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Computer Use Policy

 

AP 3720  Computer and Network Use

Reference:

 17 U.S.C. Section 101 et seq.; Penal Code Section 502, Cal. Const., Art. 1 Section 1; Government Code Section 3543.1(b)  ; Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45

 

Introduction

 

The District encourages the use of information technology resources to share information and knowledge in support of the District's mission of education and public service and to conduct the District's business. To this end, the District supports and provides interactive Information technology services for telecommunications, email, publishing, broadcasting, instructional computing, and administrative computing.

 

The District 's Information Technology resources are the sole property of the Butte College Community College District. They may not be used by any person without the proper authorization of the District. All District Information Technology resources are for District instructional and work related purposes only.

 

This procedure applies to all District students, faculty and staff and others granted use of District Information Technology resources. This procedure refers to all District information resources whether individually controlled or shared, stand-alone, or networked. This procedure identifies expected practices and clarifies the applicability of law and other District procedures regarding the use of these resources.

 

II. GENERAL PROVISIONS

PURPOSE

The purposes of this procedure are to:

  • Communicate and inform the campus community about:
  • o the vulnerabilities and limitations of information technology resources
  • o the appropriate use of information technology resources
  • o the risk of litigation against employees and the District through inappropriate use of information technology resources
  • o privacy rights with regard to data and information that is stored, transmitted, or received on District equipment
  • Provide a reasonable set of procedures which preserve academic freedom for faculty and promote a collegial and professional atmosphere

SCOPE

This procedure applies to:

  • All users and uses of District Information Technology resources
  • All Information Technology resources owned or managed by the District
  • All Information Technology resources provided to the District through contracts and other agreements with the District
  • All records and content residing on equipment or media located on District property, or on equipment owned or managed by the District
  • The following records and information, which are in the possession of District employees:
  • o District electronic records (whether printed or in electronic format)
  • o Contents of electronic records (including any electronic attachments and transactional information associated with such communications)

The content of electronic records in either printed or electronic form are subject to federal and state laws as well as local management policies, including their provisions regarding retention and disclosure (see Appendix B, References).

 

CONDITIONS OF USE:

Individual units within the District may define additional conditions of use for Information Technology resources under their control. These statements must be consistent with this overall procedure but may provide additional detail, guidelines and/or restrictions.

DEFINITIONS

The following terms used in this procedure are defined in Appendix A, Definitions. Knowledge of these definitions is important to an understanding of this policy.

  • Compelling Circumstances
  • District Electronic Record
    • Public Record
    • Electronic Record
    • District Record
    • Assumption of District Electronic Record Status
  • Emergency Circumstances
  • Information Technology Resources
    • District Information Technology Resources
    • User
    • Use of Information Technology Resources
  • Malicious Modification
  • Noticeable Incremental Costs
  • Personal Information
  • Possession of an Electronic Record
  • Substantiated Reason
  • Time-dependent, Critical Operational Circumstances
  • Transactional Information
  • User Electronic Resources

Dissemination and User Acknowledgment

A copy of this procedure shall be readily available in electronic and written formats for review by employees, students and other stakeholders of the District.

An information display, which provides a location of this procedure for user review as well as the user agreement to abide by this procedure, shall be installed on all user-operated systems to appear on the users' monitor prior to accessing the network. By logging into the network, users acknowledge that they have read and understand this procedure and agree to comply with it. This acknowledgment shall be in the form as follows:

I am aware that a copy of the Computer and Network Use Procedure can be found at <<Web site address>> and I have read and understand its requirements. I agree to abide by the requirements set forth in the Procedure for the duration of my employment and/or enrollment at the District. I am aware that violations of this Computer and Networks Procedure may subject me to disciplinary action, including but not limited to, revocation of my network account up to and including termination and prosecution for violation of State and/or Federal law.

VIOLATIONS OF LAW AND POLICY

Sanctions of Law.

Both federal and state laws prohibit the theft or abuse of computers and other electronic resources including those defined in this procedure as Information Technology resources. Abuses include (but are not limited to) unauthorized entry, use, transfer, tampering with the communications of others, and interference with the work of others and with the operation of Information Technology resources. The law classifies certain types of offenses as felonies (see Appendix B, References).

District Disciplinary Actions.

