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Electronic Communications and Web Site Policy

UA Fort Smith's computer and electronic communications systems offer powerful tools for research and dialog among members of the University community and those outside the University community.

The University expects ethical and responsible behavior from individuals using these resources. The following policies apply to all UA Fort Smith students, faculty and staff, as well as members of the community who use or access University information technology resources.

Violation of Policy

Violation of these policies by any member of the UA Fort Smith University community (student, faculty, staff member, or guest) shall result in discipline up to and including immediate suspension or expulsion for students, termination for faculty and staff members, and loss of user privileges for guests. Violation of these policies may also create civil and criminal liability.

All disciplinary measures will be consistent with the official policy documents of the University. These include the student handbook, the University course catalog, the employee handbook, and the UA Fort Smith Policy Manual. Due process procedures for students are published in the UA Fort Smith Student Handbook. Grievance procedures for employees are published in the Employee Handbook. All violations of these policies should be reported immediately to the Associate Vice Chancellor for Management Information Systems. If the violator is a student, the Associate Vice Chancellor for Management Information Systems will report the incident to the Dean for Student and Academic Support Services. If the violator is an employee, the Associate Vice Chancellor for Management Information Systems will report the incident to the violator's senior management officer and to the Director of Human Resources.

Expectation of Privacy

UA Fort Smith is a public institution subject to the requirements of the Arkansas Freedom of Information Act (FOIA). The FOIA provides that all records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records which shall be open to inspection and copying by any citizen of the State of Arkansas. Therefore, UA Fort Smith employees should have no expectation of privacy in any of their written or electronic correspondence conducted within the scope of their employment with UA Fort Smith.

Web and Electronic Usage Policy Overview

Having access to UA Fort Smith computer systems and networks implies certain responsibilities. Appropriate use should always be legal, ethical, reflect academic honesty, reflect community standards, and show restraint in the consumption of shared resources. Users should demonstrate respect for intellectual property; ownership of data; system security mechanisms; and an individual's right to privacy and to freedom from intimidation, harassment, and unwarranted annoyance. Appropriate use of computing and network resources includes instruction; independent study; authorized research; independent research; communications; and official work of the offices, units, recognized student and campus organizations, and agencies of the University.

  1. The general guidelines for web and electronic usage policy apply University wide.
  2. It supplements—but does not replace—existing laws, regulations, etc.
  3. Computer and network usage is to be consistent with the UA Fort Smith mission.
  4. Privacy is to be preserved to the greatest extent possible, but use is at the user's risk.
  5. The constitutional right to freedom of speech applies no matter the medium used.

Individual User Guidelines

DO:

DO NOT:

Telephone, Fax, and Voice Mail Usage Policy

The campus telephone system and telephone-related services are a valuable asset for the University. UA Fort Smith purchases enough telephone capacity to provide for the business needs of the institution. Personal telephone calls using the campus telephone system must be limited to ensure adequate capacity for University business uses.

Individual User Guidelines

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DO NOT:

Electronic Usage Policy

This document constitutes a University-wide policy intended to allow for the proper use of all UA Fort Smith computing and network resources, effective protection of individual users, equitable access, and proper management of those resources. The policies presented are intended to supplement—not replace—all existing laws, regulations, agreements, and contracts which currently apply to these services.

Definitions

  1. Authorized Use — Authorized use of UA Fort Smith owned or operated computing and network resources is use consistent with the education, research, and service mission of the University and with these policies.
  2. Authorized Users — Authorized users are:
    1. current faculty, staff, and students of the University;
    2. anyone connecting to a public information service; and
    3. others whose access furthers the mission of the University and whose usage does not interfere with other users' access to resources. In addition, a user must be specifically authorized to use a particular computing or network resource by the campus unit responsible for operating the resource.

Individual Privileges

The following individual privileges empower employees to be productive members of the campus community. It must be understood that these privileges are conditioned upon acceptance of the accompanying responsibilities.

