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AC Subcommittee to consider remaining items from the Journal of Record October 25, 2011 Report to Academic Council page 1

MEMORANDUM 1

Academic Council 2

Fairfield University 3 4

TO: Academic Council 5 6 FROM: Subcommittee to consider remaining items from review of the Journal of Record 7 8 DATE: October 25, 2011 9 10 RE: Recommendations for the nine remaining Journal of Record items 11

12 At a number of meetings in academic year 2010-2011, the Academic Council considered a report from the 13 Ad Hoc Committee to Review the Journal of Record. Our subcommittee was formed in spring 2011 by the 14 Council and charged “to consider all the items under bullet 4 [on page 4 of the Report from the Ad Hoc 15 Committee to Review the Journal of Record dated 11/10/2010] and items #22 and #44 [in the document 16 Journal of Record with 55 changes shown for the AC, dated 11/10/2010].” 17 18 Specifically, the items we were charged to consider are numbered 16, 19, 22, 23, 36, 44, 50, 51, and 52 19 from the Journal of Record with 55 changes shown for the AC and the Ad Hoc JOR committee report. 20 Our recommendations for each of the nine items are in this report. All relevant documents can be found 21 with the materials for the Council’s December 6, 2010 meeting. 22 23 Item 16. 24 The current entry in the Journal of Record is: 25 26

Rank and Tenure Applications by Committee Members: 27 It is the sense of the General Faculty that, if an individual faculty member should wish to 28 apply for tenure or promotion while serving a term on the Faculty Committee for Rank 29 and Tenure, that faculty member should relinquish committee membership for the 30 academic year during which his application is being considered. 31

GF: 03/22/1985 32 33

Recommendation and Rationale: The Subcommittee recommends that this item be removed from the 34 Journal of Record because this matter is covered in the Handbook as follows, “No member of the 35 Committee may apply for promotion during his/her tenure on the Committee.” [I.C.b.2, paragraph 2]. 36 Furthermore, only tenured faculty members are allowed to serve on the Rank and Tenure Committee. 37 38 Item 19. 39 The current entry in the Journal of Record is: 40

41 Research Applications by Research Committee Members: 42 It is the sense of the General Faculty that, if an individual faculty member should wish to 43 apply for sabbatical leave, summer faculty stipend or research grant while serving a term on 44 the faculty Research Committee, that faculty member should absent himself/herself from 45 committee deliberations during the meeting(s) in which his/her application is being 46 considered. 47

GF: 03/22/1985 48


1 The Research Committee is responsible for making decisions on applications in five different categories: 2 Summer Stipends, Research Grants, Senior Summer Fellowships, Sabbaticals, and Pre-Tenure Research 3 Leaves. The application guidelines for each category are in a separate appendix in the Journal of Record. 4 For the first three, the application guidelines in the Journal of Record stipulate “Members of the Faculty 5 Research Committee are not eligible to apply during their term in order to avoid a conflict of interest”. In 6 addition, the Handbook states “No member of the [Research] Committee may apply for research grants 7 and/or summer stipend awards during his/her tenure on the Committee; however, members may apply for 8 sabbatical leaves and/or extraordinary research leaves concurrent with a term on the Committee.” [I.C.b.3, 9 page 12.] 10 11 Recommendation: The Subcommittee recommends that this item be revised as follows: 12 13

Sabbatical and Pre-Tenure Research Leaves by members of the Research Committee: 14 If an individual faculty member applies for Sabbatical or Pre-Tenure Research Leave while 15 serving a term on the Research Committee, that faculty member shall absent him or herself 16 from committee deliberations during the meeting(s) in which his or her application is 17 being considered. 18

GF: 3/22/1985 19 AC: Date of Approval 20

21 Rationale: The prohibition for Research Committee members applying for Summer Stipends, Research 22 Grants or Senior Summer Fellowships is clearly stated in the application guidelines for each award in the 23 Journal of Record and does not need to be addressed elsewhere in the Journal of Record. The revised entry 24 is consistent with what is already in the Handbook and the Journal of Record. Even though it is unlikely that 25 an untenured faculty member would be serving on the Research Committee and applying for a Pre-Tenure 26 Research Leave, it is the position of the Subcommittee that Pre-Tenure Research Leaves should be treated 27 in the same way as sabbaticals. 28 29 Item 22. 30 The current entry in the Journal of Record with changes suggested by the Ad Hoc Committee to review the 31 Journal of Record is as follows: 32 33

Missed Classes: 34 "All instructors should begin and end their classes on time as a courtesy to their students 35 and fellow instructors. When, for any valid reason, they are unable to meet their classes, 36 they should notify the appropriate Dean and, if possible, make arrangements for 37 conducting the class." (from the Faculty Handbook, II.C.1.a) 38 39 When faculty members are unable to meet their classes, they should notify the appropriate 40 Dean, and, if possible, the students as soon as they know that they will not meet their 41 classes. 42 43 In the event of unusual or inclement weather, when the University remains open, faculty 44 members should make every reasonable effort to meet their regularly scheduled classes; the 45 final judgment on what is reasonable effort resides with the individual faculty member. 46 47 Faculty members who are unable for any reason to meet with their classes should, if 48 possible, make arrangements with a colleague to conduct class, or otherwise endeavor to 49


cover missed class material through e.g. additional assignments or lengthened class 1 meetings. 2 3 Similarly, when class time is lost through frequent school closings due to weather or other 4 emergencies, faculty members should endeavor to cover missed class material through e.g. 5 additional assignments or lengthened class meetings. 6

AC: 09/12/1994 7 8 Recommendation: The Subcommittee recommends that this item be revised as follows: 9 10

Canceling classes in inclement weather: 11 In the event of inclement weather, when the University remains open, faculty members 12 should make every reasonable effort to meet their regularly scheduled classes. The final 13 judgment on what is reasonable effort, and therefore whether to hold class, resides with the 14 individual faculty member. Faculty members should try to notify their students of a 15 decision to cancel class in a timely manner. 16

AC: 09/12/1994 17 AC: Date of Approval 18

19 Rationale: It is the position of the Subcommittee that only the information in the third paragraph is 20 necessary and should remain in the Journal of Record; specifically, that faculty members need to 21 understand that they are not required to travel to the University in dangerous conditions, even if the 22 University is open. 23 24 Item 23. 25 The text from the Journal of Record with 55 changes shown for the AC is as follows: 26 27 23. Entry that needs to be revised 28 29 Make-ups for Missed Exams: 30 The Dean of the student’s school and not the Office of Student Services should certify that a student was 31 eligible to receive an absentee examination. 32 33 Recommendation: The AC should modify this entry as it may be too directive. The text should reflect the 34 combination of policies in the catalog and the Student Handbook. 35 36 The subcommittee recommends that the current entry be deleted and the following entry be included: 37 38

Class Attendance. 39 All students are expected to attend every regularly scheduled class session. The impact of 40 attendance on grading is specified in the syllabus for each course. Unexcused absences 41 may be reported to the appropriate academic dean. 42 43 Faculty members should have a policy for dealing with student absence on the syllabus for 44 each course. If a student will miss a class due to an illness/injury, the professor should be 45 notified according to the policy on the syllabus. If a student will miss an exam, quiz or in-46 class presentation due to illness/injury or another type of emergency, the professor should 47 be contacted beforehand. A faculty member may request that the student provide 48


verification of the absence from a health care provider. It is the purview of the faculty 1 member to determine when or if a student absence will be excused. 2

