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ness recruiters had rejected a candidate based on social media continued from page 17 profiles. because the incidents are alleged He listed several concerns. to have happened so long ago, Employers, including schools, the teacher has never been might find information that arrested or charged or sued, Accountability they legally can’t consider when How thorough should a back- hiring, such as an applicant’s and he denied the allegations through his attorney. He has ground check be? State Senator religious affiliation. To saferetired from teaching now and Joe Simitian, D-Palo Alto, said guard against that, an employer left California, the attorney said. he’s surprised by how many may contract a third party to The Almanac is also not disclos- employers in any kind of busi- conduct the checks, but then ing such details as the names of ness, not just schools, don’t do a they also need to be sure the alleged victims or specific dates minimal check by picking up a check complies with the Fair that could unmask his identity. phone or querying Google. Credit Reporting Act. The law’s “Online is a pretty easy and provisions include getting the During the 1990s, police in another city ran into a dead end immediate, albeit imperfect, permission of the job applicant due to the statute of limitations screen,� he said. “The challenge and ensuring that the informa— several alleged victims were with the online world is that tion is accurate — a challenge adults before they came forward it’s unregulated and unreliable. in the “anything goes� online to report their encounters with Anyone can say anything and I environment. the teacher as teens — If the search turns up and because the foster information used to parents of one child did deny someone a job, With no charges and not want the boy to the applicant is legally testify. The investigaentitled to know what no arrests, the teacher’s tion stalled despite the the information is and man admitting to havwhere it came from background turns up only ing sexual contact with before that decision in newspaper articles two boys, according to a becomes final, accordpolice report obtained by ing to Mr. Gordon. archived by Google and the Almanac. He said that “This was stuff that employers running in online forums. was not some accidental searches on their own touching or rubbing of should make sure that body parts. This was all applicants are subpurposeful and intenject to the same searchtional and amounted to moles- think you have to be very mind- es, and decide how long to keep tation,� the deputy police chief, ful of that. the search results on file in “But why on earth wouldn’t case a hiring decision gets chalwho had participated in the investigation as an officer, told you take 60 seconds to Google a lenged. name and see what pops up? See the Almanac. Should schools be required to With no charges and no if it raises questions that should conduct Internet searches as part arrests, the teacher’s background be asked and answered.� of their background checks? It’s Drawing on his experience more of a policy decision for the turns up only in newspaper articles archived by Google and in as a school board member and state Legislature, Mr. Gordon online forums — not the state- practitioner of school law, Sen. said. “It’s worth exploring, for mandated Livescan and DMV Simitian said that too often, sure.� background checks that schools schools decide to get rid of an He described a sound policy employee quickly with a quiet as one that identifies who will use to screen job applicants. The Almanac interviewed 10 dismissal. “I would encourage do the search, which sites will former students and colleagues every school or school district be searched with what keywho knew the teacher decades to ask themselves, can we in words, who will review the ago. One alleged victim, now good conscience simply brush results, how discriminatory a grown man with children of this under the carpet? Or do we or unreliable information will his own, went to police in 1996 have an obligation to confront be filtered out, how results get upon learning that his former the problem in a way that helps communicated to the decisionteacher wanted to adopt a boy. ensure that this is not a problem maker, and how long results are He said he met the man as a simply passed along to the next kept. 12-year-old after transferring school?� The principal of the Menlo Those may be hard questions, Park school that hired the teachto a new school in another state. The two eventually became Sen. Simitian noted, but they er declined to discuss whether so close that they even lived must be asked “when talking its hiring procedures would together for several years in the about employees whose mis- change, saying only that “we wake of a rocky family relation- conduct is so egregious that they are addressing this internally.� can really do serious harm to the The school decided against ship. “I want other victims to know next student.� informing parents of the reason Internet searches create their for the teacher’s departure. The they’re not alone and to somehow stop (him),� he told the own set of legal issues, however. chairperson of the school board “It seems easy, like why don’t of trustees also refused to comAlmanac. When the teacher resigned we just Google everyone?� said ment. from a position in 2002 in the Philip Gordon, an attorney Through his attorney, the wake of allegations of inappro- with the San Francisco-based teacher denied any sexual mispriate conduct with a student at law firm Littler Mendelson who conduct, including the incidents a school in another state, hun- specializes in privacy protection he admitted years ago to the dreds of parents and students and gives nationwide presenta- police. “I have known (him) for tions on social media issues more than 50 years and can came to the teacher’s defense. One alleged victim said: for employers. He referred to a attest to his honesty, integrity “That’s something you’ve got survey by social media monitor- and excellence as an educator,� to get — he has done amazing ing service Reppler last year that his attorney commented in an things with kids that were life found 69 percent of 300 busi- email to the Almanac. BACKGROUND CHECKS
changing. For those people that he’s helped so much there’s no capacity or context for them to see him in that other life. And that’s OK.�
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April 11, 2012 N The Almanac N 19