  1. Privacy — To the greatest extent possible in a public setting, an individual's privacy will be preserved. However, users must recognize that UA Fort Smith computer systems and networks are public and subject to the Freedom of Information Act. Users utilize such systems at their own risk.
  2. Freedom of Expression — The constitutional right to freedom of speech applies to all members of the campus no matter the medium used.
  3. Ownership of Intellectual Works — People creating intellectual works using UA Fort Smith computers or networks, including software, should consult the Intellectual Property Policy section of this document.
  4. Freedom From Harassment and Undesired Information — Persons using UA Fort Smith computers and/or networks shall not use these resources for the harassment of others.

Individual Responsibilities

The interplay of privileges and responsibilities within each individual situation and across campus engenders the trust and intellectual freedom that form the heart of our community. This trust and freedom are grounded on each person developing the skills necessary to be an active and contributing member of the community. These skills include an awareness and knowledge about information and the technology used to process, store, and transmit it.

  1. Common Courtesy and Respect for Rights of Others — Individuals are responsible to all other members of the campus community in many ways, including to respect and value the rights of privacy for all, to recognize and respect the diversity of the population and opinion in the community, to behave ethically and to comply with all legal restrictions regarding the use of information that is the property of others.
    1. Privacy of Information — Files of personal information, including programs, no matter on what medium they are stored or transmitted, may be subject to the Freedom of Information Act if stored on UA Fort Smith's computers. That fact notwithstanding, no individual should look at, copy, alter, or destroy anyone else's personal files without explicit permission from the owner of the files except as otherwise provided by this policy or as required by law.
    2. Intellectual Property — Computer users are responsible for attributing and honoring the intellectual property rights of others.
    3. Harassment — No member of the community may, under any circumstances, use UA Fort Smith's computers or networks to libel, slander, or harass any other person.
      The following shall constitute computer harassment:
      • Using the computer to annoy, harass, terrify, intimidate, threaten, offend, or bother another person;
      • Using the computer to contact another person with the intent to annoy, harass, or bother, whether or not any actual message is communicated, and/or where no purpose of legitimate communication exists and where the recipient has expressed a desire for the communication to cease;
      • Using the computer to contact other persons regarding a matter for which one does not have a legal right to communicate, once the recipients have provided reasonable notice that they desire such communication to cease (such as debt collection);
      • Using the computer to disrupt or damage the academic, research, administrative, or related pursuits of another;
      • Using the computer to invade the privacy, academic or otherwise, of another or threaten the invasion of the privacy of another;
  2. Responsible Use of Resources — Individuals must refrain from all acts that waste computer and networked resources or prevent others from using these resources or from using them in whatever ways have been proscribed by the University and state and federal laws.
  3. Information Integrity — Individual users are responsible for being aware of the potential for manipulating information, especially in electronic form, to understand the changeable nature of electronically stored information and to verify the integrity and completeness of information that they compile or use.
  4. Use of Desktop Systems — Individual users are responsible for coordinating with their supervisors for the security and integrity of University information stored on their personal desktop systems. This responsibility includes arranging for the protection of all data important to the University that are in their care, controlling physical and network access to their computers, and reporting to Computing Services any evidence of computer viruses or attempted breaches of security.
  5. Access to Facilities and Information — Computer accounts, passwords, and other types of authorization are assigned to individual users and must not be shared with others. An individual may not run or otherwise configure software or hardware to intentionally allow access by unauthorized users. Special access to information or other special computing privileges are to be used in performance of official duties only.
    1. Termination of Access — When the users cease being members of the campus community (graduate, stop enrolling, terminate employment, etc.) or are assigned new positions and/or responsibilities within the University, their access authorizations must be reviewed. They must not use facilities, accounts, access codes, privileges, or information for which they are not authorized in their new circumstances.
    2. Attempts to Circumvent Security — Users are prohibited from attempting to circumvent or subvert any system's security measures.
      • Decoding Access Control Information — Users are prohibited from using any computer program or device to intercept or decode passwords or similar access control information except as otherwise provided by this policy or required by law.
      • Denial of Service — Deliberate attempts to degrade the performance of a computer system or network or to deprive authorized personnel of resources or access to any University computer system or network are prohibited.
      • Harmful Activities — The following harmful activities are prohibited - creating or propagating viruses; disrupting services; damaging files; and intentional destruction of/or damage to equipment, software, or data belonging to UA Fort Smith or other users.
      • Unauthorized Access — The user may not damage computer systems, obtain unauthorized extra resources, deprive another user of authorized resources, or gain unauthorized access to systems by using knowledge of a special password, loopholes in computer security systems, another user's password, or access abilities one used during a previous position at the University.
  6. Academic Dishonesty — Individual users should always use computing resources in accordance with the high ethical standards of the University community. Academic dishonesty (plagiarism, cheating) is a violation of those standards.
  7. Personal Business — Computing facilities, services, and networks may not be used in connection with compensated outside work nor for the benefit of organizations not related to UA Fort Smith except in connection with scholarly pursuits (such as faculty publishing activities). Computing facilities, services, and networks may not be used for personal use during the employee's work schedule.

