Case Study #1 An intern applicant posted negative remarks on Facebook about an internship for which

she had applied. The negative comments were focused on the policy for professional dress as an intern.
After the director saw the comment, the student was not selected for the internship. Questions for
Discussion Is the situation described an ethical issue? Or, is it a business dispute? It appears to be both
an ethical and legal issue. However, there are two considerations that are paramount in this case and in
other cases like this: 1. Was the negative comment the reason why the individual was not selected to
that internship? 2. How did the director access the information? Was it in the public domain or was it
accessed through another venue? From a legal perspective, one would need to consider if the
information was legally obtained and was it a lawful use of the information and from an ethical
perspective, was there a failure to implement Fundamental Principle # 1 and/or # 19. Note: Student
members of the Academy must adhere to the Code of Ethics; however, students who are not members
are not subject to adherence to the Code. All students enrolled in an ACEND Accredited DPD Program
are educated about the Code and it application. What principle(s) of the Code of Ethics does it relate to
and how/why? Indicate the Category for the Code of Ethics Indicate the Principle(s) of the Code of Ethics
Fundamental Principles # 1 and #19. Principle #1: The dietetics practitioner conducts him/herself with
honesty, integrity, and fairness. Principle #1 relates to the Academys value of integrity and addresses
attributes and behaviors that should characterize all professionals, including students who are preparing
to become dietetics professionals. This speaks to the integrity of both the student with regard to
information posted and to the internship director with regard to how the information was accessed as
well as how the information was used. Principle #19: The dietetics practitioner demonstrates respect for
the values, rights, knowledge, and skills of colleagues and other professionals. Principle #19 relates to
the importance of adhering to the Code of Ethics including postings on social media. Considerations
related to this principle suggest an assessment of the location of the information: How was the
information used? Was information on a public site? Was the content of the information posted
respectful and applicable to the application process? Key Points to Consider Students or interns who
are members of the Academy are expected to adhere to the Code of Ethics and this includes postings on
social media. Internship directors must adhere to the Code of Ethics and serve as models for the
students/interns. Printed 11/5/2013 Page 3 of 20 Consider that information on Facebook is
considered to be public domain and available for viewing. Consideration of what is posted, where it is
posted along with how is the information accessed and how is that information utilized. Legal
Implications: If the information was publically available, the intern applicant would have very little
legal protection here. The rights to free speech are not as broad and generally would not apply in this
case. There are Two Exceptions: The National Labor Relations Act, which protects certain employee
comments about employers, even when made publically; and Whistle Blower laws, which protect
certain statements exposing unlawful acts. For more information about these exceptions, it would be
prudent to consult with legal counsel. Also note that federal and state laws prohibit unauthorized
access to certain information stored or transmitted electronically. Accordingly, employers should be
very careful to access online material only if they are authorized to do so. Ethical Implications: A lack
of respect for the value of integrity and professional behaviors seems evident in this situation.
Postings on Facebook may have long term negative implications since once the post is made, the
originator no longer has control over who views it or how it is used. The situation noted in this case
study may create an abundance of questions regarding the details of the post itself along with the
location of the posted information (public or private pages), and how the information was even found.
In particular, this case is a reminder to both the applicant and the internship director of the importance
of careful training and use of social media and the options available for posting and accessing posts or
tweets. It is important to remember that once information is electronically posted, it is available to
anyone to read. Resources: Fornari A. Ethics in Action: Promoting professionalism through ethical
behaviors in the academic setting. J Am Diet Assoc. 2004; 104:347-349. Baunstein N. Ethics in Action:
Ethical issues for students. J Acad Nutr Diet. 2012; 112:1253-1254. Helm J. Ethics in Action: Ethical and
legal issues related to blogging and social media. J Acad Nutr Diet. 2013; 113:688-690. Ayers E Ethics
Opinion: The impact of social media on business and ethical practices in dietetics. J Acad Nutr Diet. In
press.