University of North Carolina's Student-Athlete Social Media Policy May Be Unconstitutional

The University of North Carolina (UNC) recently updated its Department of Athletics Policy on Student-Athlete Social Networking and Media Use. UNC revised its student-athlete social media policy as part of its response to the NCAA Notice of Allegations that alleged that it failed to monitor the social media activity of its student-athletes. According to an NCAA spokesman, the NCAA does not require its members to monitor the social media activity of its members; it only encourages schools to do so. UNC's response to the NCAA allegations was extremely comprehensive and UNC appeared to agree with 8 of the 9 allegations. The only allegation that UNC appeared to dispute was the charge that UNC failed to monitor the social media activity of its student-athletes. UNC's new student-athlete social media policy has gone overboard in its effort to mitigate any possible NCAA sanctions arising from this matter. UNC is a public institution and therefore the 4th amendment of the U.S. Constitution applies and protects students from unreasonable searches and seizures by UNC. According to UNC's new social media policy, "Each team must identify at least one coach or administrator who is responsible for having access to and regularly monitoring the content of team members' social networking sites and postings ("Team Monitor"). The Department of Athletics also reserves the right to have other staff members review and/or monitor student-athletes' social networking sites and postings." Students who participate in extracurricular activities have a diminished expectation of privacy compared to other students; however, that diminished expectation of privacy does not enable the state to access and monitor the private electronic content of student-athletes to ensure that there are no possible violations of the law or NCAA violations. Students have a reasonable expectation of privacy for their non-public electronic communications. If UNC has a right to access the private social media posts of its student-athletes then what will stop UNC from claiming it has the right to access and monitor private email accounts, voice-mail messages, and installing eavesdropping equipment into off-campus apartments? Therefore, I believe that UNC's new social media policy violates the 4th Amendment of the U.S. Constitution. I urge UNC to revise its new student-athlete social media policy before UNC has to utilize resources defending an unconstitutional policy that may create mistrust between its student-athletes and the university. To learn how your institution may create a social media policy that properly balances student privacy and a university's need to protect itself against NCAA sanctions you may contact me at Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved. © 2009-2010 Law Office of Bradley S. Shear, LLC All Rights Reserved.

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1 Response to University of North Carolina's Student-Athlete Social Media Policy May Be Unconstitutional

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