UA Fort Smith Responsibilities

UA Fort Smith may allocate resources in ways it deems fit to achieve its overall mission. It may control access to its information and the devices on which it is stored, manipulated, and transmitted in accordance with the laws of Arkansas, the United States, and the policies of the University and the Board of Trustees. UA Fort Smith may impose sanctions and punishments on anyone who violates the policies of the University regarding computer and network usage. Students violating these policies can expect to be reprimanded, have restrictions imposed, or be denied the right to continue as a student. Employees violating these policies can expect to be reprimanded, have restrictions imposed, be required to compensate the University for monetary damages, or be subject to dismissal.

  1. System Administration Access — A system administrator may access other files for the maintenance of networks and computer systems. However, all individual privileges and rights of privacy are to be preserved to the greatest extent possible.
  2. Monitoring of Usage and Inspection of Files — The Associate Vice Chancellor for Management Information Systems or his designee may routinely monitor and log usage data such as session connection times and end-points, CPU and disk utilization for each user, security audit trails, network loading, etc., for each UA Fort Smith computer and network. The Associate Vice Chancellor for MIS or his designee may review these data for evidence of violation of law or policy. When necessary, the Associate Vice Chancellor for MIS or his designee may monitor all the activities of and inspect the files of specific users on their computers and networks. In all cases, all individual privileges and right of privacy are to be preserved to the greatest extent possible.
  3. Suspension of Individual Privileges — The Associate Vice Chancellor for Management Information Systems may suspend computer and network privileges of individuals for reasons relating to their physical or emotional safety and well-being or for reasons relating to the safety and well-being of other individuals or of property. Access may be promptly restored when safety and well-being can be reasonably assured, unless it is to remain suspended as a result of disciplinary action imposed by the Office of Student and Academic Support Services (for students) or the employee's supervisor in consultation with the Office of Human Resources (for employees).
  4. Security Procedures — UA Fort Smith has the responsibility to develop, implement, maintain, and enforce appropriate security procedures to ensure the integrity of individual and institutional information, however stored, and to impose appropriate penalties when security is purposefully abridged or attacked.
  5. Anti-Harassment Procedures — The University has the responsibility to develop, implement, maintain, and enforce appropriate procedures to discourage harassment by use of its computer networks and to impose appropriate penalties when such harassment takes place.
  6. Upholding Copyrights and License Provisions — The University has the responsibility to uphold all copyright laws governing access and use of information and rules of organizations supplying information resources to members of the community (e.g., Acceptable Use Policies for use of the Internet.)

Investigative Contact

If an individual is contacted by a representative from an external organization (Prosecuting Attorney's Office, FBI, etc.) which is conducting an investigation of an alleged violation involving UA Fort Smith computing and networking resources, the individual should inform the Associate Vice Chancellor for Management Information Systems and the Executive Vice Chancellor for Legal and Legislative Affairs immediately. The individual should refer the requesting agency to the Executive Vice Chancellor for Legal and Legislative Affair's office. That office will provide guidance regarding the appropriate actions to be taken.