District procedure prohibits the use of District property for illegal purposes and for purposes not in support of the mission of the District. In addition to any possible legal sanctions, violators of this procedure may be subject to disciplinary action up to and including dismissal or expulsion, as relevant, pursuant to District policies and collective bargaining agreements. Further information on permitted and prohibited uses is given in Section III, Allowable Use.

 

III. ALLOWABLE USE

INTRODUCTION

The District encourages the use of Information Technology resources and makes them widely available to the District community. Nonetheless, the use of Information Technology resources is limited by restrictions that apply to all District property and by constraints necessary for the reliable operation of electronic systems and services. The District reserves the right to deny access to its Information Technology resources when necessary to satisfy these restrictions and constraints. Furthermore, the District cannot always protect users from receiving content from electronic records that they might find offensive.

OWNERSHIP

This procedure does not address the ownership of intellectual property that has been created by employees of the District for use in performing their job responsibilities or intellectual property that has been created by employees using District Information Technology resources. Ownership of intellectual property is governed by law and other District policies, procedures, and contracts (see Appendix B, References).

The content of electronic records pertaining to the administrative, instructional, and student service functions of the District are considered "District electronic records" (see Appendix A, Definitions) whether or not the District owns the Information Technology resources used to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, print, or otherwise record them. Other types of content and records may also be subject to disclosure as District electronic records under the California Public Records Act if they pertain to the business or functions of the District.

District Information Technology resources are the property of the District. These include all components of the information technology physical infrastructure, electronic media (such as tapes, disks, drives, etc.), documentation, and any electronic address, number, account, or other identifier associated with the District or any unit of the District or assigned by the District to individuals, units, or functions.

ALLOWABLE USERS

District Users.

District students, faculty, staff, and others affiliated with the District (including those in program, contract, or license relationships with the District) may, as authorized by the President, be eligible to use District Information Technology resources for purposes in accordance with Sections III.D, Allowable Uses.

Public Users.

Persons and organizations that are not District Users may only access District Information Technology resources under programs sponsored by the District or any of its units, as authorized by the President for purposes of such public access in accordance with Section III.D, Allowable Uses.

Transient Users.

Users whose electronic communications merely transit District facilities as a result of network routing protocols are not considered "Users" for the purposes of this procedure.

ALLOWABLE USES

Use of District Information Technology resources is allowable subject to the following conditions:

Purpose.

District departments may provide and use Information Technology resources to support the instructional and public service mission of the District or to support the administrative or student services functions that support this mission.

Non-district use.

District Information Technology resources shall not be provided to individual consumers or organizations outside the District except by approval of the President.

Restrictions.

District Information Technology resources may not be used for:

  • unlawful activities
  • personal use inconsistent with Section III.D, Allowable Uses
  • uses that violate other District or campus policies or guidelines. The latter include, but are not limited to, policies, procedures, and guidelines regarding intellectual property and all unlawful forms of harassment (see Appendix B, References).

Political and Commercial Use 

The District is a non-profit, tax-exempt organization and, as such, is subject to specific federal, state and local laws regarding sources of income, political activities, use of property and similar matters.

  • Political Use - District Information Technology resources shall not be used for partisan political activities where prohibited by federal, state or other applicable laws.
  • Commercial Use - District Information Technology resources shall not be used for commercial purposes or personal financial gain, unless the use is related to district programs and approved by the president.
  • The ".cc" and ".edu" Internet domains, which the District uses, have restrictions prohibiting commercial use of these domains. Additionally, Internet Service Providers (ISPs), which the campus employs, have Acceptable User Policies (AUP) that prohibit the commercial use of the Internet connection links provided to the District.

Nondiscrimination / Confidential Information.

No user shall use the District Information Technology resources to transmit any message, create any communication of any kind, or store information which violates any District procedure regarding discrimination or harassment, or which is defamatory or obscene, or which creates a hostile work environment, or which constitutes the unauthorized release of confidential information.

Representation.

The name "Butte Community College District" and "Butte College" is the property of the District.  No person shall, without the permission of the President, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:

  • To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.
  • To imply, indicate or otherwise suggest that any such organization, or any product or service of such organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by Butte-Glenn Community College District.
  • To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, of any political, religious, sociological, or economic movement, activity, or program.

Users of Information Technology resources shall abide by District policies and procedures regarding the use of the District's name, logos, and trademarks (see Appendix B, References). Users of Information Technology resources shall not give the impression that they are representing, giving opinions, or otherwise making statements on behalf of the District or any unit of the District unless explicitly authorized to do so.

Endorsements.