AC: Date of Approval 3 4 Rationale: Given that the matter of student absences had been considered by the Council through a 5 Council subcommittee during the 2010-11 academic year, the present subcommittee took the opportunity 6 to look at this entry in a broad context. The present subcommittee considered the text in the 2010-11 7 undergraduate catalog (pages 39-40), the 2010-11 Student Handbook (pages 30-31 and pages 46-47), the 8 Instructional Policy Handbook (pages 7-8 and pages 19-20) and the report to the Academic Council from 9 the Subcommittee on Student Absences Related to Health Issues (dated 4/8/2011) and considered by the 10 Council at its meeting on 5/2/2011. Upon reflection, the subcommittee’s position is that a distinction 11 must be drawn between absence from a class versus absence from an exam, quiz, or other graded work that 12 takes place during a class session. The proposed entry for the Journal of Record indicates, in paragraph one, 13 the expectation that students attend every class. In paragraph two, the faculty member’s license to dictate 14 class policy in this area is indicated, as well as the faculty member’s authority to request from the student 15 official verification of absence. Ultimate authority for excusing a student’s absence resides with the faculty 16 member. 17 18 19 Item 36. 20 The text from the Journal of Record with 55 changes shown for the AC is as follows: 21 22 36. An entry that needs to be reviewed 23 24 Tutorials: 25 Students may be permitted to enroll in a course listed in the university catalogue on a tutorial basis with 26 approval of the Area Coordinator/Chair and by arrangement with the faculty member offering the tutorial. 27 28 1. To register, students must obtain the appropriate form from the Office of the Registrar and have it 29 completed by the faculty member offering the tutorial. 30 31 2. The tutorial appears on the transcript with appropriate notation as a tutorial under the equivalent 32 number, e.g., EN 11(t), PY 15(t). 33

CR: 03/28/1988 34 Recommendation: The AC should revisit this entry to see if it is still relevant, or if it should be reconciled 35 with the entry above on Independent Studies. Process language is inappropriate for the Journal of Record. 36 37 38 The subcommittee recommends that this item be revised as follows: 39 40

Tutorials. 41 In rare circumstances, students may be permitted to enroll in a course listed in the 42 University catalog on a tutorial basis with the approval of the Area Coordinator/Chair and 43 the faculty member offering the tutorial. 44

AC: Date of Approval 45 46

Rationale. Occasionally, a student needs a specific course to satisfy core or major requirements. In such 47 cases, the student is allowed to register for that course as a tutorial. The revised entry allows a student to 48


have the appropriate information appear on the transcript (as opposed to the course number for an 1 Independent Study), does not include the process language, and indicates that this should happen only in 2 rare circumstances. 3 4 Item 44. 5 The current entry in the Journal of Record is: 6 7

Consideration of prior service for promotion and tenure: 8 Evaluation for promotion or tenure should be based on a faculty member's performance in 9 the academic career starting with his/her initial appointment at the rank of full-time 10 instructor higher at an institution of higher learning. While promotion and tenure is 11 based on performance in the academic career, the committee may seek to convince itself 12 that such performance will continue at Fairfield University. 13

AC: 11/05/1991 14 15

The revision proposed by the Ad Hoc Committee to review the Journal of Record is: 16 17

Consideration of prior service for promotion and tenure: 18 While promotion and tenure are based on the candidate’s performance in the entire 19 academic career, the Rank and Tenure Committee must also judge that the candidate’s 20 performance at Fairfield University has met the requirements for rank and tenure. 21

22 Recommendation: The Subcommittee recommends that the entry be revised differently, as follows: 23 24

Consideration of prior service for promotion and tenure: 25 Evaluation for promotion or tenure should be based on a faculty member’s performance in 26 the academic career starting with his/her initial appointment at the rank of full-time 27 instructor or higher at an institution of higher learning. While promotion and tenure are 28 based on performance in the academic career, the committee shall not recommend tenure 29 unless it has reasonable confidence that such performance will continue at Fairfield 30 University. 31

AC: 11/05/1991 32 AC: Date of approval 33

34 Rationale: Apparently, the language proposed by the Ad Hoc Committee did not convey what it was 35 intended to convey. The original entry was not stated in the language of policy and was not clearly 36 consistent with the Handbook. The revision makes it clear that all work must count towards tenure and 37 promotion, and is consistent with the Handbook language [II.A.3], “…tenure is granted not merely when a 38 candidate meets minimum qualifications for rank, but only when there is reasonable confidence that the 39 candidate will continue to develop as an outstanding teacher, a practicing scholar or artist, and a 40 contributing member of the campus community.” 41 42 Item 50. 43 The current entry in the Journal of Record is: 44 45

Faculty Admission to University Courses: 46 I. Tuition is remitted for full time faculty when they wish to take courses sponsored 47 in whole or part by the University. In some cases, tuition remission is governed by 48 conditions, as follows: 49


1 1. For most courses offered by the University, the only condition is the completion of 2 the proper tuition remission and registration forms. 3 4 2. For courses in which there are limitations on enrollment based on physical 5 requirements (e.g., limited number of lab stations), faculty may enroll on a space 6 available basis after regular full time and part time students. 7 8 3. For courses offered under a "contract" fee structure, faculty participation is 9 contingent upon funding from some source; faculty will then have access to the course 10 on an equal basis with anyone else. 11

12 II. Fees others than tuition are the responsibility of the faculty member. 13 14 III. Funding for "contract" courses (I.3 above) is to come from University sources. 15

AC: 05/16/1988 16 17

Recommendation and Rationale: See recommendation and rationale for Item 51. 18 19 Item 51. 20 The text from the Journal of Record with 55 changes shown for the AC is as follows: 21 22 51. Recommend that the location for this entry be reviewed 23 24 Illness/Disability Policy: 25 The University will provide full salary and benefits for up to six (6) months of absence due to disabling 26 illness, injury, pregnancy, childbirth or related conditions. Any faculty member who anticipates an extended 27 disability absence will inform his/her Dean as soon as possible indicating the anticipated commencement 28 and, whenever possible, the anticipated duration of the period of absence. The University may require 29 medical certification in cases of recurring absences, or for absences lasting longer than a month. 30 31 The period of recovery due to a normal childbirth is presumed to be six weeks. The University may require 32 medical certification for absences in excess of six weeks. 33 34 The University's total Disability Plan provides benefits for serious and long-term illness/injury after six 35 months, subject to the terms of the Plan. Faculty members are expected to apply for and avail themselves of 36 the Plan where appropriate. 37 38 Work-related injuries are covered by Worker's Compensation. 39

AC: 09/09/1991 40 41 42 Recommendation: that the AC consider whether the information in this entry belongs in the Journal of 43 Record or the Benefit Plans Overview. 44 45 Recommendation and rationale for items 50 & 51: Items 50 and 51 deal with particular benefits for 46 faculty. The Journal of Record may not be an appropriate place for entries on benefits for faculty as most 47 benefits for faculty are now delineated in the Faculty Handbook and the Benefits Plan Overview. The 48


subcommittee’s concern is that any statement of an individual faculty benefit should be complete, up-to-1 date, and protected from being changed unilaterally by the administration or trustees; Item 51, in 2 particular, is not up-to-date. Before making any recommendation to move the information in either of 3 these two entries to the Benefit Plans Overview, the subcommittee’s position is that it is incumbent upon 4 the faculty to reach agreement with the administration on language that items in the Benefit Plans 5 Overview cannot be unilaterally changed. The subcommittee recommends that the Council ask the Faculty 6 Salary Committee to work with the administration to reach agreement on language for the Journal of 7 Record and/or the Faculty Handbook that will protect benefits in the Benefits Plan Overview from unilateral 8 change by the administration or trustees. Draft language should be vetted by the Faculty Welfare 9 Committee/AAUP. For the time being, the subcommittee recommends no change to either Item 50 or 10 Item 51. 11 12 Proposed Motion. The Academic Council asks the Faculty Salary Committee to work with the 13 administration to reach agreement on language for the Journal of Record and/or the Faculty Handbook that 14 would protect benefits in the Benefit Plans Overview from unilateral change. Draft language should be 15 vetted by the Faculty Welfare Committee/AAUP. 16 17 Item 52. 18 Item 52 involves a Journal of Record entry entitled Computer Usage Guidelines, approved by the Academic 19 Council on 2/1/1993 (see Appendix I). The recommendation from the Ad Hoc Committee to Review the 20 Journal of Record was “that the AC review this entry since the information may be outdated.” The present 21 subcommittee found the following policies: 22 23