Responding to Security and Abuse Incidents

All users have the responsibility to report any discovered unauthorized access attempts or other improper usage of UA Fort Smith's computers, networks, or other information processing equipment. If users (student, employee, or guest) observe or have reported to them a security or abuse problem with any University computer or network facilities, including violations of this policy, they should

  1. Act Immediately — Take immediate steps as necessary to ensure the safety and well-being of information resources (i.e., be alert and report any suspicious behavior).
  2. Notify Authorities — Ensure that the following people are notified:
    1. Your computing support representative
    2. Your unit head
    3. The Associate Vice Chancellor for Management Information Systems

The Associate Vice Chancellor for Management Information Systems will coordinate the technical and administrative response to such incidents. Reports of all incidents will be forwarded to the Dean for Student and Academic Support Services (for apparent policy violations by students) or the unit head (for employees) and to the Executive Vice Chancellor for Legal and Legislative Affairs.

Web Site Usage Policy

University Communications is responsible for all print and electronic communication directed to the University constituencies. This helps assure that UA Fort Smith presents accurate information and a consistent image. For this reason, University Communications also oversees electronic publications for the University's World Wide Web home page. UA Fort Smith's World Wide Web page is considered an official University publication as well as a campus-wide information source. As with printed publications, only approved University information will be communicated on UA Fort Smith's home page and all other official pages that are linked to it.

Administrative and academic units are encouraged to develop official pages for linkage to the UA Fort Smith home page so that a comprehensive view of the University is offered. Official pages will be linked to appropriate, previously-created categories on the UA Fort Smith home page after review and approval by University Communications. Copyright and trademark rules must be observed. Graphics, video, audio, or text created by another person may not be placed on a page without demonstrated permission of the artist or author. Photographs, video, audio, graphics, and text must be approved by University Communications before being placed on official pages.

Official Web Pages

Content for official Web pages are developed by the originating department or campus unit.

Official Web pages include, but are not limited to, the following:

Internet service providers must meet the terms set forth in the University policies governing both publications and computer use/electronic transmission.

Site Maintenance

Departments and offices with official pages are responsible for the timely updating of the text and images contained on those pages. A web manager within the department or unit should be appointed to make periodic reviews of the site content. Contact information including a telephone number and e-mail address must be placed on the official page of each department or unit. If University Communications becomes aware of a problem with content or design, it will contact the appropriate Web manager for a correction. Web pages may be removed from the site if they fail to meet content and design standards.

Non-Official Web Pages

Non-official web pages are pages which are linked to the official UA Fort Smith web site but are not maintained by the University itself. They are governed by the following guidelines:

Disclaimer Statement for Non-Official Pages

"The views and opinions expressed in the pages below are strictly those of the page authors, and comments on the contents of pages should be directed to the page authors. Any links beyond this domain are not the responsibility of UA Fort Smith or any related service provider."

Intellectual Property Policy

Definitions

  1. Copyrightable Work — An original work of authorship in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated such as books, journals, computer software, musical works, dramatic works, videos, sound recordings, graphic works, etc. A copyrightable work may be the product of a single author or a group of authors who have collaborated on a project.
  2. Tangible Research Property — Tangible items produced in the course of research including such items as biological materials, engineering drawings, computer databases, computer software, circuit diagrams, etc. Tangible research property may be associated with one or more intangible properties such as inventions, copyrightable works, and trademarks. Tangible research property may be the product of a single creator or a group of individuals who collaborated on a project.
  3. Intellectual Property — Intellectual property includes, but is not limited to, inventions, copyrightable works, trademarks, tangible research property, and web tools and course materials.
  4. Web Tools and Distance Education Course Materials — Multimedia educational content to be used for curriculum-based instructional activities provided over an educational institution's electronic network and accessible from sites on or off campus.

Purpose for Management of Intellectual Property

UA Fort Smith has a responsibility for and an interest in the advancement of creative work and scientific knowledge that will enhance its educational, research, and service missions and benefit the public it serves. The purpose of these policies is fourfold:

  1. To encourage the development of intellectual property for the best interest of the public, the creator of the property, and the University.
  2. To provide timely disclosure and protection of intellectual property whether by development, commercialization, or publication.
  3. To allow employees of the University maximum scientific and professional freedom with respect to the method of disclosure and publication of their findings.
  4. To provide guidelines for the protection of University intellectual property through patents, copyrights, and trademarks and for the licensing of University intellectual property for commercial application for the benefit of the public.