Users of Information Technology resources shall abide by District policies regarding endorsements. References or pointers to any non-District entity contained within electronic records, which are stored on District owned Information Technology resources shall not imply District endorsement of the products or services of that entity.

False Identity.

Users of District Information Technology resources shall not, either directly or by implication, employ a false identity (e.g. using the name or electronic identification of another). However, a supervisor may direct an employee to use the supervisor's identity to transact District business for which the supervisor is responsible. In such cases, an employee's use of the supervisor's electronic identity does not constitute a false identity.

Interference.

District Information Technology resources shall not be used for purposes that could reasonably be expected to directly or indirectly cause excessive strain on any information technology or electronic communications resource, or unwarranted or unsolicited interference with others' use of Information Technology resources.

Users of Information Technology resources shall not locally or off-campus:

  • send or forward electronic mail chain letters or their equivalents in other electronic services
  • "spam," that is, exploit Information Technology resources to amplify the widespread distribution of unsolicited electronic communications
  • "letter-bomb," that is, send an extremely large message or send multiple electronic communications to one or more recipients to interfere with the recipients' use of Information Technology resources
  • intentionally engage in other practices such as "denial of service attacks" that impede the availability of information technology and electronic communications services
  • conduct an unauthorized malicious modification of system facilities, operating systems, or disk partitions; attempting to crash or tie up a District computer or network; and damaging or vandalizing District computing facilities, equipment, software or computer files.
  • develop or use programs which disrupt other computer users or which access private or restricted portions of the system, or which damage the software or hardware components of the system

Modification or Removal of Equipment.

Computer users must not attempt to modify or remove computer equipment, software, or peripherals without proper authorization.

Personal Use.

District users of a District information technology or electronic communications facility / service may use that facility or service for incidental personal purposes provided that, in addition to the foregoing constraints and conditions, such use does not:

  • directly or indirectly interfere with the District's operation of Information Technology resources
  • interfere with the user's employment or other obligations to the District
  • burden the District with noticeable incremental costs. If noticeable incremental costs for personal use are inadvertently incurred, the user shall notify their supervisor or dean, as appropriate, who shall arrange a method for the individual to reimburse the District.

The California Public Records Act requires the District to disclose specified public records. In response to requests for such disclosure, it may be necessary to access the content of electronic records that users consider to be personal to determine whether or not they are public records that are subject to disclosure (see the presumption in Appendix A, Definitions, of a District electronic record). The District is not responsible for any loss or damage incurred by an individual as a result of personal use of District Information Technology resources.

Users shall not store information (other than which is required for the performance of official District responsibilities) on District Information Technology resources.

Accessibility.

All Information Technology resources and electronic records, which are intended to accomplish the academic and administrative tasks of the District, shall be accessible to allowable users with disabilities in compliance with law and District policies and procedures.

Intellectual Property, Copyrights,  and Licenses:

Computer users must respect copyrights and licenses to software and other on-line information.

 

  • Copyrights

The contents of all electronic records shall conform to laws and District policies regarding protection of intellectual property, including laws and policies regarding copyright, patents, and trademarks. When the content and distribution of an electronic record would exceed fair use as defined by the federal Copyright Act of 1976, the Digital Millennium Copyright Act 0f 1998, and the Technology Education and Copyright Harmonization Act of 2002, users of District information technology / electronic communications resources shall secure appropriate prior permission to distribute protected material in any form, including computer software, text, photographic images, graphic illustrations, video and audio including music. 

 

  • Unauthorized Peer-2-Peer file transfer is prohibited. Computer users must respect copyrights and licenses to software and other on-line information.

 

•Copying

Software protected by copyright may not be copied except as expressly permitted by the owner of the copyright or otherwise permitted by copyright law. Protected software may not be copied into, from, or by any District facility or system, except pursuant to a valid license or as otherwise permitted by copyright law. District licensed software may not be copied onto a user's personally owned equipment or any other equipment not owned by the District unless specifically authorized by the Chief Technology Officer for the District and the software license.

•Number of Simultaneous Users

The number and distribution of copies must be handled in such a way that the number of simultaneous users in a department does not exceed the number of original copies purchased by that department, unless otherwise stipulated in the purchase contract.

