1. RSC London 11 May 2011 e-Safety Your Legal Duties 1

2. Hello! Betty Willder JISC Legal Legal Information Specialist info@jisclegal.ac.uk 0141 548 4939 www.jisclegal.ac.uk http://twitter.com/JISCLegal 2

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4. How familiar are you with e- Safety? 4 1. Beginner 2. Know most of it 3. Have been directly involved in e-Safety in my institution at operational level 4. Have been directly involved in e-Safety in my institution at strategic level 5. Not really sure what e-Safety means

5. Why Does e-Safety Matter? 5 1. Legal Duty 2. Moral Duty 3. Funding 4. I was told to be here 5. All of Above 6.I’m Just Curious

6. Safeguarding and e-Safety Statutory duty on FE governing body Wider than child protection More than safe recruitment It means having a culture of vigilance where all staff know their responsibilities...and all learners are aware of what they can expect and what to do if they have concerns. ‘Safer Recruitment and Safeguarding Learners in the FE sector’ workshop handbook 2009 6

7. Meeting Your Duties What are the duties? What steps can we take to meet them? Issues 7

8. Statutory/Common Law Duties Safeguard-right to be, feel safe Eliminate discrimination, victimisation and harassment. Duty of care –take all reasonable steps to ensure ‘safety’ (behaviours and systems). 8

9. A college cannot be liable for learners’ postings? 1.True 2.False 9

10. Some Legal Issues Sexual Offences Obscene publications Cyberbullying (Houghton) Harassment Crime Defamation Data Protection & Privacy LEGAL LIABILITY 10

11. 1.Appoint someone responsible for e-safety. 2.Set up an ‘e-Safety Group’. 3.Audit current measures. 10 Top Tips

12. 4.Write your e-Safety policy. 10 Top Tips

13. Do you have a separate e-safety policy? 1.Yes 2.No 3.Don’t Know 13

14. What Should We Do About Risk? 1.Ignore it 2.Eliminate it 3.Think About it 4.Take Steps to Manage it Slide 17 of 28

15. 5. Have risk assessment procedures. 6. Produce flow chart of behaviours and sanctions. 10 Top Tips

16. Do Learners Know How to Report Concerns? 1.Yes 2.No 3.Unsure 16

17. 7. Have a clear, consistent incident response procedure. 8. Schedule training and an education programme. 9. Ask for feedback, provide support. 10 Top Tips

18. Are Learners involved with development, review and impact of policy? 1.Always 2.Sometimes 3.Seldom 4.Never 18

19. 10. Monitor impact and effectiveness. 10 Top Tips

20. Dealing with Incidents 20 Clear guidelines on how to report Accidental/deliberate Inappropriate or illegal ( internal/external involvement) Response appropriate to incident E-safety officer/police/Ceop /IWF Investigation (AUP) Sanctions (AUP, disciplinary procedure) All incidents recorded and monitored Joined up response and support

21. How do you rate your college’s e-safety measures? 1.Excellent 2.Good 3.Satisfactory 4.Unsatisfactory 5.A LOT to do! 21

22. Conclusions Think ahead! Audit practices and consult Manage your risk/limit exposure to risk Linked policies and Procedures Behaviours not just technologies Monitor, Review,Revise, Communicate 22

23. Next steps? 23 1.Go back and say well done! 2.Start a conversation with management 3.Re-write e-safety rules 4.Monitor what’s in place already 5.Get further support

24. Further Information JISC Legal is hosted by the University of Strathclyde, a charitable body, registered in Scotland, with registration number SC015263. JISC Legal e-Safety pages at http://www.jisclegal.ac.uk/Themes/eSafety.aspx 24

25. Example1 25 Your institution becomes aware that a Facebook group has been set up about a college lecturer and a number of nasty comments have been posted by students. What action should the college take?

26. What Do You Think? 26 1.Do nothing 2.Report the comments to Facebook requesting Facebook take down the comments 3.If students can be identified warn students that the comments are in breach of Acceptable Use Policy and may constitute defamation 4.Depending on seriousness of the comments take disciplinary action against the students involved 5.2,3,and 4

27. Example 2 27 Our students are studying a text and the library is lending the film (rated 18) to these students some of whom are underage. Is this legal?

28. What Do You Think? 28 1.This is illegal so would not lend the film to under 18’s 2. No issue -most 16 year olds regularly view over 18 material 3. This is not strictly illegal – only a recommended practice so not my responsibility

29. Example 3 29 We are a specialist college for physically disabled students and our social network policy is that we ban all access. The intention is to protect students from risk of bullying grooming etc. Parents say other colleges permit access. This is a purely policy decision as technical controls are in place. Is an outright ban legal?

30. What Do You Think? 30 1. Legal as we have duty of care and this is an appropriate policy in the circumstances 2. Could be allegation of discrimination under the Equality Act 2010