TECHNOLOGY POLICY
The College's electronic communications and computing facilities and network systems exist to support the instruction, research, professional, and administrative activities of the College. In general, the same guidelines that apply to the use of all college facilities apply to the use of college computing and communications resources. Supporting the college's goals to promote creativity, collaboration, and the free exchange of ideas in an open, caring community of learners, the computing systems and communications channels offer powerful tools for open learning and exchange of ideas.
Fremont-Newark Community College District ("District") owns and operates a variety of communications and computing systems (hereinafter known as "District's Systems") which are provided for the use of District students, faculty, and staff. The computing systems are to be used for education, research, academic development, and other District business only. Commercial uses are specifically excluded. All students, faculty and staff are responsible for seeing that the District's systems and facilities are used in accordance with this Policy, and all applicable laws and regulations.
This Policy addresses issues relating to acceptable use of the District's systems and computing facilities. Unacceptable use is prohibited, and is grounds for immediate loss of computing privileges, as well as discipline (up to and including dismissal or expulsion) or legal sanctions under federal, state, and local law. This Policy shall at all times be interpreted in accordance with state and federal law.
This Policy puts users of the District's computing systems on notice that communications and electronic files on the District's computing systems should in no way be considered as a secure medium for the communication, or storage of electronic files that are sensitive, private, or confidential. Because of the nature and technology of electronic communications and electronic file storage, the District can assure neither the privacy of an individual user's use of the District's systems, nor the confidentiality of particular messages, or other information, that may be created, transmitted, received, or stored thereby. The District reserves the right to, and may, monitor and audit all internal and external e-mail, voicemail, other communications, and electronic files sent or stored by employees and students, and all use of District provided Internet use, where there is reasonable suspicion, or as allowed by law. The District shall take steps to limit the number of those involved in monitoring the system.
Moreover, situations exist where the District may be compelled to access and disclose e-mail, voicemail, other communications, and electronic files. For example, electronic files may be discoverable in litigation, unless protected by a recognized privilege. In addition, e-mail, voicemail, other communications, and electronic files sent or stored by District officers and employees may be discoverable as a public record subject to public inspection under California's Public Records Act ("Act"). Government Code sections 6250-68.
2. USE AGREEMENT
All users of District's systems (including but not limited to telephone, modem, fax, PC, internet, videoconferencing, etc.) must read and comply with these Policies, as well as any additional guidelines established by the administrators of each system. BY USING ANY OF THE DISTRICT'S COMMUNICATIONS AND COMPUTING SYSTEMS OR FACILITIES, USERS AGREE THAT THEY UNDERSTAND, ACCEPT AND WILL COMPLY WITH THESE POLICIES.
Official Use is a use that supports or is related to the conduct of College business. In addition to activities required for one's job (e.g., research, professional growth, office correspondence and administrative functions), official use includes activities such as professional development and educational activities related to the user's work assignment, incidental perusal of information for educational or professional development related to the user's work assignment, etc.
Incidental and occasional use is permissible provided it is agreeable with the employee's area manager, consistent with this policy, and all College policies and procedures and does not:
Directly or indirectly interfere with the College's operations of such resources;
Burden the College with noticeable incremental cost;
Interfere with the user's employment or other obligations to the College; or
Constitute an "unacceptable use," as defined in this and other policies.
Users who elect to engage in such incidental use should do so with no expectation of personal privacy concerning the messages they compose, transmit, or receive. Furthermore, the user assumes all responsibility for backing up or maintaining personal files.
3. DISTRICT RIGHTS
The District's systems, facilities, and accounts are owned and operated by the District. The District's ownership includes, but is not limited to, all computers, software and/or software licenses, on-line accounts, e-mail facilities, voicemail and telecommunications systems, all network activity, and all electronic data except that covered by the "Intellectual Property Policy." The District reserves all rights, including termination of services without notice, to the computing resources which it owns and operates. These Policies shall not be construed as a waiver of any rights of the District, nor shall they conflict with applicable acts of law.
The District reserves the right to, and may, monitor and audit all internal and external e-mail, voicemail, other communications, and electronic files sent or stored by employees and students, and all use of District provided Internet use without consent of the user, where there is reasonable suspicion, or as allowed by law.