ACCESS RESTRICTION

Access to and use of District Information Technology resources is a privilege accorded at the discretion of the District. In addition, access to and use of District Information Technology resources may be wholly or partially restricted or rescinded by the District without prior notice and without the consent of the user when required by and consistent with law, when there is substantiated reason to believe that violations of law or District policies have taken place, when there are compelling circumstances, or when under time dependent, critical operational circumstances (see Appendix A, Definitions).

Restriction of access and use under such conditions is subject to the approval of the appropriate Vice President or the President. The District may, nonetheless, restrict access to District Information Technology resources on a temporary basis as needed in Emergency Circumstances and Compelling Circumstances (see Appendix A, Definitions) or to perform maintenance on equipment. In compliance with the Digital Millennium Copyright Act, the District reserves the right to suspend or terminate access to District Information Technology resources by any user who repeatedly violates copyright law.

In compliance with the Technology Education and Copyright Harmonization act of 2002, the college will: institute copyright policies; provide copyright information to faculty, students, and staff; provide notice to students when materials may be subject to copyright protection; limit the transmission of copyrighted materials to enrolled students; prevent storage of copyrighted materials where they are accessible to anyone other than students; prevent the retention of copyrighted class materials for longer than the "class session" and; prevent downstream dissemination of copyrighted materials.

IV. PRIVACY AND CONFIDENTIALITY

A.  INTRODUCTION

The District recognizes that principles of academic freedom and shared governance, freedom of speech, and privacy hold important implications for the use of Information Technology resources. This procedure reflects these principles within the context of the District's legal and other obligations. The District respects the privacy of electronic records in the same way that it respects the privacy of paper correspondence and telephone conversations, while seeking to ensure that District electronic records are accessible for the conduct of the District's business.

The District does not routinely inspect, monitor, or disclose content of electronic records in possession of a user (as defined in Appendix A, Definitions) without the user's consent. Nonetheless, subject to the requirements for authorization, notification, and other conditions specified in this procedure, the District may deny access to its Information Technology resources and may inspect, monitor, or disclose the content of electronic records under the limited circumstances described in Sections III.E, Access Restriction, and IV.B, Access Without Consent.

District employees and others are prohibited from "seeking out, using, or disclosing" personal information contained in electronic records without authorization, and all users are required to take necessary precautions to protect the confidentiality of personal information encountered in the performance of their duties or otherwise. If personal information is inadvertently encountered, the individual encountering the information shall not further disclose this information to another individual unless this information reveals a possible violation of laws or regulations, in which case that individual shall report the situation to his or her supervisor.

B.  ACCESS WITHOUT CONSENT

The District shall only permit the inspection, monitoring, or disclosure of the content of electronic records located on user electronic resources (as defined in Appendix A, Definitions) without the consent of the user:

  • when required by and consistent with law
  • when there is substantiated reason (as defined in Appendix A, Definitions) to believe that violations of law or of District policies and procedures, listed in Appendix C, have taken place;
  • when there are compelling circumstances as defined in Appendix A, Definitions
  • under time dependent, critical operational circumstances as defined in Appendix A, Definitions.

Violations of District policies can normally be detected and investigated without requiring non-consensual access to electronic communications. On occasion, the receipt by others of electronic communications or content (and subsequent disclosure) may identify possible policy violations. However, electronic communications can be forged, the true identity of the sender can be masked, or the apparent sender might deny authorship of the electronic communication. In such circumstances and provided there is a substantiated reason (as defined in Appendix A, Definitions) that points to the identity of the sender, non-consensual access to the purported sender's electronic communication may be authorized following the procedures defined in Section IV.B, Access Without Consent, but only to the least extent necessary for verifying unambiguously the identity of the sender.

Required actions.

When, under the circumstances described above, the contents of electronic records must be inspected, monitored, or disclosed without the holder's consent, the following shall apply:

Authorization.

Except in emergency circumstances as defined in Appendix A, Definitions, and pursuant to Section IV.B.2, Emergency Circumstances, such actions must be authorized in advance and in writing by the responsible Vice President or President. This authority may not be further delegated. Authorization shall be limited to the least perusal of contents and the least action necessary to resolve the situation.

2.  Emergency Circumstances.

In emergency circumstances as defined in Appendix A, Definitions, the least perusal of contents and the least action necessary to resolve the emergency may be taken immediately without authorization, but appropriate authorization must then be sought without delay following the procedures described in Section IV.B.1, Authorization, above.

3.  Notification.

In either case, the responsible authority or designee shall at the earliest possible opportunity that is prudent, lawful and consistent with other District policies notify the affected individual of the action(s) taken and the reasons for the action(s) taken.

