Facebook case: Deposition reveals Barrow didn’t know e-mail source
Many of you have been asking me about the fate of Ashley Payne, the Barrow County high school teacher who lost her job over her Facebook page and whose experience sparked a national debate about Internet privacy, anonymous e-mails and teacher rights.
One of the Facebook photos that a "parent" complained about in an anonymous e-mail
The legal case is proceeding. Ashley Payne’s lawyer just deposed the principal and assistant principal. She is fighting to get her job back.
I asked attorney Richard Storrs if Barrow ever traced the source of the incriminating e-mail that led to Payne being called in by her principal in August and told to consider resigning rather than face losing her teaching license. Under that pressure, the 23-year-old UGA honors graduate says she felt she had no recourse but to resign – a mistake according to veteran teachers.
Here is what Storrs told me this week:
“We took depositions of the principal and assistant principal last week. The principal basically admitted to the thrust of our case–that he suggested resignation to Ashley, that he failed to advise her fully on what was happening, and that they had no idea where the email came from, or whether or not it was from an actual parent.”
This confirms my original conviction that the anonymous e-mailer who protested Payne’s Facebook photos of drinking wine and beer in Europe and her status update of playing “bitch bingo” was an adult friend or fellow teacher with a grudge against her rather than an outraged parent with a legitimate beef.
The system acted on the anonymous e-mail – and acted within two hours of reading it. The Facebook photos were standard tourist shots in European beer gardens and cafes and “bitch bingo” is a popular game played at an Atlanta bar/restaurant. There was nothing offensive about either, and there was no other evidence that Payne had permitted students to view her Facebook page.
To read background on this bizarre case, please see my earlier blogs by going to the Facebook listing in the categories index on right side of the page.
This entire episode hinges on the oddly written and unsigned e-mail, which charged that Payne was allowing students access to her Facebook page. Payne said that was impossible since she had tight privacy settings and had never “friended” a student.
When I obtained a copy of the outraged e-mail that purported to be from a parent, I immediately felt that it was a fraud and that another teacher had written it. (I explain why in earlier blogs, but it was partly the stilted language and weird references. The e-mail is in the blogs.)
In my interviews with Barrow, I was stunned to find out that the system never confirmed that the e-mail – which came from a dummy e-mail address – was really from a parent. Barrow had no idea who sent it when I interviewed the communications director, yet district officials were willing to accept its allegations as fact.
When I reported that information in the AJC, it set off a national firestorm of protest, as well it should. I think teachers are entitled to have Facebook pages, and I think school systems — or any employers — are on shaky grounds responding this quickly and aggressively to an anonymous e-mail without a shred of confirming evidence. I think Payne became a national story because so many people have Facebook pages, especially younger workers, and they saw great injustice in this case. (A small number of folks don’t agree, saying teachers should not post photos of themselves ever with alcohol and there is no real privacy on Facebook.)
The school district’s failure to document that the e-mail was authentic didn’t make any sense to me because Barrow initially told me that Payne’s main offense was sharing her Facebook page with a student. Yet, they never confirmed that a student ever saw the page, so why did they act so quickly on this matter?
I also talked to the head of the Professional Standards Commission, the state’s governing body over teacher conduct. He told me his office would not have responded to an anonymous e-mail, even though Payne’s boss told her that it was likely the PSC would strip her of her teaching license if the complaint came before it. The principal then suggested to Payne that resignation was a safer option for her, according to a statement provided to me by Barrow County schools.
I hope to see a copy of the recent depositions and will report back to you. I will also seek updated comment from Barrow County on this case and share that with you. I know the county is reeling from all the attention – which, unfortunately, included death threats to the principal. Police are investigating the threats, which cross a line and are insane.
But I think the county brought this unwanted and unsavory attention on itself by its actions in this case. I hope it is resolved soon for everyone’s sake, but particularly Payne who is without a job in a profession she loves and hopes to work in for many years to come.