I. The Computer Usage Guidelines in the 11/2009 Journal of Record, approved by the Council 24 2/1/1993 (see Appendix I) 25

II. Fairfield University Computer Systems Acceptable Use Policy (AUP 2000), approved by the 26 Council on 11/6/2000 (see Appendix II) 27

III. Procedures in Support of Fairfield University’s Computer Systems Acceptable Use Policy 28 (Procedures 2000), approved by the Council on 11/6/2000. (see Appendix III) 29

IV. FairfieldUniversity Computer Systems Acceptable Use Policy (AUP 2004), found on the CNS 30 website and dated November 13, 2000/Updated June 30, 2004/© 2011 (see Appendix IV) 31

V. Procedures in Support of Fairfield University’s Computer Systems Acceptable Use Policy 32 (Procedures 2004), found on the CNS website, undated with © 2011 (see Appendix V) 33

34 The policy in the Journal of Record (Appendix I) is outdated. AUP 2000 and Procedures 2000 were 35 approved by the Academic Council but, apparently, never entered into the Journal of Record. AUP 2004 36 and Procedures 2004 do not appear to have been approved by the Academic Council. There do not appear 37 to be any substantive differences between the documents approved by the Council in 2000 and the updated 38 2004 documents. 39 40 Recommendation. That the Academic Council review and approve AUP 2004 (Appendix IV) and 41 Procedures 2004 (Appendix V) and have these two documents replace the current entry in the Journal of 42 Record, Computer Usage Guidelines (Appendix I). 43

44

45 46

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APPENDICES 1 2

3 4 Appendix I: 5 Computer Usage Guidelines in the 11/2009 Journal of Record 6 7 8 Appendix II: 9 Fairfield University Computer Systems Acceptable Use Policy (AUP 2000) 10 Page 9 11 12 Appendix III: 13 Procedures in Support of Fairfield University’s Computer Systems Acceptable Use Policy (Procedures 2000) 14 Page 13 15 16 Appendix IV: 17 Fairfield University Computer Systems Acceptable Use Policy (AUP 2004) 18 Page 18 19 20 Appendix V: 21 Procedures in Support of Fairfield University’s Computer Systems Acceptable Use Policy (Procedures 2004) 22 Page 21 23 24

25


Appendix I: 1 Computer Usage Guidelines in the 11/2009 Journal of Record 2 3 4 Computer Usage Guidelines: 5 Only members of the Fairfield University community are eligible to use the computing resources available 6 on campus. 7 8 Resources are available solely for: 9 10 * students needing resources for course-related work 11 * faculty engaged in research, instructional development, and other professional activities 12 13 The computer resources of Fairfield University are limited and should be used wisely and carefully. To assist 14 in the most efficient uses of all computer resources on campus, the following guidelines have been 15 established by the Educational Technologies Committee: 16 17 1. Each user must use the computing resources for the purpose(s) for which they are intended. Resources 18 should be used for research, instructional, or administrative activities and must not be used for primarily 19 commercial purposes. 20 21 2. Users may not engage in unauthorized duplication, alteration, or destruction of data, programs, or 22 software belonging to other members of the University community. Users may not transmit or disclose 23 data, programs or software belonging to others. Further, users may not copy materials protected by copy 24 right or licensing agreement. 25 26 3. Users may not encroach on others' use of computer resources. This includes, but is not limited to, such 27 activities as typing up computer resources for game playing; sending frivolous or excessive messages; 28 spreading computer viruses; using excess amounts of storage; printing excessive copies; or running 29 inappropriate programs that utilize inordinate amounts of computer time when more efficient programs are 30 available. 31 32 4. Users must not attempt to modify computer system(s) facilities on the University's mainframe, networks, 33 microcomputer, and external network links. 34 35 5. Users shall abide by the security policies set forth by the System Manager. 36 37 Identified violations will be reported to the appropriate office or Student Judicial Board for action as 38 described in the Faculty Handbook or the Student Handbook. 39 40

AC: 02/01/1993 41 42

43


Appendix II: 1 Fairfield University Computer Systems Acceptable Use Policy (AUP 2000) 2 3

4 Fairfield University Computer Systems Acceptable Use Policy 5

6

This policy is designed to guide students, faculty, staff, and other authorized users in the acceptable use of 7 computer and information systems and networks provided by Fairfield University according to the 8 mission of the University. It is meant as an application of the principles of respect and reverence for every 9 person, the development of community and the ideals of liberal education that are at the core of 10 Fairfield’s Catholic, Jesuit identity. This policy supersedes the “Acceptable Use Policy" (number 610) 11 adopted 1/1/94. This policy does not supersede any other University policies, including the student 12 grievances, sexual harassment, and personal conduct. 13

Guiding Principles: 14

The Fairfield University community is encouraged to make innovative and creative use of information 15 technologies in support of education and research. Access to information representing a multitude of 16 views on current and historical issues should be allowed for the interest, information and enlightenment 17 of the University community. Consistent with other University policies, this policy is intended to respect 18 the rights and obligations of Academic Freedom, and recognizes that the educational mission of the 19 University is served in a variety of ways. 20

The University recognizes that the purpose of copyright is to protect the rights of the creators of 21 intellectual property and to prevent the unauthorized use or sale of works available in the private sector. 22 Publication, distribution, or broadcast of copyright protected materials with out permission is prohibited 23 (See Policy on Copyright, attached). Also consistent with other University policies, an individual’s right 24 of access to computer materials should not be denied or abridged because of race, creed color, age, 25 national origin, gender, sexual orientation, or disability. 26

The University cannot protect individuals against the existence or receipt of material that may be 27 offensive to them. As such, those who make use of electronic communications are warned that they may 28 come across or be recipients of material they find offensive. Those who use e-mail and/or make 29 information about themselves available on the Internet should be forewarned that the University cannot 30 protect them from invasions of privacy and other possible dangers that could result from the individual’s 31 distribution of personal information. 32

In the interests of promoting the free exchange of ideas, Fairfield University does not exercise prior 33 review of electronic documents available on its network and accessible locally or through the internet. 34 Individuals who access materials available on the Fairfield University network should understand these 35 materials, unless otherwise posted, do not necessarily reflect the views of Fairfield University. Individuals 36 who feel that particular materials posted on the Fairfield University network are inappropriate or 37 otherwise objectionable, may lodge a formal complaint through the office of Computing and Network 38 Services. 39

F airfield University computing and network resources are to be used for University-related research, 40 instruction, learning, enrichment, dissemination of scholarly information, and administrative activities. 41 The computing and network facilities of the University are limited and should be used wisely and 42 carefully with consideration for the needs of others. Computers and network systems offer powerful tools 43 for communication among members of the community and of communities outside the University. When 44 used appropriately, these tools can enhance dialog and communication. When used unlawfully or 45 inappropriately, however, these tools can infringe on the rights of others. 46 47 48


