System Procedures
for Chapter 5 - Administration
Procedure 5.22.1, Acceptable Use of Computers and Information Technology
Resources
for Board Policy 5.22
Part 1. Purpose
Subpart A. Acceptable use. This procedure establishes
responsibilities for acceptable use of Minnesota State Colleges and
Universities information technology resources. System information technology
resources are provided for use by currently enrolled System students,
administrators, faculty, other employees, and other authorized users.
System information technology resources are the property of Minnesota
State Colleges and Universities, and are provided for the direct and
indirect support of the System’s educational, research, service,
student and campus life activities, administrative and business purposes,
within the limitations of available System technology, financial and
human resources. The use of Minnesota State Colleges and Universities
information technology is a privilege conditioned on compliance with
Policy 5.22, this procedure and any procedures or guidelines adopted
pursuant to this procedure. The System encourages the use of information
technology as an effective and efficient tool within the framework of
applicable State and federal laws, policies and rules and other necessary
restrictions.
Subpart B. Academic freedom. Nothing in this procedure
shall be interpreted to expand, diminish or alter academic freedom,
articulated under Board policy and System collective bargaining agreements,
or the terms of any charter establishing a System library as a community
or public library.
Part 2. Applicability
This procedure applies to all users of System information technology,
whether or not the user is affiliated with Minnesota State Colleges
and Universities, and to all uses of those resources, wherever located.
This procedure establishes minimum requirements and Colleges and universities
may adopt additional conditions of use, consistent with this procedure
and Policy 5.22, for information technology resources under their control.
Minnesota State Colleges and Universities is not responsible for any
personal or unauthorized use of its resources, and security of data
transmitted on its information technology resources cannot be guaranteed.
Part 3. Definitions
Subpart A. College or university. College or university,
except where specified otherwise, means a System college or university,
the Office of the Chancellor, or the Minnesota State Colleges and Universities
System.
Subpart B. Security measures. Security measures means
processes, software, and hardware used by system and network administrators
to protect the confidentiality, integrity, and availability of the computer
resources and data owned by the System or its authorized users. Security
measures may include, but are not limited to, monitoring or reviewing
individual user accounts for suspected policy violations and investigating
security-related issues.
Subpart C. System. For purposes of this procedure,
System means the Board of Trustees, the Office of the Chancellor, each
colleges and university within the System, and any part or combination
thereof.
Subpart D. System information technology. System
information technology means all System facilities, technologies, and
information resources used for information processing, transfer, storage
and communications. This includes, but is not limited to, computer hardware
and software, computer labs, classroom technologies such as computer-based
instructional management systems, and computing and electronic communications
devices and services, such as modems, e-mail, networks, telephones (including
cellular), voicemail, facsimile transmissions, video, mobile devices,
and multimedia materials.
Subpart E. Transmit. Transmit means to send, store,
collect, transfer or otherwise alter or affect information technology
resources or data contained therein.
Subpart F. User. User means any individual, including,
but not limited to, students, administrators, faculty, other employees,
volunteers, and other authorized individuals using System information
technology in any manner, whether or not the user is affiliated with
Minnesota State Colleges and Universities.
Part 4. Responsibilities of All Users.
Subpart A. Compliance with applicable law and policy.
- Users must comply with laws and regulations, Board policies and
System procedures, contracts, and licenses applicable to their particular
uses. This includes, but is not limited to, the laws of libel, data
privacy, copyright, trademark, gambling, obscenity, and child pornography;
the federal Electronic Communications Privacy Act and the Computer
Fraud and Abuse Act, which prohibit “hacking” and similar
activities; state computer crime statutes; student conduct codes;
applicable software licenses; and Board policies 1.B.1, prohibiting
discrimination and harassment; 1.C.2, prohibiting fraudulent or other
dishonest acts; and 3.26, concerning intellectual property.
- Users are responsible for the content of their personal use of
System information technology, and may be subject to liability resulting
from that use.
- Users must use only system information technology they are authorized
to use and use them only in the manner and to the extent authorized.
Ability to access information technology resources does not, by itself,
imply authorization to do so.
- Users are responsible for use of System information technology
under their authorization.
Subpart B. Unauthorized use. Users must abide by
the security restrictions on all systems and information to which access
is authorized.
- Users must not:
a. use any account or password assigned by the college or
university to anyone else;
b. share any account or password, assigned to the user by the college
or university, with any other individual, including family members;
c. allow others to use System information technology under the user’s
control;
d. use System cellular telephones or computer dial-up services for
personal use unless specifically authorized by System or State policy
or procedure.
