Use and Misuse of Communications Tools

Access. Access to University communications tools is provided in conjunction with the University’s academics and the student’s responsibilities. Use of these tools is subject to this policy and to other University policies and procedures. University communication tools may be made available to individuals who are not University students (e.g., visitors). Use of these tools by such persons is subject to this policy and to applicable agreement(s). Communication tools and all messages produced, stored, or carried by such tools are University properties, and are subject to reasonable University inspection.

Acceptable Use. In the course of the student’s academic study, each student may use communications tools to communicate internally with University faculty, staff, or students or externally with students, employers, and other business acquaintances. The University provides these electronic communications tools to facilitate educational communications and to enhance the learning experience. While these resources are primarily used in academics, there may be occasion to use these facilities for personal purposes. Personal use is permitted so long as it does not interfere with the academic process, consume significant resources, interfere with the activities of other students or faculty, or violate these policies. Under no circumstances shall such facilities be used for personal financial gain, or to solicit others for activities unrelated to the University’s academics, or in connection with political campaigns or lobbying. The Campus President may make available or otherwise authorize special-purpose bulletin boards and web pages in connection with University-approved social events, sporting events, and other sanctioned activities. When making use of these University-provided facilities for personal use, always remember that there is a very limited expectation of privacy (see discussion in 3 below).

In addition to other restrictions and conditions discussed here, ECPI communications tools may not be used for any of the following:

• To carry any defamatory, discriminatory, or obscene material;
• In connection with any infringement of another person’s intellectual property rights (e.g., copyrights and trademarks);
• In a manner that violates the terms of any applicable telecommunications license or any laws governing trans-border data flow (e.g., laws dealing with data collection, protection, privacy, confidentiality, and security);
• In connection with any attempt to penetrate computer or network security of any University, company, or other system, or to gain unauthorized access (or attempted access) to any other person’s computer, email or voicemail accounts or equipment; or
• In connection with the violation or attempted violation of any other law.

The University understands that web “surfing” may be academic-related and serve a legitimate academic function, but the potential for abuse exists. The Internet provides access to a huge amount of information and resources that can greatly enhance our ability to deliver services efficiently to our students. Today there is no single, comprehensive directory of resources available for the Internet and users sometimes must “navigate” through much unneeded information to reach useful material.

The University encourages exploration of the Internet for legitimate academic-related or professional activities, but students may not “browse the web” during class (unless authorized), create personal “Home Pages,” or otherwise use University facilities to access Internet sites for reasons unrelated to the University’s academic requirements.

Representing the University in Personal Postings. The information you publish electronically (sometimes called a “Posting”) reflects on the University in general. Despite all disclaimers that a student may make (e.g., that the views are personal and do not reflect those of the University) readers elsewhere will make the association between these personal postings and the University. The student should know that true anonymity is very difficult to obtain when using these tools. While Internet relay chat (“IRC”), newsgroup visits, and net surfing sometimes appears to be done anonymously (e.g., by employing pseudonyms), accessing such services/servers through the University’s network facilities normally leaves an audit trail indicating at least the identity of the University proxy server (and may leave a trail pointing directly to the student). Inappropriate use of University facilities may damage the University’s reputation and could give rise to University and individual student liabilities. Accordingly, each student should make every effort to be professional in all usage of University communications tools.

Because readers may interpret personal postings to newsgroups as an official statement of the University, posting any article in a newsgroup related to the University’s academics is strictly prohibited unless approved in advance by the Campus President.

Unacceptable Content. Although the University does not regularly monitor email or electronic messages, please be aware that even personal email messages may be viewed publicly or by University administration without further notice. Under no circumstances may any posting, voice mail or email originating at the University be in violation of the letter or the spirit of the University’s Equal Employment Opportunity or Student Non-Harassment policies.

Examples of unacceptable content include:

• Sexually explicit messages, images, cartoons, or jokes;
• Propositions, requests for dates, or love letters;
• Profanity, obscenity, slander, or libel;
• Ethnic, religious, or racial slurs;
• Political beliefs or commentary; or
• Any other message that could be construed as harassment or disparagement of others based on their sex, race, sexual orientation, age, national origin, disability, or religious or political beliefs.

Everyone should be aware that sexual harassment includes unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome conduct (including comments) of a sexual nature. The standard for sexual harassment is whether the recipient could reasonably consider the message to be offensive—the sender’s intentions are irrelevant.

In addition to prohibitions on sending or uploading offensive materials, University communications tools (email, browsers, newsreaders, etc.) also shall not be used to access or download obscene materials or other content that may be illegal under local law.

Electronic Forgery. Electronic forgery is defined as misrepresenting the student’s identity in any way while using electronic communications systems (e.g., by using another’s email account without permission, by so-called IP spoofing, or by modifying another’s messages without permission). For example, messages written by others should be forwarded as-is and with no changes, except to the extent that the student clearly indicate where you have edited the original message (for example, by using brackets [ ] or by using other characters * * * to flag edited text).

Electronic forgery is not allowed for any purpose. For email messages, the student may not take any action to misrepresent the identity of the person responsible for the message. A student may send email messages using another person’s account, but only with prior express approval from the account owner, and only when the text of the message indicates that the author is different than the email account holder.

For newsgroup postings, you may not misrepresent the identity of the sender, but you may (as may sometimes be appropriate) make postings on an anonymous basis. Keep in mind that true anonymity may be quite hard to obtain, and that most such attempts at least leave an audit trail that identifies the University as the source of the posting.

Intellectual Property. The Internet offers a universe of information, useful in conducting and furthering business operations. The student must always respect copyrights and trademarks of third parties and their ownership claims in images, text, video, and audio material, software, information and inventions. Do not copy, use, or transfer others’ materials without appropriate authorization. Be aware that downloaded software and other copyrighted material may be subject to licensing obligations or restrictions. In cases where it is possible that the software might be used by University administration or faculty in curriculum or service development or might be incorporated into final curriculum or services, it is critical that these licensing obligations be understood and strictly observed. Even when software is labeled freeware or shareware, there may be licensing restrictions that prohibit or limit the usage or commercialization of such items. Any questions may be directed to the Campus President.

Transmitting Confidential Information. Confidential information (whether owned by the University, its students, its vendors, or other persons) is not to be disclosed to unauthorized persons without prior authorization. The question of authorization will be a function of the type and ownership of the confidential information (e.g., different authority may be required for disclosure of University-owned information than for student-owned information). Also, authorization for disclosure may be limited to certain specific individuals within the University (e.g., on a need-to-know basis).

In some cases, posting or emailing confidential information that relates to new curriculum, teaching methods, research, or University services can constitute a “publication” and prevent the University from applying for approvals or later treating the information as “proprietary.” These consequences can follow even from postings or distributions that are not to the general public.

Generally, absent encryption or other security measures, confidential information should not be contained in email sent to outsiders or posted to newsgroups, and should not be placed on University communications tools that are available to third-parties.

Encryption. Only authorized encryption tools (software and hardware) may be used in connection with any University communications tools. Except with the prior written consent of the appropriate IT manager, all such tools must implement key-recovery or key-escrow techniques to permit the University to access and recover all encrypted information.

Remember that possession and use of encryption tools may be subject to complex laws or outright prohibitions in certain localities. Also, the export and import of computers carrying such tools may be subject to local regulation.