Responsibilities: 1 The following examples, though not covering every situation, specify some of the responsibilities that 2 accompany computer use at Fairfield and/or on networks to which Fairfield is connected. 3

1. Users may not attempt to modify the University system or network facilities or attempt to crash 4 systems. They should not tamper with any software protections or restrictions placed on computer 5 applications or files. 6

2. All users must obtain authorized computing accounts and may only use their own user names and 7 passwords to access University computing and network systems. Users may not supply false or 8 misleading data nor improperly obtain another's password in order to gain access to computers or network 9 systems, data or information. The negligence or naiveté of another user in revealing an account name or 10 password is not considered authorized use. Convenience of file or printer sharing is not sufficient reason 11 for sharing a computer account. Users should not attempt to subvert the restrictions associated with their 12 computer accounts. 13

3. Users are responsible for all use of their computer account(s). They should make appropriate use of the 14 system and network-provided protection features and take precautions against others obtaining access to 15 their computer resources. Individual password security is the responsibility of each user. 16

4. Users may not encroach on others’ use of computer resources. Such activities would include, but are 17 not limited to, tying up computer resources for excessive game playing or other trivial applications; 18 sending harassing messages; sending frivolous or excessive messages, including chain letters, junk mail, 19 and other types of broadcast messages, either locally or over the Internet; using excessive amounts of 20 storage (as determined by Computing and Network Service policies); intentionally introducing any 21 computer viruses, worms, Trojan Horses, or other rogue programs to Fairfield University hardware or 22 software; physically damaging systems; or running grossly inefficient programs when efficient ones are 23 available. 24

5. Users are responsible for making use of software and electronic materials in accordance with copyright 25 and licensing restrictions and applicable university policies. Fairfield University equipment and software 26 may not be used to violate copyright or the terms of any license agreement. No one may inspect, modify, 27 distribute, or copy proprietary data, directories, programs, files, disks or other software without proper 28 authorization. 29

6. Users must remember that information distributed through the University's computing and networking 30 facilities is a form of publishing, and some of the same standards apply. For example, anything generated 31 at Fairfield that is available on the Internet through the University’s network represents the University and 32 not just an individual. Even with disclaimers, the University is represented by its students, faculty and 33 staff, and appropriate content, language and behavior is warranted. 34

7. Users may not transmit any material that is unlawful, libelous, or encourages conduct that would 35 constitute a criminal offense, give rise to civil liability, or otherwise violate any federal, state, or local 36 laws. Materials made available or transmitted on University Computer systems must comply with all 37 University policies governing conduct of students, faculty and staff. 38

Administration: 39

The University encourages all members of its community to use electronic communications in a manner 40 that is respectful to others. While respecting users’ confidentiality and privacy, the University reserves the 41 right to examine computer files and monitor electronic activity within the limits of other applicable 42 University policies. The University may exercise this right in order to enforce its policies regarding 43 harassment and the safety of individuals; to prevent the posting of proprietary software or electronic 44 copies of electronic texts or images in disregard of copyright restrictions or contractual obligations; to 45 safeguard the integrity of computers, networks, and data either at the University or elsewhere; and to 46 protect the University against seriously damaging consequences. The University may restrict the use of its 47


computers and network systems for electronic communications when faced with evidence of violation of 1 University policies, or federal, state or local laws. The University reserves the right to limit access to its 2 networks through University-owned or other computers, and to remove or limit access to material posted 3 on University-owned computers. 4

All users are expected to conduct themselves consistent with these responsibilities and all other applicable 5 University policies. Abuse of computing privileges will subject the user to disciplinary action according 6 to established University procedures. Abuse of networks or computers at other sites through the use of 7 Fairfield University resources will be treated as an abuse of computing privileges at the University. When 8 appropriate, temporary restrictive actions will be taken by system or network administrators pending 9 further disciplinary action; the loss of computing privileges may result. 10

The University and users recognize that all members of the University community are bound by federal, 11 state and local laws relating to civil rights, harassment, copyright, security and other statutes relating to 12 electronic media. It should be understood that this policy does not preclude enforcement under the laws 13 and regulations of the United States of America nor the State of Connecticut. 14

This policy may be amended or changed by the University Vice-Presidents, and in matters affecting the 15 Academic Division, with the mutual consent of the Academic Council. 16

The undersigned acknowledges that they have reviewed and understand Fairfield University's Acceptable 17 Use Policy noted above and that failure to adhere to these principles and policies may result in the 18 revocation of authorized access to electronic networks and computer systems at Fairfield University. A 19 signed statement is required to gain access to Fairfield University’s network(s) and computer systems. 20 Please return the lower portion of this form to the Help Desk (Bannow Science Center, Room GR-33) in 21 order to obtain your e-mail account. 22

23

Name (Printed) Date: 24

Signature 25

26


Appendix III: 1 Procedures in Support of Fairfield University’s Computer Systems Acceptable Use Policy (Procedures 2000) 2 3

4 Procedures in Support of Fairfield University’s 5

Computer Systems Acceptable Use Policy 6 November 1, 2000 7

8 Preface 9 These procedures have been designated to complement rather than supercede existing university 10 procedures, guidelines, and policies relating to computer use by faculty, staff and students. For this 11 reason, final authority for the resolution of complaints, including any penalties rests with the appropriate 12 chief administrator. 13 14 For the purposes of this policy, “appropriate chief administrator” shall be defined as the senior 15 administrator who has jurisdiction over the alleged offender of the Fairfield University Computer Systems 16 Acceptable Use Policy (hereafter cited as the Acceptable Use Policy). The “appropriate Chief 17 administrator” for faculty is the Academic Vice President. The “appropriate chief administrator” for 18 students will either be the Academic Vice President if the offense is related to academics, or the Vice 19 President for Student Services in non-academic affairs. In circumstances where the jurisdictional lines are 20 not clearly demarcated, authority will rest with both Vice Presidents, disputes being resolved by the 21 President. In the case of non-faculty staff, the Associate Vice President of Human Resources is the chief 22 administrator. 23 24 Guiding Principles: These procedures were designed to balance seven interests: 25 1) respecting the rights and responsibilities of academic freedom as defined in applicable 26 policies for faculty and for students engaged in academic work 27 2) protecting the rights of the university; 28 3) protecting users’ privacy; 29 4) protecting the System or network Administrator (SNA) in the performance of his or her job; 30 5) allowing routine administrative actions that might affect users’ files; 31 6) providing a mechanism to allow non-routine, non-emergency access to users’ files when it 32 can be justified; 33 7) providing guidelines for the occasional need to take immediate action. The ability of an SNA 34 to read a user’s files does not imply that he or she may do so without obtaining the approval required by 35 these procedures. 36 37 Balancing Rights 38 “Incidental personal use” of computing systems is an accepted and appropriate benefit of being associated 39 with Fairfield University. However, “incidental personal use" must still adhere to all university policies, 40 and must never have an adverse impact on the use of technology and information resources in support of 41 the University’s mission. Examples of “adverse impact” are described in the section entitled 42 “Responsibilities” in the Acceptable Use Policy. The respective chief administrator of the Academic 43 Division, Student Services, Human Resources, and Information Services share the responsibility to 44 interpret the Acceptable Use Policy along with 45 existing university policies relating to personal use of computers and to establish procedures to assist 46 them in the investigation and enforcement of these procedures. For example, in accordance with existing 47 university procedures an employee’s supervisor may also decide that personal activities are affecting the 48 abilities of the employee or colleagues to perform job functions and it is their right to ask the employee to 49