Applicability

These policies are applicable to all persons employed by UA Fort Smith and any persons using the University facilities under the supervision of University personnel such as visiting faculty and adjunct faculty.

Agreements between the creators of intellectual property and the University shall be negotiated at the beginning of the development process. These agreements must be reduced to writing with all rights detailed.

Management of Copyrightable Works

UA Fort Smith encourages the preparation and publication of copyrightable works that result from teaching, research, scholarly, and artistic endeavors by members of the faculty, staff, and student body of the University. Copyrightable works may be created under a variety of circumstances and conditions which impact their ownership and subsequent management.

  1. Books, Articles, and Similar Works — In keeping with academic tradition, UA Fort Smith does not claim ownership to pedagogical, scholarly, or artistic works, regardless of their form of expression. Such works include, but are not limited to, faculty-prepared works such as textbooks, course materials, and refereed literature. Such works also include those created by students in the course of their education.
  2. Institutional Works — UA Fort Smith shall retain ownership of copyrightable works created as institutional rather than personal efforts, that is, created for institutional purposes in the course of the creator's employment. For instance, work assigned to programmers is institutional work as defined by law, as is software developed for University purposes by staff. Brochures, videos, and manuals for which staff members are hired to develop are other examples of institutional works. The University owns all right, title, and interest in such works.
  3. Works Developed With Significant Use of Resources — Copyrightable works that are developed with integral and significant use of funds, space, hardware, or facilities administered by UA Fort Smith, where such use was essential and substantial rather than incidental, shall be owned by the University. The University recognizes and affirms the traditional academic freedom of its faculty and staff to publish pedagogical, scholarly, or artistic works without restriction. In keeping with this philosophy, UA Fort Smith will not construe the provision of offices, library, or audio visual facilities and services as constituting significant use of University resources.

Disclosure, Assignment, and Protection

Authors of copyrightable works that are not owned by the University own the copyrights of their works and are free to publish them and receive any revenues which may result.

Authors of copyrightable works which are owned by the University shall promptly disclose to their respective Deans any work of authorship covered by this policy. Such persons shall cooperate with the University to the best of their abilities in protecting intellectual property rights in the work.

Author's Warranty

Authors must warrant that they are the sole owners of the contributions to the copyrightable work and verify that the contributions do not infringe on any copyright; violate any property rights; or contain any scandalous, libelous, or unlawful matter. Authors will defend, indemnify, and hold harmless the University against all claims, suits, costs, damages, and expenses that the University may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the contribution of any copyright or property right until such claim or suit has been settled or withdrawn, the University may withhold any sums due the authors.

Distribution of Income from Works of Intellectual Property

All monetary proceeds from commercialization of University-owned intellectual property, including royalties, equity interests, and dividends, are the property of UA Fort Smith.

Tangible Research Property

The University owns all right, title, and interest in tangible research property related to an individual's employment responsibilities and/or developed with support from University-administered funds, facilities, equipment, or personnel.

Web Tools and Distance Education Course Materials

The University claims ownership of web tools and distance education course materials if created with grant support, commissioned in writing, created as a specific requirement of employment, or an assigned University duty. Otherwise, creators own traditional academic copyrightable works (web tools and distance education course materials including textbooks, tests, answer sheets, etc.) if these are created independently by creators at their own initiative using only University resources that are customarily provided. If resources above those customarily provided are needed, a contract with the University must be negotiated prior to the beginning of the work.

Offers of Intellectual Property

If an individual chooses to offer to the University certain intellectual property in which the University has no claim, the University may accept ownership of the property. Should the University agree to accept the offer of intellectual property, the individual will execute an assignment agreement transferring all right, title, and interest in the intellectual property to the University and acknowledging that the individual agrees to all provisions of the policies governing the management of intellectual property.

The Chancellor of UA Fort Smith will make all final decisions regarding acceptance or rejection of the offers and for patenting and commercialization by the University.

UA Fort Smith
Fort Smith, Arkansas
2002


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