign or be suspended. She sent in a resignation letter, then reconsidered the decision. With the help of an attorney, Payne addressed a letter to the school board in which she advocated for getting her job back. When that failed to elicit a response, her attorney filed a writ of mandamus alleging that the Georgia Fair Dismissal Act entitled Payne to a hearing and appropriate compensation.

In response, the school district filed a motion for summary judgment. The court ruled in favor of the school district, stating that Payne’s resignation meant she was disqualified for protection under the act. Still, Payne isn’t ready to give up the fight. A recently filed appeal means that her case will get a second look under the jurisdiction of a higher court.

If you are a California school administrator with a question about school district related employment law, student/teacher safety, special education, accommodations, student rights, free speech or discipline, feel free to call attorney Richard Oppenheim at 818-461-8500. There is never a charge for an initial consultation and we can help you choose the best direction to resolve any school district employment law issue.