- Users must not circumvent, attempt to circumvent, or assist another
in circumventing security controls in place to protect the privacy
and integrity of data stored on System information technology.
- Users must not change, conceal, or forge the identification of the
person using System information technology, including, but not limited
to, use of e-mail.
- Users must not knowingly download or install software onto System
information technology unless it has been preapproved through established
campus or system office procedures, or by the designated officials,
or prior authorization is received from the designated officials.
Users who knowingly or negligently do not comply may be held responsible
for damages, cost of system debugging, and payment of software fees,
licenses and infringement penalties.
- Users must not engage in activities that interfere with or disrupt
network users, equipment or service; intentionally distribute viruses,
worms, trojans, or other malicious code; or install software or hardware
that permits unauthorized access to System information technology.
- Users must not engage in inappropriate uses, including:
a. activities that violate State or federal law or regulation;
b. wagering or betting;
c. harassment, threats to or defamation of others, stalking, and/or
illegal discrimination;
d. fund-raising, private business, or commercial activity, unless
it is related to the mission of the System or its colleges and universities.
Mission related activities are determined by the college, university,
or Office of the Chancellor, and include activities of authorized
campus or System-sponsored organizations;
e. storage, display, transmission, or intentional or solicited receipt
of material that is or may be reasonably regarded as obscene, sexually
explicit, or pornographic, including any depiction, photograph,
audio recording, or written word, except as such access relates
to the academic pursuits of a System student or professional activities
of a System employee; and
f. “spamming” through widespread dissemination of unsolicited
and unauthorized e-mail messages.
Subpart C. Protecting privacy. Users must not violate
the privacy of other users and their accounts, regardless of whether
those accounts are securely protected. Technical ability to access others’
accounts does not, by itself, imply authorization to do so.
Subpart D. Limitations on use. Users must avoid excessive
use of System information technology, including but not limited to network
capacity. Excessive use means use that is disproportionate to that of
other users, or is unrelated to academic or employment-related needs,
or that interfere with other authorized uses. Colleges and universities
may require users to limit or refrain from certain uses in accordance
with this provision. The reasonableness of any specific use shall be
determined by the college or university or Office of the Chancellor
in the context of relevant circumstances.
Subpart E. Unauthorized trademark use. Users must
not state or imply that they speak on behalf of the System or a college
or university, and must not use System, college or university trademarks
or logos without prior authorization. Affiliation with the System does
not, by itself, imply authorization to speak on behalf of the System.
Part 5. System Employee Users.
All employees of Minnesota State Colleges and Universities are subject
to Minnesota Statutes section 43A.38, the code of ethics for employees
in the executive branch. In addition to compliance with that statute
and this procedure, it is expected that employees will use the traditional
communication rules of reasonableness, respect, courtesy, and common
sense when using System information technology.
Subpart A. Personal use. In accordance with Minnesota
Statutes section 43A.38, subdivision 4, System employees may make reasonable
use of System information technology for personal communications as
long as the use is in accordance with state law, Board policy and System
procedure, and the use, including the value of employee time spent,
does not result in an incremental cost to the State, or results in an
incremental cost that is so small as to make accounting for it unreasonable
or administratively impracticable, as determined by the Office of the
Chancellor, college or university. Reasonable use means use consistent
with this procedure.
Subpart B. Union activities. In the interest of maintaining
effective labor-management relationships and efficient use of State
time and resources, System e-mail systems may be used by employee representatives
of the union for certain union activities, in accordance with State
policy and/or the provisions of applicable collective bargaining agreements.
System-owned property or service, including the e-mail system, may not
be used for political activities, fund-raising, campaigning for union
office, union organizing activities, or solicitation of employees for
union membership.
Union use of electronic communication technology is subject to the same
conditions as employee use of such technology, as set forth in Policy
5.22 and this procedure, including security and privacy provisions.
Subpart C. Political activities. System employees
shall not use System information technology for political activities
prohibited by Minnesota Statutes sections 43A.32 or 211B.09, or other
applicable State or federal law.
Subpart D. Religious activities. System employees
shall not use System information technology in a manner that creates
the impression that the System supports any religious group or religion
generally in violation of the Establishment Clause of the First Amendment
of the United States Constitution or Article 1, Section 16 of the Minnesota
State Constitution.
Part 6. Security and Privacy.
