Computer Use Regulation

REG 08.00.2

Information Technology

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Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: January 8, 1999. Last Revised: June 1, 2004. Additional History Information.

Additional References: Advice Memo on Public Computers and Pornography

Contact Info: Associate Vice Chancellor for Resource Management and Information Systems (919-515-9224)

1. Introduction

North Carolina State University's (hereinafter "University") computer networks, equipment and resources are owned by the University and are provided primarily to support the academic and administrative functions of the University. The use of this equipment and technologies is governed by federal and state law, and University policies and procedures.

2. Regulatory Limitations

2.1. Accounts are for the exclusive use of the individual to which they were assigned and users may not allow or facilitate access to University computer accounts, equipment, or restricted files or systems by others. Users may not set up a proxy or anonymous remailer for purposes of allowing access to others.

2.1.1. Students and employees of NC State are authorized users unless access privileges have been revoked under University procedures.

2.1.2. Guest accounts may be authorized by the Associate Vice Chancellor for Resource Management and Information Systems, or the Vice Provost for Information Technology, or their designees.

2.2. Use of University computing systems and networks must comply with federal and state law.

2.3. Use of University computing systems and networks must not violate any policy or directive of the Board of Governors, the NC State Board of Trustees, the UNC General Administration, or the NC State administration.

2.4. The University may examine personalelectronic information stored on or passing over University equipment or networks, for the following purposes:

2.4.1. To insure the security and operating performance of its systems and networks.

2.4.2. To enforce University policies or compliance with state or federal law where examination is approved in advance by a dean, vice chancellor, or vice provost, and either

2.4.2a. there is a reasonable suspicion that a law or University policy has been violated and examination is appropriate to investigate the apparent violation, or

2.4.2b.examination is necessary to comply with a state or federal law.

2.5. Computer Users should have no expectation of privacy in personal material stored by them on the University computing systems when the conditions of subparagraph 2.4.1, 2.4.2(a), or 2.4.2(b) above have been satisfied.

2.6. The University may authorize confidential passwords or other secure entry identification; however, users should have no expectation of privacy in the material sent or received by them over the University computing systems or networks. While general content review will not be undertaken, monitoring of this material may occur for the reasons specified above.

2.7. For information related to university business, a supervisor or other university official may have access for any work-related purpose. No permission or approval is needed for such access. If personal and business information are not clearly separated, a university official may examine all information to the extent needed to separate and access business information for work-related purposes. Deans or Vice Chancellors may approve rules to exclude personal files from storage on network drives, in which case all files and data on the affected systems may be treated as information related to University business.

2.8. The University reserves the right to limit or revoke access to University computing systems or networks when

2.8.1. federal or state laws or University policies are violated , or

2.8.2. where University contractual obligations or University operations may be impeded.

2.9. All material prepared and utilized for purposes of University business and posted to or sent over University computing equipment, systems or networks must be accurate and must correctly identify the sender, unless a University administrator (department head or higher) approves anonymity for a University business purpose.

2.10. Any traffic on the University's networks, stripped of information content, may be monitored for operational or research purposes.

2.11. All material prepared for purpose of University business and posted to or sent over University computing equipment, systems, or networks must be limited to information needed for University business. Personal quotations or other personal statements in signature blocks are not permitted. Supervisors are responsible for enforcement of this provision.

2.12. University computers must be registered with NC State in the ncsu.edu domain. It is forbidden to register a non-ncsu.edu domain for any computer, that is connected to the NC State network without approval of the Associate Vice Chancellor for Resource Management and Information Systems, the Vice Provost for Information Technology or their designees. If such approval is given, it must be made clear that the non-ncsu.edu address is using NC State resources for delivery.

3. Personal Use

Authorized users may access University computing equipment, systems and networks for personal uses if the following conditions are met:

3.1. The use does not overload the University computing equipment or systems, or otherwise negatively impact the system's performance.

3.2. The use does not result in commercial gain or private profit, except as allowed under University intellectual property policies and the external activities for pay policy. However, in no case may University computing resources be used for solicitation of external activity for pay.

3.3. The use does not violate any University licensing agreements or any law or University policy on copyright and trademark.

3.4. The use does not state or imply University sponsorship or endorsement.

3.5. The use does not violate laws or University policies against race, sex, religious, disability, or age discrimination, or harassment.

3.6. The use does not involve unauthorized passwords or identifying data that attempts to circumvent system security or in any way attempts to gain unauthorized access.