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93 comments Add your comment
phoenix falcon
January 22nd, 2010
1:02 pm
@Balderdash
Ditto
uberVU - social comments
January 22nd, 2010
1:05 pm
Social comments and analytics for this post…
This post was mentioned on Twitter by AJCGetSchooled: Update on teacher Facebook case. Deposition shows Barrow did not know who sent e-mail that started the furor. http://bit.ly/7hgQ5B…
Pity
January 22nd, 2010
1:22 pm
@Dekalb Conservative, you misunderstood my reference to AA. I was not implying that Ms. Payne is an alcoholic. I was reminiscing about the stuff that teachers did during my days as a student–stuff that were far worse than what Ms. Payne did (well, to me, she didn’t do anything wrong), but they didn’t get punished for their deeds. Basically, what I was saying what that this poor woman has been punished for something so trivial while past teachers have gotten away with far worse.
teacher/parent
January 22nd, 2010
1:29 pm
@Bill-What was ‘incriminating’ about Ms. Payne’s photos?
@Kevin-I thought the money was supposed to come from Nigeria.
MS resident
January 22nd, 2010
1:30 pm
this is a bunch of bull crap,we all are human beings and what we do outside of our job is our business,there is no crime in going out and having a good time,MS.Payne keep your head up and sue the school board thats discrimination of character..
Chas
January 22nd, 2010
2:07 pm
I have to believe the school was trying to get rid of this teacher, did not have the case to do it, and so used this flimsy excuse to push her out. Surely, no competent administrator would think they should/ could fire someone over something so ridiculous – even in the bible belt. I say that as a retired administrator. We would not have even tried this 30 years ago…
Ray
January 22nd, 2010
2:18 pm
Cases like this are great for smearing education, thus allowing ourselves to feel better about not funding it properly. The year after next, when the fed stim money is gone, the bottom is going to fall out of public school in Georgia. It’s really kinda weird that a culture that beats it’s chest so hard about ‘heritage’ would be so proficient at neglecting it’s kids.
RJ, Montgomery, Alabama
January 22nd, 2010
3:17 pm
Having lost a position because my boss just didn’t like me, I pray that all and everything Ms. Payne lost is restored with interest and some. I just don’t believe the FBI can’t trace the origin of the e-mail, that I will never believe. As long as Ms. Payne moral turpitude is not in question what’s the big deal, she appears to be drinking responsibly, meaning she isn’t sprawled out on the floor with her goodies exposed. Call me when you find out who the back stabbing witch was who set up Ms. Payne, I want to see what that pig looks like, I bet she looks like a pig.
RJ, Montgomery, Alabama
January 22nd, 2010
3:36 pm
What is really irresponsible and that is why I want him fired is the principal not explaining to Ms. Payne her rights, due process or suggesting that she get a lawyer. There are so many problems with public education but Ms. Payne is not one of them. The reason the principal has to be fired because as an employee it is not his job to create a liability for his employer, they don’t pay you for that. Re: the principal, he may have a patronage job that he himself did not earn. Just because you have a college education doesn’t mean you know everything, look at my kids.
Widespread
January 22nd, 2010
4:35 pm
This is just the tip of the iceburg. Check the records for the number of teachers who have “resigned” from Cobb County School District and you will see that many teachers are bullied into resigning rather than risking being fired. Many administrators and individuals at the district office encourage teachers to resign who do not need to. Administrators craft lies to give teachers the impression that the state will frown upon various actions only for it to be lies.
Maureen, the open records act will allow the AJC to access information. That is your next story. Look into it.
To Mitzymy
January 22nd, 2010
4:46 pm
Unfortunately it takes time to retain an attorney. Also a retainer must be paid before many ( if any) services are rendered. What school districts do to “encourage” a teacher to resign is that the teacher is given a very short deadline. If the teacher does not issue a letter of resignation by the deadline date (by the end of the day) they will fire her. Also, she better cover her own A** by sending the letter certified with a return receipt. There have been cases when they “didn’t receive” the letter. Hmmmm!
Echo
January 22nd, 2010
5:37 pm
I would’ve let ‘em fire me. Then they have to pay unemployment and hope they don’t get sued for wrongful termination. This still looks like a pretty good case as there appears to be a significant lack of intelligence displayed by the administrator (what’s new?). Hopefully this situation works out ok.
PsychMom
January 22nd, 2010
5:47 pm
There are so many things wrong with this situation that I don’t even know how to comment.
