CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO
ACCEPTABLE USE POLICY
FOR
ELECTRONIC COMMUNICATIONS
RECOMMENDED BY ADMINISTRATIVE
COUNCIL: September 13, 1999
APPROVED BY PRESIDENT KARNIG:
October 18, 1999
RESPONSIBLE DEPARTMENT:
University Copyright/Fair Use Committee, 909/880-5839
CONTENTS
DEFINITIONS
Computing
and communications facilities
Electronic communications
POLICY
Purpose
Scope
Access
Legal Basis
Privacy and
Ownership (Disclaimer)
User
Responsibilities and Acceptable Use
Sanctions and
Disciplinary Actions
Reporting Policy
Violations
Procedures of Notification
BACKGROUND STATEMENT
At the present time there is no official
campus policy regarding the use of electronic communications for students, faculty and
staff.
In November of 1993 the Copyright Compliance
Committee was formed with division Vice Presidents and school Deans naming representatives
to the committee. This Committee was charged with creating campus policies on the
issues of copyright and intellectual property. This document is the first to be
produced by this committee. The enclosed policy is meant to serve as the Acceptable
Use Policy of the CSUSB campus community.
DEFINITIONS
Computing and communications facilities.
These terms include any and all forms of
computer-related equipment, tools and intellectual property, including but not limited to
voice, data and video networks, switches, routers and storage devices,
computer/communications systems, personal computers, and all forms of software
(middleware, firmware, operating software, and application software) that is owned by the
University or is in the University's possession, custody or control.
Electronic
communications.
The use of computing and communications
facilities in the communicating or posting of information or material.
POLICY
Purpose.
The purposes of the University computing and
communications resources are to provide a setting and opportunity for members of the
academic community to express and explore ideas openly and freely subject to conditions
and terms of this policy, to acquire and develop the skills of intellectual inquiry, and
to examine critically the values of culture and society. This policy assumes as a
condition of use the exercise of common sense, common courtesy, and a respect of the
rights and property of the University and others.
In keeping with its mission, the University
provides computing and communications resources to members of its community. The
computers, networks, and computing facilities made available by the University for
student, faculty, and staff use are the property of California State University, San
Bernardino, and are provided for the completion of academic requirements, scholarship, and
administration of the University.
This policy sets forth users' rights and
responsibilities and is designed to address related access, use, and privacy issues in a
way that meets intellectual and creative needs of campus users. The University's
legal responsibilities assures the maintenance of the campus network systems and treats
the campus community with respect.
Scope.
This policy includes the use of University
and University affiliated resources for electronic communications such as campus network,
email servers, and webservers. This policy does not apply to computing equipment
that is the property of faculty, staff, and students except that the use of personal
equipment, while linked to University computing and communications facilities, will be
subject to applicable provisions. In all cases, applicable statutes and regulations
will take precedence over this policy.
Access.
Access to the University's computing and
communications facilities and resources is provided for the purpose of educational use and
legitimate University-related business to authorized holders of the Coyote One Card as
well as authorized guests and/or agents. Access will be provided to the extent
allowed by available resources.
Legal Basis.
Use of the University's computing and
communications facilities and resources is governed by all applicable CSU System and
University policies and procedures, international, federal, state, and local law.
Privacy and Ownership
(Disclaimers).
While the University supports each
individual's right to personal communication, and will take reasonable steps to ensure the
security of the network, messages on University computing resources are potentially
accessible to others through normal system administration activities and to the public
through public records laws. Hence, the University cannot guarantee privacy of
electronic communication. Additionally, files may be examined by systems personnel
with appropriate administrative authority to determine if a user is acting in violation of
the policies set forth in this document, other University policies, and international,
state, or federal law. Requests for access to private messages/data for any other
purpose than technical problem resolution will be approved by the Provost or his/her
designee and/or will be responded to as required by local state, federal law, or
international, as applicable, except as necessary to protect the integrity, security and
effective operation of the University's computing and communications facilities or as
required by local, state, federal and/or international law.
The University cannot guarantee that, in all
instances, copies of critical data will be retained on University systems. It is
ultimately the responsibility of computer users to obtain secure, backup copies of files
for disaster recovery.
To protect the integrity, security and
effective operations of the University's computing and communications facilities, and the
users thereof against unauthorized or improper use of these facilities, the University
reserves the right, without notice, to limit or restrict any individual's use of any
computing and communications facility or resource, and to inspect, copy, remove or
otherwise alter any data, file, or system resource which may undermine security, integrity
or the effective operation of the University's computing and communications facilities
and/or which are in violation of this policy. The University disclaims
responsibility for loss of data or interference with files resulting from its efforts to
maintain the operation, privacy, and security of computing and communications facilities.
The University cannot protect individuals
against the existence or receipt of material that may be offensive to them.
Reasonable expectations of privacy are diminished once electronic communications are sent
to other users or posted on public systems. As in a written communication, an e-mail
message received by an individual will be considered the prerogative of the recipient to
dispose of (copy, delete, save, send to others, etc.) as he/she desires. An
electronic message should be accorded care and courtesy similar to that accorded a written
communication.
