Computer and Network Use
Foothill-De Anza Community College District (“district”) owns and operates a variety of computer and communication systems, including voicemail, electronic mail (e-mail), telephone, and access to the Internet, which are provided for the use of district faculty, administrators, staff and students in support of the programs of the colleges and district. Hereinafter, this system and all of its component parts shall be referred to as the “district network.” This network establishes a communications platform that often substitutes for in-person meetings regarding district business. The Computer and Network Use: Rights and Responsibilities Policy (“the policy”) applies to all members of the district community using the district network including faculty, administrators, staff, students, independent contractors, and authorized guests. The policy covers use of computer equipment and communication systems at any district facility in computer labs, classrooms, offices, libraries and the use of the district servers and networks from any location.
The policy is based upon and shall be interpreted according to the following fundamental principle: the entire district network, and all hardware and software components within it, is the sole property of the district which for that reason has and retains complete and sole authority over the terms and conditions of its use. Except as provided in board policy or collective bargaining agreements pertaining to intellectual property rights, employees and students have no rights of ownership to these systems or to the information they contain by virtue of their use of all or any portion of the district network. For these reasons, the district network is not to be relied upon as confidential and all district employees, students, independent contractors, and authorized guests can have no expectation of privacy concerning their uses of the district network or concerning information created or stored in such media. Nevertheless, the district does not routinely inspect, monitor or disclose such information without the user’s consent.
The district recognizes the privacy interests of faculty and staff and their rights to freedom of speech, participatory governance and academic freedom as well as their rights to engage in protected union and concerted activity. However, both the nature of electronic communication and the public character of district business make electronic communication less private than many users anticipate. Moreover, because the district network is solely owned and controlled by the district, system administrators may access user files or suspend services they manage without notice as required: to protect the integrity of computer systems; when required by and consistent with the law; under time-dependent, critical operational circumstances; or when there is a reason to believe that violations of law or district policy or procedures have occurred. For example, system administrators, following organizational guidelines, may access or examine files or accounts that are suspected of unauthorized use or misuse or that have been corrupted or damaged. The district shall attempt to notify users before discontinuing service. Notwithstanding any other provisions herein, however, the district shall not be required to give notice or to show cause before accessing the district network or any parts thereof. For district employees, the intended uses of the district network are those which are reasonable and necessary for the pursuit of job duties; for students, the intended uses are those which are reasonable and necessary for the pursuit of instructional activities.
The board recognizes that computers and networks can provide access to resources on and off campus, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources and observe all relevant law, regulations and contractual obligations.
“Unauthorized uses” include prohibited uses and any other use for a prohibited purpose, including illegal activities, messages which may constitute discrimination or harassment under state or federal law, or anything that interferes with the intended use. These types of prohibited uses and purposes are further defined in Administrative Procedure 3250.
The board directs the chancellor or designee to enforce all existing federal and state laws and district and college policies, including not only those laws and regulations that are specific to computers and networks but also those that apply generally to personal conduct. Violations of this policy will be dealt with in the same manner as violations of other district policies or standards of behavior and may result in disciplinary action, subject to applicable due process requirements. Students who do not observe these requirements may be in violation of the Student Code of Conduct and subject to student discipline.
All users of the district network must read, understand, and comply with this policy as well as Administrative Procedures 3250, and any additional guidelines established by the district. Such guidelines will be reviewed by the district and may become subject to board approval as a district policy or procedure. By using any part of the district network, users agree that they will comply with this policy.
Copies of this policy can be found in the policies section of the College Catalogues, Schedule of Classes, Student Handbooks, Faculty Handbooks, New Classified Employee Handbook, and the Handbook for New Administrators. Copies of this policy are also available in the District Human Resources Office, the Office of the Dean of Student Development and EOPS (De Anza), the Office of the Dean of Student Affairs and Activities (Foothill), and on the district’s Web site at www.fhda.edu.
This Policy and Administrative Procedures 3250 shall be distributed to all new and existing employees. Nothing in this policy should be construed to interfere with First Amendment rights or with the academic freedom of faculty as outlined in Board Policy 4190.
Both the Board Policy Manual and Administrative Procedures Appendix may be found at www.fhda.edu/about_us/board/policy/.