Middle Aged Man
January 22nd, 2010
6:38 pm
As a school administrator, it really bothers me to my core that there are so many stories of principals behaving badly like this. I agree wholeheartedly that a proper investigation was not done, that the young teacher should have been supported by the principal until a thorough fact finding mission had been done, and that it is the responsibility of the principal to inform his teachers, especially new college graduates, of their rights in the work place. As an administrator, I go to bat for my teachers, try to protect them from as much superflous work/paperwork/etc. that comes from the county office down to them, and try to make sure they know all of their rights in all situations. I have had to non-renew and dismiss teachers for incompetence, poor teaching, and poor job performance and it is a the hardest thing to do, especially when you know a family or mortgage payment is at the other end of the dismissal. I post all of the GAE, PAGE, or NEA mailings and announcements that come in the common work room and encourage my teachers to be a part of these organizations to keep themselves informed. It is frustrating and disheartening that so many teachers on this blog have stories of abuse. It is frustrating that these experiences make it so that all adminstrators are thrust into the same pile. I hope that the principal in this case, if there are no other extenuating facts that are kept out of the public eye, is removed from the position.
Ernest
January 22nd, 2010
7:25 pm
Well said, Middle Aged Man! This is an unfortunate situation that some will use to paint a broad brush of all administrators.
majii
January 22nd, 2010
7:30 pm
I worked in Barrow County, and I believe the incident occurred exactly the way Ms. Payne described it. Barrow is a small town, and it only takes one prominent member in the community to remove a teacher from the classroom.
catlady
January 22nd, 2010
7:37 pm
Lee: many companies but not the Georgia school systems. If you make a complaint to the PSC about an administrator, for example, you will be drawn and quartered with no real protection. Or so says the attorney hired by my system to “educate” the teachers of what we could do to get in trouble.
Disgusted
January 22nd, 2010
7:43 pm
Widespread is so right! Around 140 teachers here in Hall County were told to resign or be nonrenewed here last year. They were told by the principals, on orders from central office, that if they resigned they would have the possibility of being hired back at some point but if they did not resign they would not be hired back. All these teachers were nontenured. The county has a reduction in force policy but chose not to follow it and make the cuts in this underhanded way. The school superintendent was quoted in the paper as saying all the cut teachers were ineffective and that is why they were chosen. He later tried to back up over that when he was called out on it, saying that some of them may have been good folks. Very few of these teachers had anything nut good evaluations. Their main problem was they were easy targets because they were not yet tenured in the system.
Is this the way to treat people?
Disgusted
January 22nd, 2010
7:49 pm
Filtered!
Disgusted
January 22nd, 2010
7:55 pm
PSC will not accept a complaint unless signed. Then they will normally send it back to the school system to look into. Even if your complaint is acted on you are most likely toast at some point down the road.
bp
January 22nd, 2010
8:08 pm
stay off facebook duh
Been There
January 22nd, 2010
9:00 pm
Typical, of chicken #### school administrators.
C'mon This is the 21st Century
January 23rd, 2010
12:28 am
Students see Viagra commercials and much worse than that photo on TV. We even had a liar and cheater more than once as our president. Yet the photo of the teacher holding a glass gets her fired/asked to resign?…it’s ridiculous. It’s not like she came into work drinking, hung-over, doing drugs, or brandishing a weapon or something worth losing her job over. Good Lord… Kids are now taught to except things like homosexuality as being OK while the 10 commandments and God…things this country was founded on aren’t allowed to be posted anymore because they might offend someone. It is all a bunch of BS. Americans are not even a distinguishable society anymore. This is the land of the free and the home of the brave? It is more like the land of rules, idiocy and excuses. It makes me want to become empowered just so I can defend the rights of the American people. But look at what has happened to the true American Heritage over the years. We let anyone and everyone come into our country and then fret over things that might offend these foreign people in our country while punishing our own people for offending them. It’s a shame. We get attacked on our own soil now thanks to the rights of foreigners in OUR country. I’m not saying all of these people are bad…I am saying this is OUR land, OUR country but we have given it away. What would our forefathers think of it now? This ludicrous stuff here is a result of zero tolerance? It is a terrible shame. Honestly it would be like an American moving to Russia and trying to change their language to English. I say if the teacher isn’t at work they have a right to dance naked in their yard and have shots drank of their body if they want to. Their Facebook page is their business. What she does away from her job isn’t her employer’s business as long as it is legal and doesn’t harm anyone. If I saw my teacher out having a drink so what? I’d think they were human. Does a teacher have the right to be homosexual? As long as they don’t impose it on anyone else and are doing their job…I could care less what they do outside of it even if I don’t agree with it.
double g
January 23rd, 2010
10:40 am
What about the thought that the teacher resigned in haste, rather than being coerced, regretted her decision, and now files suit to get her job back? All we’ve heard is the teacher’s side, right? Why haven’t we heard anything from the school’s side, since all this started? Seems to me the teacher’s lawyer is playing this out in public. We’ve heard one side, but not the other. I’ll let the court of public opinion not sway me, until the real court, with our without a jury, decide.