4.  Compliance with Law.

Actions taken under Sections IV.B.1, Authorization, and IV.B.2, Emergency Circumstances, shall be in full compliance with the law and other applicable District policies, including laws and policies listed in Appendix B, References. Advice of Counsel must always be sought prior to any action involving information technology content or electronic communications (a) stored on equipment not owned or housed by the District, or (b) whose content is protected under the federal Family Educational Rights and Privacy Act of 1974.

PRIVACY PROTECTIONS AND LIMITS

Privacy Protections.

1.  Personal Information.

Both federal and California law provide privacy protections for some information that personally identifies an individual. These guidelines apply to information collected and disseminated by electronic means just as they do to records stored on paper and other media.

2.  Student Information.

Users of Information Technology resources shall not disclose information about students in violation of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), and the District policies and procedures that provide guidance in meeting FERPA requirements.

3.  Telephone Conversations.

In compliance with federal law, audio or video telephone conversations shall not be recorded or monitored without advising the participants unless a court has explicitly approved such monitoring or recording. Emergency services shall record 911-type emergency calls in accordance with federal and state laws and regulations. Participants shall be informed when a call is being monitored or recorded for the purpose of evaluating customer service, assessing workload, or other business purpose permitted by law. District units that monitor or record telephone calls shall provide an alternative method of doing business with clients who do not wish to be part of a monitored telephone call.

Privacy Limits.

1.  No right or expectation of privacy.

Users have no right of privacy regarding their use of the District's Information Technology resources. The District reserves the right to monitor all use of the District network and computers to assure compliance with these policies. The District will exercise this right for legitimate District purposes, including but not limited to ensuring compliance with this procedure and the integrity and security of the system. In addition, the District cannot provide any guarantees of privacy since the possibility of disclosure by actions of third parties is not preventable.

2.  Public Records.

District electronic records are subject to disclosure under the California Public Records Act, and other laws. The California Public Records Act (Government Code Sections 6250 et seq.) includes computer transmissions in the definition of "public record" and nonexempt communications made on the District network and computers must be disclosed if requested by a member of the public.

3.  Litigation and State / Federal Laws.

Computer transmissions may be discoverable in litigation. Other electronic records stored or transmitted on District information technology / communication services resources are also subject to disclosure under special circumstances by the authority of state and federal laws.

4.  Possession of District electronic records.

District employees are expected to comply with District requests to provide unencrypted copies of electronic records in their possession that pertain to the business or functions of the District, or whose disclosure is required to comply with applicable laws, regardless of whether or not such records reside on District Information Technology resources.

5.  Unintended disclosure.

  • Unavoidable Inspection. During the performance of their duties, personnel who operate and support Information Technology resources periodically need to monitor transmissions or observe certain transactional information to ensure the proper functioning and security of District Information Technology resources. On these and other occasions, systems personnel might observe the contents of electronic records. Except as provided elsewhere in this procedure or by law, they are not permitted to seek out the contents of electronic records including transactional information where not germane to the foregoing purposes, or disclose or otherwise use what they have observed. Such unavoidable inspection of electronic records is limited to the degree of inspection required to perform such duties. This exception does not exempt systems personnel from the prohibition (see Section IV.A, Introduction) against disclosure of personal and confidential information, except insofar as such disclosure equates with good faith attempts to route an otherwise undeliverable electronic record to its intended recipients. Except as provided above, systems personnel shall not intentionally search the content of electronic records. However, they shall report violations discovered inadvertently in the course of their duties.
  • Information Technology Security Limitations. Information, which is stored on or transmitted over District resources, is susceptible to unauthorized disclosure to individuals not connected with the District through the unauthorized use of surveillance methods (e.g. hacking).

6.  Retrieval.

It is possible for information entered on or transmitted via computer and communications systems to be retrieved, even if a user has deleted such information.

V. SECURITY

A.  INTRODUCTION

The District attempts to provide secure and reliable Information Technology resources. Users of District Information Technology resources are expected to follow sound professional practices in providing for the security of electronic records and systems under their jurisdiction.

B.  SECURITY MECHANISMS

Unless otherwise authorized by other provisions of this procedure, no person shall breach or attempt to breach any security mechanisms used by the District to protect Information Technology resources or electronic records.

C.  AUTHENTICATION

Information Technology service providers shall maintain currency with technologies supported by the District.