cease those activities. Ultimately, the office of Human Resources will arbitrate disagreements concerning 1 the interpretation of the Acceptable Use Policy relating to non-faculty staff. 2 3 Privacy 4 This policy defines “private” either as physically or technically not accessible to the general public or 5 accessible only through non-obvious password protection or other security schemes designed to limit 6 access to known or identified individuals. Network system logs which may record an individual’s 7 network activity shall be considered private. 8 9 Routine Operations 10 During routine administration SNAs may need to archive or delete privacy user files or messages from the 11 system; for example, this usually is due to physical data storage limits or an individual’s departure from 12 the University. In this situation, it is not necessary for an SNA to read or view user files; all work is done 13 using system utilities, machine to machine. Given that these situations are foreseeable, each organization 14 responsible for a computer or network system on which these actions will take place must define how and 15 when they will occur. Reasonable efforts must then be made to ensure that system users understand the 16 policy. 17 18 Violations, Investigations and Due Process 19 Non-routine situations may occur where it is necessary to examine a user’s private files without being 20 able to obtain his/her specific permission or authorization. Such situations may include the investigation 21 of violations of this policy or other University policies. The intent of these procedures is to separate the 22 authority to read private user files or messages from the technical ability to do so. This separation 23 attempts to protect both the user and the SNA. 24 25 l. Scope. The procedures outlined in this section shall apply to the investigation of University policy 26 violations, including violations of the Acceptable Use Policy, which involve University computing 27 resources or which require access to the private computer activities or files of students or faculty. 28 29 2. Reporting of complaints. Any member of the University community may bring a complaint of 30 unacceptable use of computing resources. It is also conceivable that individuals or agencies outside the 31 University may bring such complaints. Complaints shall be brought to the Vice President for Information 32 Services or his/her designee who will be responsible for coordinating the presentation of complaints to the 33 “appropriate chief administrator” as follows: 34 35 A. The Vice President for Information Services is charged with making judgments of 36 whether a given activity, use, or publication involving Fairfield University computing resources 37 (including but not limited to the use of the campus network and internet gateway, use of servers-e-mail, 38 web, file, mainframes, etc.-desktop computers, public terminals, etc.) requires further investigation and/or 39 referral to the appropriate chief administrator. 40 B. For alleged violations of the AUP by faculty members or by students engaged in academic work, 41 complaints that merit investigation will be referred to the Academic Vice President. Before any action is 42 taken the Academic Vice President will refer the matter to an Acceptable Use Policy Committee (AUPC) 43 composed of two tenured faculty appointed by the Educational Technologies Committee and one tenured 44 faculty appointed by the Academic Vice President to investigate and make a recommendation. 45 C. Students whose conduct is alleged to violate the AUP may appeal to the Academic Vice President on 46 the grounds that their activity is course related and within the scope of academic freedom. The Academic 47 Vice President will refer the matter to AUPC. Student activities that are related to course work and found 48 in violation of the AUP may be sanctioned by the Academic Vice President and the matter referred back 49 to the Vice President of Student Services. 50


D. For Non-Academic Violations the Vice President for Information Services may make 1 recommendations regarding suspension of computer privileges or other punitive or remedial action to the 2 respective chief administrator. 3 4 For the disposition of computing privileges, the due process procedures outlined in this document shall be 5 sufficient, on the authority of the appropriate chief administrator, to revoke or limit computing privileges 6 of an individual found in violation of acceptable use. However, this policy does not limit any further 7 disciplinary action the appropriate chief administrator may seek to bring according to established 8 disciplinary procedures for faculty, staff and students. 9 10 3. Authorization for Investigative Action. This policy makes a distinction between electronic files and 11 activities that take place on common University computing equipment (file and e-mail servers, the 12 network and internet gateway) and files and activities that take place on a personal computer belonging to 13 or assigned to an individual. Private electronic files that reside on, or activities that take place on, 14 common University computing equipment (file servers, etc.) and private computing activities that take 15 place over the University network and internet gateway are covered by this policy and may be searched 16 according to the procedures set out in Sections 3a and 3b below. Electronic files residing on personal 17 computers belonging or assigned to individuals may only be searched according to the procedures set 18 forth in Section 3b below. Electronic files that have been made publicly available (that is, not protected 19 through the use of non-obvious passwords or other security measures), either on common University file 20 server equipment or through the use of “sharing” or other forms of file server programs on equipment 21 owned by or assigned to a user are not considered private according to this policy. Computing equipment 22 that resides off campus is not covered under this policy, though all activity of such equipment by 23 authorized Fairfield users that takes place through the University network and computing systems is 24 covered by this policy. 25 26 a. Searching private computer files or monitoring electronic activities that do not violate the 27 Acceptable Use Policy. Situations may arise in which the conduct of a computer user is under 28 investigation for violations of other University policies. In such cases, authorization to access private 29 electronic files or monitor electronic activity must be made in writing by the appropriate chief 30 administrator to the Vice President for Information Resources and Services, who in turn must authorize 31 the System or Network Administrator (SNA) in writing to perform the requested search. Any attempt to 32 access private electronic files or other private electronic activities must conform to all applicable 33 operating procedures of the University. 34 b. Searching faculty offices and student dorm room. Different policies govern the privacy of student 35 dorm rooms and faculty office space: 36 37 i) Student Dorm Rooms and Personal Computers Owned by Students. Under the authority of 38 the Room Entry and Room Search sections of the Student Handbook (pp. 118-119), the Vice President of 39 Student Services may authorize that a search be conducted on a personal computer. Entry to the student 40 room shall be conducted in accordance with the Room Entry and Room Search clauses in the Student 41 Handbook. The SNA may be authorized to assist the staff of student services by accompanying them and 42 conducting the search of student computer in accordance with Section 4a of this policy. 43 44 ii) Faculty Desktop Computers. This policy recognizes that files stored on adesktop computer are part 45 of the faculty office, unless made publicly available (i.e., not password protected) through networking 46 programs such as file sharing, web, or other such server software. Entry to a faculty desktop computer 47 shall occur only when authorized by the Academic Vice President, in accordance with existing policies. 48 49 All users of computing resources at the University should be aware that this policy does not limit any 50 applicable State and Federal search and seizure procedures. 51


1 4. Emergency Situations. Situations will occur that pose immediate threats to the operations or security 2 of computer or network systems. Because of the immediacy, the SNA will need to intervene without 3 obtaining the written permission usually required before taking actions that may affect user files, 4 messages or system access privileges. The intent of these procedures is to allow SNAs to take appropriate, 5 timely action when protecting University computer systems while ensuring that the user and appropriate 6 University officials will be made aware of the situation as soon as possible. 7 8 a. If an SNA determines that user files or messages pose a significant threat to the operation or security of 9 a University computer or network system, he or she will take appropriate action to correct the problem 10 only upon the authorization of the Vice President for Information Services. If the Vice President for 11 Information Services is not available, the SNA may take such action as is necessary to resolve the 12 emergency. Such action may include, but is not limited to disabling user privileges, deleting or disabling a 13 user file, or disconnecting a network connection. SNAs are not authorized to enter a private office or 14 dorm room on an emergency basis, but may temporarily disable network connections until proper 15 authorization is obtained to inspect computing equipment in these areas. The SNA will not perform any 16 action on user files or messages that are not relevant to the current problem and will not take any 17 technical action, a this point, that would permanently deprive the user of access to the computer or 18 network system. 19 20 b. As soon as possible after action is taken, but no later than the next business day, the SNA will make a 21 written report to the Vice President for Information Services and the appropriate chief administrator 22 outlining the nature of the threat; protective actions taken; the user(s) involved; and the user file or 23 messages that were affected. 24 25 5. Sanctions. For nonacademic violations the appropriate chief administrator will review the 26 recommendations of the Vice President for Information Services and make the final decision concerning 27 any penalty or sanctions to be imposed on the offending party. Under this policy, those sanctions or 28 penalties may consist of limitation or suspension of any or all computing privileges. Imposition of such 29 penalties does not preclude further disciplinary action according to established policies for faculty, 30 students and staff. 31 32 Guidelines for Systems and Network Administrators. 33 Computer systems and network administrators (SNA’s), by the nature of their work, have privileges and 34 responsibilities that other users of technology generally do not have. Without system privileges, SNAs 35 would not be able to do their jobs. The use of these privileges must be wise and thoughtful. These 36 guidelines were developed to articulate responsibilities SNAs have in addition to those outlined in 37 Fairfield University’s Acceptable Use Policy. 38 39 1. SNAs are bound by the Acceptable Use Policy and the procedures set forth in Sections I and II of this 40 policy. Further, SNAs have a responsibility to educate users about all applicable computing policies. 41 2. All SNAs have an additional responsibility to assure the operation, security and integrity of Fairfield 42 University's computers, networks, and data. 43 3. Consistent with the other obligations imposed on them under the Acceptable Use Policy, other 44 applicable University policies, and the law, SNAs will treat as confidential any private and/or confidential 45 information obtained during system administration. 46 4. SNAs must not disclose privileged and confidential information about Fairfield University’s systems or 47 any other information that could prove detrimental to operations or compromise system security. 48 5. It is against University policy for an SNA to read a user’s files. However, SNAs in the course of 49 routine system administration, may need to delete or archive user files or messages. In order to do this, 50 SNAs must first promulgate a clear policy to the users describing how and when delete or archive actions 51