Maureen Downey
January 23rd, 2010
11:00 am
double g, We have heard from the school system. It was the school system that provided me with the written statements of the principal and assistant principal and gave me the copy of the e-mail. The system issued several other statements and I have spoken to the system spokeswoman several times and exchanged many e-mails. In those official statements from the school, the principal says that the teacher had satisfactory evaluations.
Not sure why you think they haven’t had a chance to speak. Maureen
Georgia is full of retards
January 23rd, 2010
11:01 am
Anyone with any sense at all can see the principal and the vindictive, petty haters in Barrow County have stepped in it.
This is a fine example of the lack of judgement and intelligence in rural Georgia.
I’m looking forward to the huge settlement coming to Ms. Payne. I hope she’ll use a few cents of it to buy some champagne and post the celebration pictures on her Facebook page along with a single-fingered salute to the principal and the haters.
to middle aged man
January 23rd, 2010
11:53 am
Middle aged man- If Georgia had more administrators like you, we wouldn’t be a bottom ranking state. Teaching conditions, whether people like to admit it or not, affect the delivery of instruction.
The best way to improve education is to improve teaching conditions. We also wouldn’t be reading stories how administrators intimidated someone to resign over something as ridiculous as this.
Look before I leap
January 23rd, 2010
1:04 pm
I think there is a larger issue that is not being discussed and that is the politicalization of the public school system. Can someone tell me WHY we elect the members to the county school boards? Why do we not hire educated, experienced and thoughful professionals to the boards? Why do we put some nincompoop into power whose only credentials are they managed to get some signatures and pony up a few bucks for yard signs? News stories thoughout the country are full of idiotic actions and policies being perpetrated by school board dolts that seem to be driven by 18th century thinking.
By way of personal anecdote, I can’t help but think that Barrow county would have burned my high school gymnastics teacher at the stake for bumming a smoke from me once and dropping the f-bomb during a round of golf.
j nes
January 23rd, 2010
1:15 pm
An interesting side note: Barrow county forces the resignation of a teacher for drinking legally, while at the same time celebrating the county’s “rich” history of the illegal production and consumption of moonshine. Please see the story below from wrdw news 12.
December 31, 2009
WINDER, Ga. (AP) — Officials in Winder say they expect hundreds of people to be crowded around the old Barrow County jail to celebrate the new year with the city’s inaugural Jug Drop.
Barrow County Historical Society members finished last-minute preparations Wednesday for the Jug Drop, which will conclude with the dropping of a clay jug from the hanging tower of the jail.
The Jug Drop is designed to draw attention to the more colorful parts of Winder’s history. Winder was founded as Jug Tavern in the early 1800s and developed a reputation over the years for its moonshine.
(Copyright 2009 by The Associated Press. All Rights Reserved.)
j nes
January 23rd, 2010
1:23 pm
These people in Barrow County are backwards, forcing the resignation of a teacher for legal alcohol consumption, while at the same time celebrating the county’s “rich” history of illegal alcohol production and consumption of moonshine. See the article below from wrdw news 12.
December 31, 2009
WINDER, Ga. (AP) — Officials in Winder say they expect hundreds of people to be crowded around the old Barrow County jail to celebrate the new year with the city’s inaugural Jug Drop.
Barrow County Historical Society members finished last-minute preparations Wednesday for the Jug Drop, which will conclude with the dropping of a clay jug from the hanging tower of the jail.
The Jug Drop is designed to draw attention to the more colorful parts of Winder’s history. Winder was founded as Jug Tavern in the early 1800s and developed a reputation over the years for its moonshine.
Picture me
January 23rd, 2010
2:28 pm
This has been said time after time. Be careful what you place on the internet. A picture can say a lot. Employers are going to these websites just to see potential employee’s facebook and my space page. It only takes one person allowed in as friend. Ashley is in a profession that we must always be the example to our children. The picture is what it is. That picture showed her holding a wine glass. What is displaying to our children. “It’s cool to drink wine” The schools teach children to “Say No to Drugs and Alcohol” Don’t you think that picture may go against the school’s policy? This was a learning experience for her. Ashley is only 23 years old. She will bounced back from this and be a great educator. She is destined for greatness.