D.  AUTHORIZATION

Information Technology service providers shall implement and employ access security technologies commensurate with the security requirements of the resource (service, application, or system).

E.  ENCRYPTION

Transit.

Information technology content may be encrypted during transit across communications networks. Any individual or department wishing to use encryption (to establish secure communication / information transfer services or for other purposes) must first receive authorization from the Vice President of Information Services and Technology (or the individual performing in the role of chief technology officer if this position does not exist.)

Storage.

Records subject to disclosure under the California Public Records Act (see Government Code 6252-6254) shall be stored in an unencrypted format.

F.  RECOVERY

Information Technology service providers shall implement recovery practices (for systems and electronic records) adequate to ensure rapid recovery from security intrusions and service interruptions.

G.  AUDIT

Information Technology service providers shall implement and employ cost-effective audit technologies and practices to help identify security violators and speed up recovery from security violations. The use of such audit technologies and practices shall not conflict with other provisions of this procedure, in particular Section IV, Privacy and Confidentiality.

H.  PASSWORD PROTECTION

A computer user who has been authorized to use a password-protected account may be subject to both civil and criminal liability if the user discloses the password or otherwise makes the account available to others without permission of the system administrator.

 

APPENDIX A: DEFINITIONS

Compelling Circumstances:

Circumstances in which failure to act might result in bodily harm, property loss or damage, loss of evidence of one or more violations of law and / or District policies and procedures, or liability to the District and / or members of the District community.

District Electronic Record:

A public and District record in the form of an "Electronic Record", whether or not any of the District's Information Technology resources are utilized to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print the electronic record. This implies that the location of the electronic record, or the location of its creation or use, does not change its nature

  • as a District electronic record for purposes of this procedure
  • as having potential for disclosure under the California Public Records Act

1.  Public Record

Public records include writing or other forms of recording that contain information relating to the conduct of the public's business in materials prepared, owned, used, or retained by the District regardless of physical form or characteristics [California Government Code Section 6252(d)]. Except for certain defined situations, public records are subject to disclosure under the California Public Records Act.

2.  Electronic Record

All electronically created data and information fitting into the following categories of information technology content or electronic communications as follows:

  • Information technology content: Any data, information, software, or files that are stored, processed, or printed with information technology resources including all types of data formats (word documents, spreadsheets, graphics, software, compressed files, Web pages, etc.). Information technology content may be stored on all types of media (drives, tapes, integrated circuits, CD-ROMs, DVDs, etc.)
  • Electronic communications: Any communication that is broadcast, created, sent, forwarded, replied to, transmitted, stored, held, copied, downloaded, displayed, viewed, read, or printed by one or several electronic communications resources. For purposes of this procedure, an electronic file that has not been transmitted is not an electronic communication. This definition of electronic communications applies equally to the contents of such records, attachments to such records, and transactional information associated with such records.

3.  District Record

District records include, but are not limited to, all records (electronic or otherwise), which are prepared and stored that pertain to the administrative, instructional, and student service functions conducted at the district.

  • In general, records held by students, including electronic records, are not District records unless such records exist pursuant to an employment or agent relationship the student has or has had with the District. This exemption applies only to the California Public Records Act; student electronic records are subject to all other provisions of this procedure, whether or not the electronic record is a District record.

4.  Assumption of District Electronic Record status

Until determined otherwise or unless it is clear from the context, any electronic record residing on District-owned or controlled telecommunications, video, audio, and computing facilities will be deemed to be a District electronic record for purposes of this procedure, until proven otherwise. This would include personal electronic communications and information. Consistent with the principles of least perusal and least action necessary and of legal compliance, the District must make a good faith a priori effort to distinguish District electronic records from personal and other electronic communications in situations relevant to disclosures under the California Public Records Act and other laws, or for other applicable provisions of this procedure.

Emergency Circumstances:

Circumstances in which time is of the essence and there is a high probability that delaying action would almost certainly result in compelling circumstances.

Information Technology Resources:

  • Any combination of telecommunications equipment, transmission devices, electronic video and audio equipment, encoding or decoding equipment, computers and computer time, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, PDAs, and related computer records, programs, software, and documentation that supports Information Technology services.
  • Any messaging, collaboration, publishing, broadcast, or distribution system that depends on Information Technology resources to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print electronic records for purposes of supporting communication network systems between or among individuals or groups, that is either explicitly denoted as a system for electronic communications or is implicitly used for such purposes.

