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Fair Responsible and Acceptable Use of Electronic Resources

Fair Responsible and Acceptable Use of Electronic Resources

Purpose

The purpose of this document is to establish and promote the ethical, legal, and secure use of computing and electronic communications for all members of the University community.

Scope

This policy applies to all users of computer resources owned or managed by University of Dayton, including, but not limited to, UD faculty and visiting faculty, staff, students, and external organizations and individuals accessing external network services, such as the Internet and Intranet.

Policy History

Effective Date:  September 2003

Approval:  December 4, 2018

Policy History: 

  • Approved in original form: September 2003
  • Approved as amended: December 17, 2015
  • Approved as amended: December 4, 2018

Maintenance of Policy:  Office of Audit, Risk and Compliance and Chief Information Officer

Definitions

(a)  “Electronic Resources”: All computer-related equipment, computer systems, software/network applications, interconnecting networks, facsimile machines, text messages, chats, email, voicemail and other telecommunications facilities (including but not limited to University-owned smartphones), as well as all information contained therein (collectively, “electronic resources”) owned or managed by the University (where “managed” includes the business use of personally-owned devices).

Policy

1. Introduction

The University of Dayton (UD) values technology as a means of communicating information and ideas to the University community and the world. In keeping with the University’s commitment to utilizing technology in teaching and learning, this policy provides direction in the appropriate use of all forms of electronic resources on campus. This document articulates the University of Dayton Policy on Fair, Responsible and Acceptable Use of Electronic Resources, provides example violations and outlines procedures for reporting, addressing, sanctioning, and appealing policy violations.

2. General Restrictions and Disclaimers

While the use of University of Dayton electronic resources may be a requirement for coursework and work, access and use may be restricted or revoked in cases of misuse or repeated abuse. University of Dayton reserves the right to limit access to its electronic resources when applicable University policies, state and/or federal laws or contractual obligations are violated.

The University does not, generally, monitor the content of materials transported over the University’s network or information posted on University-owned computers and networks, but reserves the right to do so.  This means that the University can and will search a user’s use of the University’s electronic resources, including materials stored or transmitted on them, when operational needs or legal/compliance reasons solely within the University’s discretion warrant such access.

Although the University does not typically block access to online content, it reserves the right to do so in cases where online content or activity diminishes the capacity of our network, or where there is a threat to the University of Dayton or its core academic mission.

University of Dayton provides reasonable security against intrusion and damage to files stored on the central computing facilities, but does not guarantee that its computer systems are secure. The University of Dayton may not be held accountable for unauthorized access by other users, nor can the University guarantee protection against media failure, fire, floods, or other natural or man-made disasters.

3. Persons Covered by this Policy

This policy applies to all users of computer resources owned or managed by University of Dayton, including, but not limited to, UD faculty and visiting faculty, staff, students, and external organizations and individuals accessing external network services, such as the Internet and Intranet.     

4. Use of Resources

All users of University of Dayton electronic resources are expected to utilize such resources in a responsible, ethical, and legal manner consistent with University of Dayton mission and policies. As a user of University of Dayton electronic resources, you agree to be subject to the guidelines of this Policy on Fair, Responsible and Acceptable Use of Electronic Resources.

5. Policies on Fair, Responsible and Acceptable Use

The following policy statements are illustrated by specific examples in the accompanying guidance document that highlight types of activities that constitute unfair, irresponsible, or unacceptable use of UD electronic resources. That guidance document is called “Guidelines for Interpreting the Policy” and may be found at:

http://www.udayton.edu/udit/_resources/documents/policies/FRAUP_guidelines.pdf.  

Please note that these examples are provided for the purpose of illustrating each policy statement’s intent and are not intended to be an exhaustive list of all possible scenarios within the policy framework.

a)   University of Dayton electronic resources may not be used to damage, impair, disrupt, or in any way cause purposeful or reckless damage to University of Dayton networks or computers or external networks or computers.

b)   Unauthorized access, reproduction, or use of the electronic and digital resources of others is prohibited.

c)   Use of University of Dayton electronic resources to interfere with or cause impairment to the activities of other individuals is prohibited.

d)   Use of University of Dayton electronic resources to harass or make threats to specific individuals or a class of individuals, is prohibited.

e)   Use of University of Dayton electronic resources in pursuit of unauthorized commercial activities is prohibited.

f)   Use of University of Dayton electronic resources to violate city, state, federal, or international laws, rules, regulations, rulings, or orders, or to otherwise violate any University rules or policies is prohibited.

6. Reporting and Response to Violations

Members of the University of Dayton community who believe they have witnessed or been a victim of a violation of the University’s Policy on Fair, Responsible and Acceptable Use of Electronic Resources should notify or file a complaint with the appropriate University office as follows:

  • Students should report suspected violations to the Office of Community Standards and Civility
  • Faculty members should report suspected violations to their Dean or the Dean’s designated contact
  • Staff should report violations to their supervisor
  • If an individual wishes to file a report anonymously, he or she may do so through the University of Dayton Privately Speaking Line, provided by a third party at www.udayton.ethicspoint.com or 1-855-550-0654.

If the unit authority determines that a violation likely has occurred, this violation should be reported as follows:

  • To the Office of the Provost (if the violation involves students or academic faculty/staff) or
  • To the Office of Human Resources (if the violation involves staff from non-academic units)

Designated persons in the Provost and Human Resources offices are responsible for recording, tracking, and reporting violations to the appropriate UD officials in accordance with the University Grievance Policy and/or the Standard Judicial Process. 

7. Appeal procedures

Those individuals who are found in violation of the policy may submit a written statement of appeal the same as any other grievance cases to the following:

  • Students follow the Standard Judicial Process;
  • Faculty and academic “staff/administrative units” can appeal to the Dean or Provost;
  • Staff in non-academic units can appeal to their Supervisor or HR representative.

Reference Documents

  1. http://www.copyright.gov/legislation/dmca.pdf
  2. Guidelines for Interpreting the Policy

Applicable Regulations

  1. Digital Millennium Copyright Act of 1998
CONTACT

For questions relating to the University policies of Audit, Risk and Compliance please contact:


Robin Oldfield, Assistant Vice President- Office of Audit, Risk and Compliance
937-229-4503
Email