will be taken. These policies may vary by department. This section does not, however, grant SNAs 1 authority to read user files or messages during routine system administration. Procedures for obtaining 2 authorization to read user files or messages in routine, non-emergency and emergency situations are 3 provided in Section II of this policy. 4 6. When reacting to or preventing actions by users that may violate the Acceptable Use Policy or other 5 actions by users that may have significantly detrimental effects on system or network operation, SNAs 6 may need to read, modify or delete user files or messages. These actions will take place in accordance 7 with the procedures outlined in this policy and the SNA will document any access to user files or 8 messages. 9 7. SNAs will take all practical measures to ensure that all hardware and software license 10 agreements are faithfully executed on all systems, network, servers, and computers for which he or she 11 has responsibility. 12 13 Violations of these Guidelines for SNAs will be handled following the administrative and disciplinary 14 processes outlined in the applicable operating policies and procedures of the University. 15 16

17


Appendix IV: 1 Fairfield University Computer Systems Acceptable Use Policy (AUP 2004) 2 3

Fairfield University Computer Systems Acceptable Use Policy 4

5

November 13, 2000, 6 Updated June 30, 2004 7

This policy is designed to guide students, faculty, staff, and other authorized users in the acceptable use of 8 computer and information systems and networks provided by Fairfield University according to the mission 9 of the University. It is meant as an application of the principles of respect and reverence for every person, 10 the development of community and the ideals of liberal education that are at the core of Fairfield's 11 Catholic, Jesuit identity. This policy supersedes the "Acceptable Use Policy" (number 610) adopted 1/1/94. 12 This policy does not supersede any other University policies, including those pertaining to student 13 grievances, sexual harassment, and personal conduct (Policy No. 480, Item #27). 14

Guiding Principles: 15

The Fairfield University community is encouraged to make innovative and creative use of information 16 technologies in support of education and research. Access to information representing a multitude of views 17 on current and historical issues should be allowed for the interest, information and enlightenment of the 18 University community. Consistent with other University policies, this policy is intended to respect the 19 rights and obligations of Academic Freedom, and recognizes that the educational mission of the University 20 is served in a variety of ways. 21

The University recognizes that the purpose of copyright is to protect the rights of the creators of intellectual 22 property and to prevent the unauthorized use or sale of works available in the private sector. Publication, 23 distribution, or broadcast of copyright protected materials with out permission is prohibited. Also 24 consistent with other University policies, an individual's right of access to computer materials should not be 25 denied or abridged because of race, creed, color, age, national origin, gender, sexual orientation, or 26 disability. 27

The University cannot protect individuals against the existence or receipt of material that may be offensive 28 to them. As such, those who make use of electronic communications are warned that they may come across 29 or be recipients of material they find offensive. Those who use e-mail and/or make information about 30 themselves available on the Internet should be forewarned that the University cannot protect them from 31 invasions of privacy and other possible dangers that could result from the individual's distribution of 32 personal information. 33

In the interests of promoting the free exchange of ideas, Fairfield University does not exercise prior review 34 of electronic documents available on its network and accessible locally or through the internet. Individuals 35 who access materials available on the Fairfield University network should understand that these materials, 36 unless otherwise posted, do not necessarily reflect the views of Fairfield University. Individuals who feel that 37 particular materials posted on the Fairfield University network are inappropriate or otherwise 38 objectionable, may lodge a formal complaint through the office of Computing and Network Services. 39


Fairfield University computing and network resources are to be used for University-related research, 1 instruction, learning, enrichment, dissemination of scholarly information, and administrative activities. The 2 computing and network facilities of the University are limited and should be used wisely and carefully with 3 consideration for the needs of others. Computers and network systems offer powerful tools for 4 communication among members of the community and of communities outside the University. When used 5 appropriately, these tools can enhance dialog and communication. When used unlawfully or 6 inappropriately, however, these tools can infringe on the rights of others. 7

Responsibilities: 8

The following examples, though not covering every situation, specify some of the responsibilities that 9 accompany computer use at Fairfield and/or on networks to which Fairfield is connected. 10

1. Users may not attempt to modify the University system or network facilities or attempt to crash 11 systems. They should not tamper with any software protections or restrictions placed on computer 12 applications or files. 13

2. All users must obtain authorized computing accounts and may only use their own user namesand 14 passwords to access University computing and network systems. Users may not supply false or 15 misleading data nor improperly obtain another's password in order to gain access to computers or 16 network systems, data or information. The negligence or naiveté of another user in revealing an 17 account name or password is not considered authorized use. Convenience of file or printer sharing 18 is not sufficient reason for sharing a computer account. Users should not attempt to subvert the 19 restrictions associated with their computer accounts. 20

3. Users are responsible for all use of their computer account(s). They should make appropriate use of 21 the system and network-provided protection features and take precautions against others obtaining 22 access to their computer resources. Individual password security is the responsibility of each user. 23

4. Users may not encroach on others' use of computer resources. Such activities would include, but 24 are not limited to, tying up computer resources for excessive game playing or other trivial 25 applications; sending harassing messages; sending frivolous or excessive messages, including chain 26 letters, junk mail, and other types of broadcast messages, either locally or over the Internet; using 27 excessive amounts of storage (as determined by Computing and Network Services policies); 28 intentionally introducing any computer viruses, worms, Trojan Horses, or other rogue programs to 29 Fairfield University hardware or software; physically damaging systems; or running grossly 30 inefficient programs when efficient ones are available. 31

5. Users are responsible for making use of software and electronic materials in accordance with 32 copyright and licensing restrictions and applicable university policies. Fairfield University 33 equipment and software may not be used to violate copyright or the terms of any license agreement. 34 No one may inspect, modify, distribute, or copy proprietary data, directories, programs, files, disks 35 or other software without proper authorization. 36

6. Users must remember that information distributed through the University's computing and 37 networking facilities is a form of publishing, and some of the same standards apply. For example, 38 anything generated at Fairfield that is available on the Internet through the University's network 39 represents the University and not just an individual. Even with disclaimers, the University is 40 represented by its students, faculty and staff, and appropriate content, language and behavior is 41 warranted. 42