User Responsibilities and
Acceptable Use
Any individual using CSU, San Bernardino's
computer communications systems is responsible for the material s/he sends or display via
the campus computing/communications resources.
University-purchased, -owned, or -maintained
software, site licenses, databases, and custom applications programs are the exclusive
property of the University and shall be used by faculty, staff, registered students and
other authorized Coyote OneCard holders only to conduct University business.
Acceptable use of computing and
communications facilities and resources at CSU, San Bernardino requires:
Respect for the legal protections provided
by copyright and other laws, University contractual agreements, and licenses to programs
and data;
Respect for the rights of others by
complying with all University policies including those regarding intellectual property;
Using accurate identification in all
electronic communications to avoid deliberately misrepresenting any user's identity; and
"Respect for intellectual labor and
creativity [which] is vital to academic discourse and enterprise. This principle
applies to work of all authors and publishers in all media. It encompasses respect
for the right to acknowledgment, right to privacy, and right to determine the form,
manner, and terms of publication and distribution." ("Using Software: A
Guide to the Legal and Ethical Use of Software for Members of the Academic
Community." Washington, DC: Educom/ITAA, 1992.)
The following rules further pertain to the
appropriate use of campus computing and network services.
Illegal/Incompatible Uses:
Users may not use computing and network services for uses that are inconsistent,
incompatible, violate or are in conflict with state, federal, or international law, CSU
policy, or University policy. These incompatible uses include but are not limited to
operating a personal business.
Threats, Harassment: Users
may not use campus computing or network services to threaten, harass, stalk, defame, or
otherwise interfere with the legal rights of others.
Respect for Privacy:
Users must respect the privacy of other users, but should be aware that no
electronic communication, once sent, can be guaranteed to be private. Examples of
lack of respect for the privacy of others include, but are not limited to, reading their
mail, accessing their files, attempting to "crack" their passwords, or using
their computer account or electronic mail address (except as may be required in the case
of University employees for the purpose of facilitating official University business).
Sharing of Account:
Users may not share their password with others or let others use their account (except as
may be required in the case of University employees for the purpose of facilitating
official University business).
Academic Honesty:
Users must respect the intellectual property of others and adhere to University standards
of academic honesty. Examples of academic dishonesty include, but are not limited
to, accessing or using the files of others without their permission, altering or
destroying their files or messages, plagiarizing information accessible electronically, or
using copyrighted software in violation of the copyright agreement.
System Disruption:
Users must not intentionally disrupt the campus electronic communication systems or
obstruct the work of other users by interfering with the accounts of others or knowingly
consuming inordinately large amounts of system resources or in any other way.
Operational Procedures:
Users must respect the University's operational procedures for computing and
network services. Users are responsible for knowing and abiding by computer lab and
network procedures, which are accessible on this website and at the campus library.
Sanctions and Disciplinary Actions.
University faculty, staff and students who
violate any of the above policy may be be subject to disciplinary action following
established University channels for disciplinary matters. Individuals who violate
the law, including U.S. copyright law and software licensing agreements also may be
subject to criminal or civil action by the copyright or license owners.
Violators are subject to any and /or all of
the following:
Loss of computing and networking access
University disciplinary actions
Civil proceedings
Criminal prosecution
Reporting Policy Violations
If a person believes that a violation of this
policy has occurred, he/she should contact the system or network administrator responsible
for the system or network involved, who will report the incident to the college/unit
policy officer in accordance with campus procedural guidelines.
There may be situations when the following
additional offices may be contacted.
The CSU, San Bernardino University Police,
if an individual's health or safety appears to be in jeopardy or if public safety is in
jeopardy;
Department of Human Resources for
violations by staff members or administrators; Office of Academic Personnel for violations
by faculty; and Judicial Affairs for violations by students; or
Information Resources and Technology,
serving campuswide resources, if an incident potentially bears external or legal
consequences for the institution.
Procedures of Notification
The University will disclose this policy to
new users at the time of their initial connection to the network by providing them with a
copy online. Current users of the network will be notified by the systems operator
through a broadcast message. A copy will be posted at the University Policies Web
page and paper copies will be distributed to the divisional Vice Presidents for further
dissemination to faculty, staff, students, and computer labs.
Acknowledgments
This document was adapted from versions of
similar documents at CSU, Chico, and CSU, Northridge.
Please send further suggestion for
revision to: Jeffrey R. Galin, Chair,
University Copyright/Fair Use Copyright Committee.
For a comprehensive website concerning Copyright, Fair Use, Intellectual Property,
Ethics Online, Acceptable Use Policies, and Examples of Copyright and Disclaimer
Statements, please visit Shifting
Boundaries of Intellectual Property: Copyright, Intellectual Property, and Publishing on
the WWW (http://139.182.93.107/hypertch/copyright.htm). We have annotated
links for specific needs.
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