Subpart A. Security. Users shall employ appropriate
security practices, including the appropriate use of secure facsimiles
or encryption or encoding devices, when electronically transmitting
data that is not public.
Subpart B. Privacy. Data transmitted via System information
technology are not guaranteed to be private. Deletion of a message or
file may not fully eliminate the data from the system.
Subpart C. Right to employ security measures. The
System reserves the right to employ security measures, including but
not limited to the right to monitor any use of System information technology,
including those used for personal purposes. Users have no expectation
of privacy for any use of System technology resources, except as provided
under federal wire tap regulations (21 U.S.C. sections 2701-2711).
The System does not routinely monitor individual usage of its information
technology resources. Normal operation and maintenance of System information
technology require the backup and caching of data and communications,
the logging of activity, the monitoring of general usage patterns and
other activities that are necessary for such services. When violations
are suspected, appropriate steps shall be taken to investigate and take
corrective action or other actions as warranted. System officials may
access data on System information technology, without notice, for other
business purposes including, but not limited to, retrieving business-related
information, re-routing or disposing of undeliverable mail; or responding
to requests for information permitted by law.
Part 7. Application of Government Records Laws.
Subpart A. Data practices laws. Government data maintained
on System information technology is subject to data practices laws,
including the Minnesota Government Data Practices Act and the federal
Family Educational Rights and Privacy Act, to the same extent as they
would be if kept in any other medium. Users are responsible for handling
government data to which they have access or control in accordance with
applicable data practices laws.
Subpart B. Record retention schedules. Official college
or university records created or maintained electronically are subject
to the requirements of the Official Records Act, Minnesota Statutes
section 138.17 to the same extent as official records in any other media.
Official records must be retained in accordance with the applicable
approved records retention schedule appropriate for the type, nature,
and content of the record. Willful improper disposal of official records
may subject an employee to disciplinary action.
Part 8. College and University Policies and Procedures.
Colleges and universities and the Office of the Chancellor, must adopt
policies and procedures consistent with Policy 5.22 and this procedure:
a. for reporting possible illegal activities to appropriate authorities;
b. to implement state and System security policies, procedures, standards
and guidelines to protect the integrity of System information technology
and its users’ accounts;
c. to ensure that government data in electronic format is handled
in accordance with its classification under the Minnesota Government
Data Practices Act, Family Education Rights and Privacy Act, and other
applicable law or policies;
d. to specify the name and contact information of the official to
be contacted by users and others if they have questions, concerns
or problems regarding the use of System information technology or
concerning intended or unintended interruptions of service;
e. for reviewing requests to use the trademarks or logos of the college,
university or Minnesota State Colleges and Universities; and
f. to provide information and education to users concerning applicable
information technology policies and procedures;
g. for identifying the official(s) designated to make decisions regarding
approved hardware or software use.
Part 9. Enforcement.
Conduct which involves the use of information resources to violate a
System policy or procedure, or state or federal law, or to violate another’s
rights, is a serious abuse subject to limitation or termination of user
privileges and appropriate disciplinary action, legal action, or both.
Subpart A. Access Limitations. Minnesota State Colleges
and Universities reserves the right to temporarily restrict or prohibit
use of its System information technology by any user without notice,
if it is determined necessary for business purposes.
Subpart B. Repeat violations of copyright laws. Minnesota
State Colleges and Universities may permanently deny use of System information
technology by any individual determined to be a repeat violator of copyright
laws governing Internet use.
Subpart C. Disciplinary proceedings. Alleged violations
shall be addressed through applicable System procedures, including but
not limited to System Procedure 1.B.1.1 to address allegations of illegal
discrimination and harassment; student conduct code for other allegations
against students; or the applicable collective bargaining agreement
or personnel plan for other allegations involving employees. Continued
use of System information technology is a privilege subject to limitation,
modification, or termination.
Subpart D. Sanctions. Willful or intentional violations
of this policy are considered to be misconduct under applicable student
and employee conduct standards. Users who violate this policy may be
denied access to System information technology and may be subject to
other penalties and disciplinary action, both within and outside of
the System. Discipline for violations of this policy may include any
action up to and including termination or expulsion.
Subpart E. Referral to Law Enforcement. Under appropriate
circumstances, Minnesota State Colleges and Universities may refer suspected
violations of law to appropriate law enforcement authorities, and provide
access to investigative or other data as permitted by law.
Approved: January 23, 2004
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General Information