7. Users may not transmit any material that is unlawful, libelous, or encourages conduct that would 43 constitute a criminal offense, give rise to civil liability, or otherwise violate any federal, state, or 44


local laws. Materials made available or transmitted on University Computer systems must comply 1 with all University policies governing conduct of students, faculty and staff. 2

Administration: 3

The University encourages all members of its community to use electronic communications in a manner 4 that is respectful to others. While respecting users' confidentiality and privacy, the University reserves the 5 right to examine computer files and monitor electronic activity within the limits of other applicable 6 University policies. The University may exercise this right in order to enforce its policies regarding 7 harassment and the safety of individuals; to prevent the posting of proprietary software or electronic copies 8 of electronic texts or images in disregard of copyright restrictions or contractual obligations; to safeguard 9 the integrity of computers, networks, and data either at the University or elsewhere; and to protect the 10 University against seriously damaging consequences. The University may restrict the use of its computers 11 and network systems for electronic communications when faced with evidence of violation of University 12 policies, or federal, state or local laws. The University reserves the right to limit access to its networks 13 through University-owned or other computers, and to remove or limit access to material posted on 14 University-owned computers. 15

All users are expected to conduct themselves consistent with these responsibilities and all other applicable 16 University policies. Abuse of computing privileges will subject the user to disciplinary action according to 17 established University procedures. Abuse of networks or computers at other sites through the use of 18 Fairfield University resources will be treated as an abuse of computing privileges at the University. When 19 appropriate, temporary restrictive actions will be taken by system or network administrators pending further 20 disciplinary action; the loss of computing privileges may result. 21

The University and users recognize that all members of the University community are bound by federal, 22 state and local laws relating to civil rights, harassment, copyright, security and other statutes relating to 23 electronic media. It should be understood that this policy does not preclude enforcement under the laws 24 and regulations of the United States of America nor the State of Connecticut. 25

This policy may be amended or changed by the University Vice-Presidents, and in matters affecting the 26 Academic Division, with the mutual consent of the Academic Council. 27

© 2011 All Rights Reserved | Fairfield University, 1073 North Benson Road, Fairfield, Connecticut 06824 28 | (203) 254-4000 29

30


Appendix V: 1 Procedures in Support of Fairfield University’s Computer Systems Acceptable Use Policy (Procedures 2004) 2 3

Procedures in Support of Fairfield University's Computer Systems Acceptable Use Policy 4

5

These procedures have been designated to complement rather than supercede existing University 6 procedures, guidelines, and policies relating to computer use by faculty, staff and students. For this 7 reason, final authority for the resolution of complaints, including any penalties rests with the 8 appropriate chief administrator. 9

For the purposes of this policy, "appropriate chief administrator" shall be defined as the senior 10 administrator who has jurisdiction over the alleged offender of the Fairfield University Computer Systems 11 Acceptable Use Policy (hereafter cited as the "Acceptable Use Policy"). The "appropriate Chief 12 administrator" for faculty is the Academic Vice President. The "appropriate chief administrator" for 13 students will either be the Academic Vice President if the offense is related to academics, or the Vice 14 President for Student Affairs in non-academic affairs. In circumstances where the jurisdictional lines are not 15 clearly demarcated, authority will rest with both Vice Presidents, disputes being resolved by the President. 16 In the case of non-faculty staff, the Associate Vice President of Human Resources is the chief administrator. 17

Guiding Principles 18

These procedures were designed to balance seven interests: 19

• respecting the rights and responsibilities of academic freedom as defined in applicable policies 20 forfaculty, and students engaged in academic work; 21

• protecting the rights of the university; 22 • protecting users' privacy; 23 • protecting the System or network Administrator (SNA) in the performance of his or her job; 24 • allowing routine administrative actions that might affect users' files; 25 • providing a mechanism to allow non-routine, non-emergency access to users' files when it can be 26

justified; 27 • providing guidelines for the occasional need to take immediate action. The ability of an SNA to 28

read a user's files does not imply that he or she may do so without obtaining the approval required 29 by these procedures. 30

Balancing Rights 31

"Incidental personal use" of computing systems is an accepted and appropriate benefit of being associated 32 with Fairfield University. However, "incidental personal use" must still adhere to all university policies, and 33 must never have an adverse impact on the use of technology and information resources in support of the 34 University's mission. Examples of "adverse impact" are described in the section entitled "Responsibilities" in 35 the Acceptable Use Policy. The respective chief administrator of the Academic Division, Student Services, 36 and Human Resources share the responsibility to interpret the Acceptable Use Policy along with existing 37 university policies relating to personal use of computers and to establish procedures to assist them in the 38 investigation and enforcement of these procedures. For example, in accordance with existing university 39


procedures an employee's supervisor may also decide that personal activities are affecting the abilities of the 1 employee or colleagues to perform job functions and it is their right to ask the employee to cease those 2 activities. Ultimately, the Office of Human Resources will arbitrate disagreements concerning the 3 interpretation of the Acceptable Use Policy relating to non-faculty staff. 4

Privacy 5

This policy defines "private" either as physically or technically not accessible to the general public or 6 accessible only through non-obvious password protection or other security schemes designed to limit access 7 to known or identified individuals. Network system logs which may record an individual's network activity 8 shall be considered private. 9

Routine Operations 10

During routine administration SNAs may need to archive or delete privacy user files or messages from the 11 system; for example, this usually is due to physical data storage limits or an individual's departure from the 12 University. In this situation, it is not necessary for an SNA to read or view user files; all work is done using 13 system utilities, machine to machine. Given that these situations are foreseeable, each organization 14 responsible for a computer or network system on which these actions will take place must define how and 15 when they will occur. Reasonable efforts must then be made to ensure that system users understand the 16 policy. 17

Violations, Investigations and Due Process 18

Non-routine situations may occur where it is necessary to examine a user's private files without being able to 19 obtain his/her specific permission or authorization. Such situations may include the investigation of 20 violations of this policy or other University policies. The intent of these procedures is to separate the 21 authority to read private user files or messages from the technical ability to do so. This separation attempts 22 to protect both the user and the SNA. 23

Scope 24

• The procedures outlined in this section shall apply to the investigation of University policy 25 violations, including violations of the Acceptable Use Policy, which involve University computing 26 resources or which require access to the private computer activities or files of students or faculty. 27

• Reporting of complaints 28 Any member of the University community may bring a complaint of unacceptable use of 29 computing resources. It is also conceivable that individuals or agencies outside the University may 30 bring such complaints. Complaints shall be brought to the Director of Computing & Network 31 Services or his/her designee who will be responsible for coordinating the presentation of 32 complaints to the "appropriate chief administrator" as follows: 33

• A. The Director of Computing & Network Services is charged with making judgments of whether a 34 given activity, use, or publication involving Fairfield University computing resources (including but 35 not limited to the use of the campus network and internet gateway, use of servers-e-mail, web, file, 36 mainframes, etc.-desktop computers, public terminals, etc.) requires further investigation and/or 37 referral to the appropriate chief administrator. 38

• B. For alleged violations of the AUP by faculty members or by students engaged in academic work, 39 complaints that merit investigation will be referred to the Academic Vice President. Before any 40


action is taken the Academic Vice President will refer the matter to an Acceptable Use Policy 1 Committee (AUPC) composed of two tenured faculty appointed by the Educational Technologies 2 Committee and one tenured faculty appointed by the Academic Vice President to investigate and 3 make a recommendation. 4