Furthermore, the user assumes all responsibility for backing up or maintaining personal files.
4. PRIVILEGES
Access and privileges on District computing systems are assigned and managed by the administrators of specific individual systems. Eligible individuals may become authorized users of a system and be granted appropriate access and privileges by following the approval steps prescribed for that system.
All access to the District's computer and communications resources, including the issuing of passwords, must be approved by a designee of the District.
Users may not, under any circumstances, transfer or confer these passwords or privileges to other individuals. Any account assigned to an individual shall not be used by others without written permission from the system's administrator. The authorized user is responsible for the proper use of the system, including any password protection.
Union use of the District's computing systems and resources shall be in accordance with the appropriate collective bargaining agreement. Such use shall be in a manner that does not interfere with employee work performance.
A. System Environment
Users are responsible for maintaining an environment:
In which access to all District computing resources are shared equitably among users,
Which is conducive to learning,
Which is free of illegal or malicious acts, and
Which is secure.
B. System Administration
The Department Manager (system administrator) of each system component is responsible for setting minimum guidelines within which users must conduct their activities. This includes access and/or review capabilities. System administrators and individual departments may establish more detailed guidelines, as needed, for specific communications and computer systems and networks. These guidelines may include such issues as allowable connect time and disk space, handling of unretrievable mail, responsibility for account approval, and other items related to administering and maintenance of the District's systems.
C. User Agreements and Advisories
(a) A user who uses the District's systems to harass, or make defamatory remarks, shall bear full responsibility for his or her actions. Such uses are prohibited. Further, by using these systems, users agree that individuals who transmit such remarks shall bear sole responsibility for their actions. Users agree that the District's role in managing this system is only as an information carrier, and that they will never consider transmission through this system as an endorsement of said transmission by the District.
(b) Many of the District's systems provide access to outside networks, both public and private, which furnish electronic mail, information services, bulletin boards, conferences, etc. Users are advised that they may encounter material which may be considered offensive or objectionable in nature or content. Users are further advised that District does not assume responsibility for the contents of any of these outside networks.
(c) The user agrees to comply with the acceptable use guidelines for whichever outside networks or services they may access through District systems.
(d) Further, the user agrees to follow proper etiquette on outside networks.
(e) The user agrees to responsibly avoid system misuse, including the spread of computer viruses, downloading unauthorized software, inappropriate mass mailings, fax or voice (spamming or mail bombing), etc.
(f) The user agrees never to attempt to transmit, or cause to be transmitted, any message in which the origination is deliberately misleading.
(g) The user agrees that, in the unlikely event that someone does transmit, or cause to be transmitted, a message that is inconsistent with the business of the College or with a misleading origination, the person who performed the transmission will be solely accountable for the message, not the District, which is acting solely as the information carrier.
(h) The user agrees never to use a system to perform an illegal or malicious act. Any attempt to increase the level of access to which she or he is authorized, or any attempt to deprive other authorized users of resources or access to any District computer system shall be regarded as malicious act.
(i) Any user who finds a possible security lapse on any system is obligated to report it to the system administrators. The system must not be used until the system administrator has investigated the problem.
(j) Knowledge of passwords or of loopholes in computer security systems shall not be used to damage communications and computing resources, obtain extra resources, take resources from another user, gain unauthorized access to resources or otherwise make use of resources for which proper authorization has not been given.
Users are responsible for backup of their own data stored on their hard drives of their PCs (network servers and databases will be backed-up by the College).
Users must reimburse the District for costs incurred for personal use of equipment (such as long-distance phone and fax, toll charges, fee-based services, etc.)
6. ACCOUNTS
An account assigned to an individual must not be used by others without written permission from the system administrator. The individual is responsible for the proper use of the account, including proper password protection.
7. SYSTEM USAGE
The District's systems and facilities are for District business and related activities only. Employees are prohibited from using District equipment or facilities for personal use or monetary gain.
Fraudulent, defamatory, intentionally inaccurate, harassing, demeaning, disruptive, intimidating, abusive, gratuitously pornographic, or illegal messages and/or materials are not to be communicated, sent, or stored. This includes, but is not limited to, messages that are inconsistent with the District's policies concerning Equal Employment Opportunity, Anti-Discrimination, Sexual Harassment, or other unlawful harassment.
