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communication less private than many users anticipate. In addition the district network can be subject to authorized and unauthorized access by both internal and external users. For these reasons, there are virtually no online activities or services that guarantee an absolute right of privacy, and therefore the district network is not to be relied upon as confidential or private. Nonetheless, the district seeks to afford email communication privacy protections comparable to those it traditionally affords paper mail and telephone communications.
District Rights
System administrators may access user files or suspend services they manage without notice
■ To protect the integrity of computer systems
■ Under time-dependent, critical operational circumstances
■ As required by and consistent with the law
■ When it is reasonable to believe that violations of law or district policy or procedures have occurred
For example, system administrators, following organizational guidelines, may access or examine individual files or accounts based on suspicion that they have been corrupted or damaged or subject to unauthorized use or misuse. In such cases of access without notice, data or information acquired may be used to initiate or extend an investigation related to the initial cause or as required by law or board policy. Such data or information may also be used as grounds for appropriate personnel action.
User Rights
While the district monitors electronic usage as part of its normal network operating procedures, the district does not routinely inspect or monitor users’ computer hardware or files, email or telephone messages, nor disclose information created or stored in such media without the user’s consent. The district shall attempt to notify users before accessing computer hardware and files or prior to suspending service. In the event that the district acts without user consent, under its district rights specified above, the district shall do so with the least perusal of contents and the least action necessary to resolve the immediate situation. When the district accesses files without user consent, it shall notify the user as soon as possible of its access and provide the reason for its action.
User Responsibilities
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.
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. Although personal use is not an intended use, the district recognizes that the network will be used for incidental personal activities provided that such use is within reason and provided that such usage is ordinarily on an employee’s own time, is occasional, and does not interfere with or burden the district’s operation.
“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.
All users of the district network must read, understand and comply with this policy as well as Administrative Procedure 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 catalog, 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 website at fhda.edu.
Enforcement of the Policy
The board directs the chancellor or designee to enforce all existing federal and state law 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.
Users who believe this policy has been misinterpreted or misapplied may file a complaint in accordance with the complaint procedures found in Administrative Procedure 3250. Students who do not observe the requirements of this policy may be in violation of the Student Code of Conduct and subject to student discipline.
This policy and Administrative Procedure 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 go.boarddocs.com/ca/fhda/ Board.nsf/Public
MISUSE OF COMPUTER INFORMATION
(ADMINISTRATIVE PROCEDURE 3250) This administrative procedure implements Board Policy 3250.
Abuse of computing, networking or information resources contained in or part of the district network may result in the loss of computing privileges. Additionally, abuse can be prosecuted under applicable statutes. Users may be held accountable for their conduct under any applicable district or college policies, procedures or collective bargaining agreements. Complaints alleging abuse of the district network will be directed to those responsible for taking appropriate disciplinary action. Illegal reproduction of material protected by U.S. copyright law is subject to civil damages and criminal penalties including fines and imprisonment.
Examples of behaviors constituting abuse which violate district Board Policy 3250 include, but are not limited to, the following activities.
System Abuse
■ Using a computer account that one is not authorized to use
■ Obtaining a password for a computer account that one is not authorized to have
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2O21-2O22 DE ANZA COLLEGE CATALOG