1.  District Information Technology Resources:

Information Technology resources that are owned or operated by the District or any of its sub-units or provided through contracts with the District.

2.  User

Any person who uses information technology resources

3.  Use of Information Technology Resources

To act on (create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, print, or run as an application) data, information, messages, or software with the aid of Information Technology resources.

Malicious Modification:

Any modification of Information Technology equipment or resources that is conducted with intent to cause damage or disruption to equipment, services, or functions of the District. Any act that knowingly violates District policies and procedures and causes damage or disruption to equipment, services, or functions of the District is considered malicious.

Noticeable Incremental Costs:

Any tangible cost that the district incurs as a result of the use of Information Technology resources or any intangible cost that can reasonably be expected to result in tangible costs to the district such as excessive "wear and tear" resulting in the early replacement of equipment or use resulting in the need for additional maintenance services to restore functionality.

 

Peer-to-Peer File Transfer:

A peer-to-peer, or "P2P," file transfer service allows the user to share computer files

through the Internet. Examples of P2P services include KaZaA, Grokster, Gnutella,

Morpheus, and BearShare. These services are set up to allow users to search for and download files to their computers, and to enable users to make files available for others to download from their computers.

Personal Information:

Personal information includes the following categories:

  • Identity information such as social security number, student ID, etc.
  • Pay records
  • Personal correspondence such as email and phone messages (not sent to the individual).
  • Medical records
  • Records contained in personnel files
  • Disciplinary actions
  • Counseling records

Possession of an Electronic Record:

An individual is in possession of an electronic record, whether the original record or a copy or modification of the original record, when that individual has effective control over the location of its storage or exclusive user access to modify its content. Thus, an electronic record that resides on an electronic communications server, awaiting download to an addressee, is deemed, for purposes of this procedure, to be in the possession of that addressee.

  • Systems administrators and other operators of District information technology resources are excluded from this definition of possession with regard to electronic communications not specifically created by or addressed to them.
  • Users are not responsible for electronic records in their possession when they have no knowledge of the existence or contents of such records.

Substantiated Reason:

Reliable evidence, as determined by the District, indicating that violation of law or of District policies has probably occurred, as distinguished from rumor, gossip, or other unreliable evidence.

Time-dependent, Critical Operational Circumstances:

Circumstances in which failure to act could seriously hamper the ability of the District to function administratively or to meet its teaching obligations, but excluding circumstances pertaining to personal or professional activities or matters of shared governance.

Transactional Information:

Information, including electronically gathered information, needed either to complete or to identify an electronic communication. Examples include but are not limited to: electronic mail headers, summaries, addresses, records of telephone calls, and IP address logs.

User Electronic Resources:

User Electronic Resources are information technology / communication services resources, which fit in any of the following categories:

  • User's assigned email account
  • User's assigned phone mail account
  • User's assigned workstation or laptop
  • Directory on a file server exclusively assigned to a specific user
  • Personally owned equipment furnished by user

Electronic records stored on user electronic resources may also be District Electronic Records and subject to all of the provisions delineated in this procedure for such.

 

APPENDIX B: REFERENCES

The following list identifies significant sources used as background in the preparation of this procedure, whether or not they are directly referenced by this procedure. It does not include all federal and state laws or District policies that may have application to information technology and electronic communications.

Related District Board Policies

 

Ref
Title

1.8

Legal Action

1.11

Lending College Owned Equipment

1.12

Distribution of Printed Materials

1.14

Copyrights

1.17

Public Records

2.13

Academic Freedom

3.12

Student Record Documentation

3.14

Withholding Student Records and Services

3.16

Student Catalog Rights

3.21

Student Rights and Conduct

3.23

Student Discrimination Complaints

4.45

Use of Campus Mail

4.50

Subpoena of Employees for Non-District Business

4.56

Care of District Records

4.57

Subpoena of Records

4.58

Unauthorized Use of Commercial and Copyrighted Software

5.7

Sexual Harassment

5.8

Discrimination

 

Related IT/EC Procedures

 

TBD

Wireless Communication Devices

TBD

Email

TBD

Laptop Computers

TBD

Web

TBD

Student Access & Assistive Technologies

 

State of California Statutes

Federal Statutes And Regulations

 

Note: the above WWW references may not remain current during the life of this procedure.

 

 

Butte College | 3536 Butte Campus Drive, Oroville CA 95965 | General Information 530.895.2511

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