• C. Students whose conduct is alleged to violate the AUP may appeal to the Academic Vice 5 President on the grounds that their activity is course related and within the scope of academic 6 freedom. The Academic Vice President will refer the matter to AUPC. Student activities that are 7 related to course work and found in violation of the AUP may be sanctioned by the Academic Vice 8 President and the matter referred back to the Vice President of Student Affairs. 9

• D. For Non-Academic Violations the Director of Computing & Network Services may make 10 recommendations regarding suspension of computer privileges or other punitive or remedial action 11 to the respective chief administrator. 12

• For the disposition of computing privileges, the due process procedures outlined in this document 13 shall be sufficient, on the authority of the appropriate chief administrator, to revoke or limit 14 computing privileges of an individual found in violation of acceptable use. However, this policy 15 does not limit any further disciplinary action the appropriate chief administrator may seek to bring 16 according to established disciplinary procedures for faculty, staff and students. 17

Authorization for Investigative Action 18

This policy makes a distinction between electronic files and activities that take place on common University 19 computing equipment (file and e-mail servers, the network and internet gateway) and files and activities that 20 take place on a personal computer belonging to or assigned to an individual. Private electronic files that 21 reside on, or activities that take place on, common University computing equipment (file servers, etc.) and 22 private computing activities that take place over the University network and internet gateway are covered by 23 this policy and may be searched according to the procedures set out in Sections 3a and 3b below. Electronic 24 files residing on personal computers belonging or assigned to individuals may only be searched according to 25 the procedures set forth in Section 3b below. Electronic files that have been made publicly available (that is, 26 not protected through the use of non-obvious passwords or other security measures), either on common 27 University file server equipment or through the use of "sharing" or other forms of file server programs on 28 equipment owned by or assigned to a user are not considered private according to this policy. Computing 29 equipment that resides off campus is not covered under this policy, though all activity of such equipment by 30 authorized Fairfield users that takes place through the University network and computing systems is covered 31 by this policy. 32

• a. Searching private computer files or monitoring electronic activities that do not violate the 33 Acceptable Use Policy. Situations may arise in which the conduct of a computer user is under 34 investigation for violations of other University policies. In such cases, authorization to access 35 private electronic files or monitor electronic activity must be made in writing by the appropriate 36 chief administrator to the Director of Computing & Network Services, who in turn must authorize 37 the System or Network Administrator (SNA) in writing to perform the requested search. Any 38 attempt to access private electronic files or other private electronic activities must conform to all 39 applicable operating procedures of the University. 40

• b. Searching faculty offices and student dorm room. Different policies govern the privacy of student 41 dorm rooms and faculty office space: 42

• i) Student Dorm Rooms and Personal Computers Owned by Students. Under the authority of the 43 Room Entry and Room Search sections of the Student Handbook, the Vice President of Student 44 Affairs may authorize that a search be conducted on a personal computer. Entry to the student 45


room shall be conducted in accordance with the Room Entry and Room Search clauses in the 1 Student Handbook. The SNA may be authorized to assist the staff of student services by 2 accompanying them and conducting the search of student computer in accordance with Section 4a 3 of this policy. 4

• ii) Faculty Desktop Computers. This policy recognizes that files stored on a desktop computer are 5 part of the faculty office, unless made publicly available (i.e., not password protected) through 6 networking programs such as file sharing, web, or other such server software. Entry to a faculty 7 desktop computer shall occur only when authorized by the Academic Vice President, in accordance 8 with existing policies. 9

All users of computing resources at the University should be aware that this policy does not limit any 10 applicable State and Federal search and seizure procedures. 11

Emergency Situations. Situations will occur that pose immediate threats to the operations or security of 12 computer or network systems. Because of the immediacy, the SNA will need to intervene without obtaining 13 the written permission usually required before taking actions that may affect user files, messages or system 14 access privileges. The intent of these procedures is to allow SNAs to take appropriate, timely action when 15 protecting University computer systems while ensuring that the user and appropriate University officials 16 will be made aware of the situation as soon as possible. 17

• a. If an SNA determines that user files or messages pose a significant threat to the operation or 18 security of a University computer or network system, he or she will take appropriate action to 19 correct the problem only upon the authorization of the Vice President for Information Services. If 20 the Director of Computing & Network Services is not available, the SNA may take such action as is 21 necessary to resolve the emergency. Such action may include, but is not limited to disabling user 22 privileges, deleting or disabling a user file, or disconnecting a network connection. SNAs are not 23 authorized to enter a private office or dorm room on an emergency basis, but may temporarily 24 disable network connections until proper authorization is obtained to inspect computing 25 equipment in these areas. The SNA will not perform any action on user files or messages that are 26 not relevant to the current problem and will not take any technical action, a this point, that would 27 permanently deprive the user of access to the computer or network system. 28

• b. As soon as possible after action is taken, but no later than the next business day, the SNA will 29 make a written report to the Director of Computing & Network Services and the appropriate chief 30 administrator outlining the nature of the threat; protective actions taken; the user(s) involved; and 31 the user file or messages that were affected. 32

Sanctions. For nonacademic violations the appropriate chief administrator will review the 33 recommendations of the Director of Computing & Network Services and make the final decision 34 concerning any penalty or sanctions to be imposed on the offending party. Under this policy, those 35 sanctions or penalties may consist of limitation or suspension of any or all computing privileges. Imposition 36 of such penalties does not preclude further disciplinary action according to established policies for faculty, 37 students and staff. 38

Guidelines for Systems and Network Administrators 39

Computer systems and network administrators (SNAs), by the nature of their work, have privileges and 40 responsibilities that other users of technology generally do not have. Without system privileges, SNAs 41 would not be able to do their jobs. The use of these privileges must be wise and thoughtful. These 42


guidelines were developed to articulate responsibilities SNAs have in addition to those outlined in Fairfield 1 University's Acceptable Use Policy. 2

1. SNAs are bound by the Acceptable Use Policy and the procedures set forth in Sections I and II of 3 this policy. Further, SNAs have a responsibility to educate users about all applicable computing 4 policies. 5

2. All SNAs have an additional responsibility to assure the operation, security and integrity of 6 Fairfield University's computers, networks, and data. 7

3. Consistent with the other obligations imposed on them under the Acceptable Use Policy, other 8 applicable University policies, and the law, SNAs will treat as confidential any private and/or 9 confidential information obtained during system administration. 10

4. SNAs must not disclose privileged and confidential information about Fairfield University's systems 11 or any other information that could prove detrimental to operations or compromise system 12 security. 13

5. It is against University policy for an SNA to read a user's files. However, SNAs in the course of 14 routine system administration, may need to delete or archive user files or messages. In order to do 15 this, SNAs must first promulgate a clear policy to the users describing how and when delete or 16 archive actions will be taken. These policies may vary by department. This section does not, 17 however, grant SNAs authority to read user files or messages during routine system administration. 18 Procedures for obtaining authorization to read user files or messages in routine, non-emergency 19 and emergency situations are provided in Section II of this policy. 20

6. When reacting to or preventing actions by users that may violate the Acceptable Use Policy or other 21 actions by users that may have significantly detrimental effects on system or network operation, 22 SNAs may need to read, modify or delete user files or messages. These actions will take place in 23 accordance with the procedures outlined in this policy and the SNA will document any access to 24 user files or messages. 25

7. SNAs will take all practical measures to ensure that all hardware and software license agreements 26 are faithfully executed on all systems, network, servers, and computers for which he or she has 27 responsibility. 28

Violations of these Guidelines for SNAs will be handled following the administrative and disciplinary 29 processes outlined in the applicable operating pollicies and procedures of the University. 30

© 2011 All Rights Reserved | Fairfield University, 1073 North Benson Road, Fairfield, Connecticut 06824 31 | (203) 254-4000 32

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