VIRGINIA BEACH, Va. — Two school employees in our area are now under review after making social media posts following the death of Charlie Kirk last week.
Virginia Superintendent of Public Instruction Emily Anne Gullickson sent out a warning to school employees about the implications of online statements.
Over the weekend, Gullickson issued a statement addressing multiple reports of troubling publicly posted comments about Kirk's assassination.
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Social media policies for employees in Hampton Roads schools
The statement reads, “Anyone who would suggest the heinous murder of the father of two young children is acceptable should be disqualified from teaching or working with children again.”
The Virginia Department of Education has advised school divisions to report incidents involving teachers and administrators who have made inappropriate posts and refer them to the department for potential licensure revocation.
Brad Jacob, a law professor at Regent University, discussed the implications of such social media posts on employment.
He noted that while private employers can establish rules against employee conduct, the First Amendment primarily protects individuals from government interference in free speech.
“When it comes to a local government job like a school teacher, it can be tricky,” Jacob said. “The government employer can typically restrict speech that is job-centric. If it's separate from the job, say when the teacher is not in the classroom and not discussing their role, they may be entitled to First Amendment protection. However, the First Amendment is not absolute. There are extreme cases where the government can still prevail in a First Amendment challenge.”
Watch related: VDOE says teachers who condone Kirk murder should be disqualified
In Accomack County, the school division sent a letter to families and staff last week saying leaders are aware of a staff member’s personal social media post related to the violence in Utah. School district officials said the post, which has circulated online, has upset some in the community.
The division said the situation is being addressed with the staffer in accordance with policy.
In Newport News, school leaders confirmed one staff member is on administrative leave following a social media post about the Utah shooting. The Department of Human Resources is investigating and will recommend any potential disciplinary action.
Watch related: Violent videos spread online raise concerns about mental health
Carol Bauer, president of the Virginia Education Association, expressed concern regarding the potential revocation of licensure without a proper investigation.
“My thoughts are that we agree educators should model professionalism, but we cannot support a blanket condemnation that fails to distinguish between private personal expression and personal conduct,” Bauer said.
Bauer said that if any teacher is impacted, a thorough investigation of the social media post should be conducted.
“The superintendent's threat of immediate licensure revocation, without a thorough investigation or context for the comments, sets a dangerous precedent and does not allow for proper due process.”
News 3 has compiled social media policies for educators at all schools in Hampton Roads. That information is available on our website.