Confidential information and information of a private nature shall not be intentionally released to the public over the District's systems without proper approval. When the confidentiality of information remains unclear, it shall not be divulged.
Unauthorized use of the Internet is strictly prohibited. Unauthorized use includes, but is not limited to: connecting, posting or downloading pornographic material; engaging in computer "hacking" and other related activities; attempting to disable or compromise the security of information contained on the District's systems; violating any applicable law or regulation.
Personal use of the District's systems that creates a direct cost for the District is prohibited.
Other prohibited uses include: sending copies of documents in violation of copyright laws or inclusion of work of others or inclusion of other's work in violation of copyright laws; capturing and opening of electronic mail except by authorized district personnel; use for any purpose restricted or prohibited by any applicable law, regulation or contract; constructing an electronic communication so it appears to be from someone else; obtaining access to files or electronic voice or e-mail of others or other areas for the purpose of idle curiosity, with no substantial District purpose; attempting unauthorized access to electronic communications or files, or attempting to breach any security measures of the computing systems, or attempting to intercept e-mail, other communications or electronic files without proper authorization.
District financial transactions conducted over the Internet require appropriate approval, and shall be conducted in a manner so as to ensure that District resources remain secure.
Unauthorized use of encryption devices, which are not approved by the President/ Superintendent or his designee, is prohibited. Any user of the District's computing systems who makes use of an encryption device to restrict or inhibit access to his or her e-mail, other communications, or electronic files, must provide access to such encrypted communications or files when requested to do so by the District.
8. SYSTEM PERFORMANCE AND VIRUSES
No one should deliberately attempt to degrade the performance of a computer system or to deprive authorized personnel of resources or access to any District system. Downloading information from unknown sources on the Internet may expose the District's computing systems to a computer virus. The user is obliged to notify Department Management in the Information Services Department for inadvertent downloading of software which may cause computer viruses.
9. UNAUTHORIZED ACCESS
Loopholes in computer security systems or knowledge of a special password should not be used to damage the computer system, obtain extra resources, take resources form another user, gain access to systems or use systems for which proper authorization has not been given.
10. COPYRIGHT
Computer software protected by copyright is not to be copied from, into, or by using campus computing facilities, except as permitted by law or by the contract with the owner of the copyright. Computer software that is protected by copyright shall only be installed by the established administrators of each system, their designee, or other authorized District personnel. This means that such computer and microcomputer software may only be copied in order to make back-up copies, if permitted by the copyright owner. The number of copies and distribution of copies may not be done in such a way that the number of simultaneous users in a department exceeds the number of original copies purchased by that department.
11. VIOLATIONS
If the Director of Human Resources or the President (or designee) deem it necessary, an individual's computer or communication equipment use privileges may be suspended immediately, for an indefinite period, or revoked upon the discovery of any possible violation of these or other policies.
Violations of these policies will be dealt with in the same manner as violations of other District Policies and may result in disciplinary review. In such a review, the full range of disciplinary sanctions is available, including dismissal or expulsion from the District, and legal action.
12. COMPUTER CRIME
There are at least two federal laws, the Computer Fraud and Abuse Act of 1986 and the Electronic Communications Privacy Act of 1986, which have been enacted to control abuses of computers and electronic communications/data transmissions. In California, Section 502 of the Penal Code prohibits tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. This law includes criminal penalties for introducing contaminants (viruses and worms) into computer systems and networks, allows the court to seize the hardware and software used in the commission of a computer crime, and allows the courts to consider prohibiting persons convicted of computer crimes from ever having access to computers in employment.
13. LIABILITY
This District makes no warranties of any kind, whether expressed or implied, for the service that is the subject of this Policy. In addition, the District will not be responsible for any damages whatsoever which employees, students or other users may suffer arising from or related to their use of any District computing systems, whether such damages be incidental, consequential or otherwise, or whether such damages include loss of data resulting from delays, non-deliveries, mistaken deliveries, or service interruptions whether caused by either the District's negligence, errors, or omissions.
Revised 5/4/00
Adopted 10/25/00