Look before I leap
January 23rd, 2010
4:00 pm
@Picture me
So if I read your post correctly, it is ok that this young woman was fired from her job and branded a bad influence on children by some coward. If she is such a great educator as you state, then why would you think it is ok to have her dismissed from her job? Even assuming for the moment that as an example, she should not have that picture posted (and I don’t agree with that for one moment), why not simply ask her to remove the picture from her Facebook page? Why coerce her to leave her job?
So just for yucks would you feel the same if you were forced from your job by someone unknown to you for doing absolutely nothing wrong, immoral or illegal? I am sure it would be fine with you because you are “destined for greatness”. Sheesh, what an absolutely moronic, judgemental and cowardly post.
To Disgusted
January 23rd, 2010
4:19 pm
I, Widespread was one of the ones in Cobb given an option to resign. The State Department of Education should do an investigation. I guarantee that if they did I (and many others) would show up to sign a petition for an investigation to be opened. Furthermore, I would bring all of the documentation that I have that supports the fact that I was forced out. By the way, I was not tenured either. When you have information that came directly out of the horse’s mouth it cannot be disputed. Recordings and hand written notes are hard to deny in court.
j nes
January 23rd, 2010
5:59 pm
Barrow County is backwards. This same county that seems to have no tolerance for an adult legally consuming alcohol just rang in the new year with a “Jug Drop” celebrating the county’s rich history of illegal moonshine production. Classy.
http://www.wrdw.com/homeandfamily/headlines/80408302.html
Disgusted
January 23rd, 2010
6:04 pm
Widespread, the problem is no one will look in to it. There are hundreds of teachers this has happened to and no one cares enough to listen.
Widespread
January 23rd, 2010
7:58 pm
Disgusted, it is a shame that someones career can be derailed falsely and there is no recourse. Over time, teachers will leave the profession completely because the battle becomes too great. Mortgage companies and families do not want to hear how you have been framed, yet it seems to be happening at the hands of school districts too often. Evidently, we educators are not under the same Code of Ethics.
Even on the state level nothing is being done. Cathy Cox is aware because many have complained to her. It may be time to consider going federal. Someone somewhere, with enough clout, needs to get a backbone and do more than blow hot air. My Mama used to say that everyone cannot be telling the SAME lie. There is truth to widespread teacher abuse. It seems that this pattern of abuse is not partial to any one district either.
teach ss
January 23rd, 2010
9:31 pm
I found some of the gwinnett county board of education members on facebook last week when googling their names……even though they were private, it still shows that everyone is interested in facebook and even our higher ups have accounts…..
TheDuchess
January 23rd, 2010
10:18 pm
This story truly hurts my heart. She seems like a great teacher…what the SYSTEM needs!! Yet, they are willing to get rid of her over foolishness. This is truly sad.
Anonymous
January 25th, 2010
7:50 am
This all tells me one thing… don’t “friend” your co-workers on Facebook.
Picture Me
January 25th, 2010
9:29 am
Look before you Leap,
No, I never said that Ashley should been dismissed from her job. As much hell that I have gone through on my job, I would have never suggested that. I would have stay in the school until my contract was up and transfered to another school district. But I really and truly believed that an educator is the most well repsected careers that anyone could ever choose. Our children look up to educators. An educator must at all times display values that are positive to our children. This is why it pisses me off when an educator does something that is really stupid and it makes the headline news. With technology, students and others can easily access peoples personal life on Facebook and My Space Page. Anybody can access it. It doesn’t take but one person to see it. I can’t say it enough “Be Careful about what you display on the Internet.”
Picture Me
January 25th, 2010
9:43 am
Anonyoumus,
You are so right. Don’t be friend co-workers at all.
Just the Facts
February 3rd, 2010
6:14 am
Maureen, as a supporter of Miss Payne I just want to say thank you for the very professional fact finding work you have done here in both your clear cut, to the point research and reporting on this matter. Everything you have proven and shown is absolutely true, keep up the good work and thank you for supporting this talented, bright young woman.
tongue tied « Lisa Angelucci
February 9th, 2010
11:09 pm
[...] quick search led me to this article about a teacher in Georgia who lost her job over a picture posted on Facebook — a photo that [...]