3.7. The use does not involve sending or soliciting chain letters, nor does it involve sending unsolicited bulk mail messages (e.g., "junk mail," or "spam," or "MLM.").

3.8. The use does not result in any direct cost to the University.

3.9. Any creation of a personal World Wide Web page or a personal collection of electronic material that is accessible to others must include a disclaimer that reads as follows:

"The material located at this site is not endorsed, sponsored or provided by or on behalf of North Carolina State University."

4. Use of Computing Facilities for Commercial, Advertising, and Broadcast Purposes

4.1. No paid advertising will be allowed on official University Websites. However, an NC State Website may contain a simple acknowledgment of sponsorship by an outside entity in the following form: "Support for this Website [or university unit] has been provided by _____________."

4.1.1. An "official University Website" is any World Wide Web address that is sponsored or endorsed or created on authority of a University department or administrative unit. Websites on University servers are either "University Websites" or personal Websites allowed by the University.

4.1.2. "Paid advertising" means advertising or promotional information provided in exchange for legal consideration, including money or other valuable benefits.

4.2. Personal Web pages that are maintained by University computer account holders may not contain paid advertising. This guideline is consistent with the University policy against use of University resources for private gain or commercial purposes.

4.3. University computer account holders may send advertisements to news groups dedicated to advertising. The ads may not refer readers to a University telephone number. Like other personal use of State computing resources, the ads must be sent on an employee's own time, not during hours when they are being paid to work.

4.4. University computer account holders may not "broadcast" E-mail messages without prior approval from a University official with the rank of chancellor, provost, vice chancellor for finance and business, or their designees. "Broadcast," means transmission of an unsolicited message to a significant number of computer accounts on a University server or servers; the intent is to prevent mass mailings from tying up employee time and computer resources.

4.5. Registered marks of the University (e.g., an image of a wolf) may be used in the Websites of University computer account holders on the conditions that (a) they are not used for or related to private profit or commercial purposes, and (b) they do not mislead or confuse viewers as to whether the Web page is University-sponsored.

4.6. The Chancellor or designee may approve specific exceptions to the prohibition on paid advertising.

5. Violation of Policy

5.1. Any violation of this policy by employees may be "misconduct" under EPA policies (faculty and EPA non-faculty), or "unacceptable personal conduct" under SPA policies. For students, violations are misconduct under the applicable student disciplinary code. Violators may be referred to the appropriate disciplinary procedure, and violations of law may also be referred for criminal or civil prosecution. Sanctions may include revocation of access privileges in addition to other sanctions available under the regular disciplinary policies.

5.2. Apart from referrals to disciplinary procedures, a University system administrator (or designees) may suspend a user's access privileges or suspend services to a computer, for as long as necessary to protect the University's computing resources, to prevent an ongoing threat of harm to persons or property, or to prevent a threat of interference with normal University functions. As soon as practicable following the suspension of access privileges, the system administrator must take the following actions:

5.2.1. The user must be sent written or electronic notice of the suspension of access and the reasons for it, and notice of the time, date, and location at which the suspension may be discussed with the system administrator.

5.2.2. The user must be given an opportunity to meet with the system administrator at his or her earliest convenience to discuss the suspension and present any reasons the user has why the suspension should be lifted. The system administrator must reconsider his or her suspension decision in light of the information received at this meeting.

5.2.3. Following the meeting, the user must be sent a copy of the system administrator's decision upon reconsideration, and must be notified that the user may appeal to the system administrator's immediate supervisor if the user is dissatisfied with the outcome of the meeting.

6. Application of Public Records Law

All information created or received for University work purposes and contained in University computing equipment files, servers or electronic mail (e-mail) depositories are public records and are available to the public unless an exception to the Public Records law applies. As with hard-copy documents, e-mail users are responsible for the retention of e-mail messages that have lasting or archival value in accordance with the N.C. Public Records Law and NC State University's published guidelines regarding records retention and disposition. (recommended by UIT on 7/9/03)

7. Additional Rules

Additional rules on computer use may be adopted by various divisions/departments to meet specific administrative or academic needs. Any adopted requirement must:

7.1. Comply with applicable federal and state laws;

7.2. Be consistent with the policies of NC State and the University of North Carolina;

7.3. Be posted in writing or electronically in a manner that is available to all affected users; and

7.4. Be filed with the Office of Legal Affairs, the Associate Vice Chancellor for Resource Management and Information Systems, and the Vice Provost for Information Technology.

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