1 Introduction
2 Who is Covered by this Policy
3 Acceptable Use

3.1 Acceptable Use Agreement

4.1 Free Expression
4.2 Privacy
4.3 Personal Use

5.1 Respect for Intended Use of Resources
5.2 Respect for Shared Nature of Resources
5.3 Respect for Rights of Others
5.4 Unsolicited Communications
5.5 Respect for Intellectual Property

1 Introduction

This document sets forth the policies of the Fielding Graduate University ("Fielding") regarding use of email, Internet and web technologies, telephony, interactive video and/or other electronic communication systems including voicemail, facsimilies, computers, telephones and related equipment, collectively referred to as Technology Resources.  All users of Fielding’s systems agree by such use to comply with the expectations outlined in this policy.

This policy is not new or different, but an extension of the environment within which we already operate. Communication and technology resource policies need to reflect current technical and social environments, which are undergoing rapid development and change. Further, this technology and the social practices that shape its use are changing the nature and boundaries of organizations, personal life, and the public and private domains. In doing so, they are creating areas of social life whose relation to existing informal social norms or public or private policies and laws is not completely clear or resolved. Thus, they call for policies that are regularly and thoughtfully revised to regulate these new, changing areas in a humane and rational way that protects individual and organizational rights and defines individual and organizational responsibilities. As the media in use or the needs of the Fielding Graduate University change, this policy will be updated as necessary by the Chief Information Officer and V.P. for Human Resources & Administration and approved by the President's Leadership Team.

As an institution founded to support learning, research and the dissemination of knowledge, Fielding Graduate University encourages the free exchange of ideas and information among all of its members and with members of other communities. The tools of communication can be a means of intellectual, social, cultural, emotional and moral growth, but they also can be a means of harassment and destructiveness. The University as a whole finds a compelling need not only to facilitate the free flow of information, but also to encourage civility, to obey the law and to enforce its own policies and standards. Consequently, members in the Fielding community are expected to exercise responsibility, use computing resources ethically, respect the rights and privacy of others and operate within the bounds of the law and of Fielding's policy and standards.

Information and its related technologies are major institutional resources. Fielding's strategy is to incorporate information technology as an integral part of decision making, competitive positioning, and delivery of services. The availability of policies to govern the use and possible misuse of Fielding's computer resources is vital to the integrity of the university.

All members of Fielding share responsibility for maintaining an environment where actions are guided by mutual respect, integrity, and reason. Abuse of these privileges will be subject to disciplinary action, as established by Fielding’s operating policies and procedures. Fielding reserves the right to limit access to technology resources in response to evidence of violations of this policy or federal, state or local laws. All members of the Fielding community are bound by federal, state and local laws relating to civil rights, harassment, copyright, security, pornography, privacy, and other statutes relating to electronic media. It should be understood that this policy does not preclude enforcement under the laws and regulations of the United States of America, the State of California or local communities.

It is our goal to reduce the danger of misuse, destruction, or loss of information especially that of a critical or confidential nature. We attempt to accomplish this without restricting academic freedom or complicating access to information for which members of the Fielding Graduate University have a legitimate and specific need.

2 Who is Covered by this Policy

All users of Fielding Graduate University’s technology resources are subject to the provisions of this policy, and are hereinafter referred to as "users" (of technology resources).

Use of these technology resources implies consent with this policy, as well as other applicable University policies. For individuals whose access to Fielding University technology resources is provided primarily for special projects, further policies may apply as governed by the needs of the project.

3 Acceptable Use

Everyone issued an account on a Fielding technology resource system (e.g., FELIX), hereinafter "account," will be expected to adhere to the Fielding "Acceptable Use Agreement " (section 3.1). Failure to adhere to the "Acceptable Use Agreement" may be grounds for disciplinary action.  Additionally persons specified in "Who is covered by this Policy" (section 2) are expected to adhere to appropriate communication practices outlined in the Fielding Netiquette Guide.

3.1 Acceptable Use Agreement

The account issued to you by Information Technologies shall be used only in the manner described below.

1. Unless specifically designated for multi-user access when created, the account shall be used only by the person to whom it is issued. You are responsible for the actions of anyone using your account.
2. All passwords issued are to be held privately and securely. Be responsible for all use of your accounts and for protecting each account's password. In other words, do not share computer accounts. If someone else learns your password, you must change it.
3. The account shall be used for academic and administrative purposes pertaining to the mission of the Fielding Graduate University only.
4. The account shall not be used for unauthorized access and/or attempts to access technology resources without proper authorization, regardless of whether the computer, software, data, information, or network in question is owned by the university. (That is, if you abuse the networks to which the university belongs or the computers at other sites connected to those networks, the university will treat this matter as an abuse of your Fielding technology resource use privileges.)
5. The user shall not take advantage of another's inexperience or negligence to gain access to any computer account, data, software, or file which he or she has not received explicit permission to access.
6. The user shall not send fraudulent electronic communications, break into another user's account, or gain access to protected information without permission of the owner.
7. The user shall not use Fielding's computing resources to harass or threaten other users.
8. Software, other than freeware/shareware, may NOT be copied or distributed, unless permitted by its license (e.g., for backup purposes).
9. The user is responsible for maintaining the security of his or her own data and for making back-ups of such data.

4 Individual Privileges

The following individual privileges are extended to all users. However, it is understood that each of these privileges is conditioned upon acceptance of the accompanying responsibilities in section 5, "Individual Responsibilities" below.

4.1 Free Expression

There shall be no restrictions placed on the fundamental rights to free speech except those necessary to protect the rights of others and to preserve the order necessary for the university to function as an institution of higher learning. Given the diverse cultural backgrounds of users, Fielding cannot protect individuals against exposure to materials that they may consider offensive. Nevertheless, Fielding reserves the right to take restrictive actions in response to complaints that posted material creates a hostile environment for individuals or classes of individuals. Fielding also has the responsibility to take restrictive action when a user violates Fielding policy or federal, state or local laws.

4.2 Privacy

Users should not reasonably expect electronic mail correspondence to be treated as confidential. Users should be sensitive to the inherent limitations of shared network resources in protecting privacy. Some examples of this may include printing personal messages on a shared printer, leaving downloaded email or a message or account open on a computer in a public computer lab, etc. Specific personal electronic communications and computer files stored on Fielding Graduate University controlled systems will not be searched deliberately to seek evidence of malfeasance except in a clearly overriding emergency or as part of a formal investigation by a duly constituted authority.

Fielding adheres to fair information practices and students at Fielding are covered under the Family Educational Rights and Privacy Act (FERPA).

For website management, information is collected for statistical purposes. This information is used to determine usage patterns that have implications for technical design specifications and identifying system performance or problem areas as well as for strategic planning.  Personal user information is not made available to external agencies, persons or other institutions except as required by law.

4.3 Personal Use

Users of Fielding technology resources may use them for incidental personal purposes provided that, in addition to the foregoing constraints and conditions, such use does not: (i) directly or indirectly interfere with Fielding's operation of electronic communications facilities; (ii) burden Fielding with noticeable and avoidable incremental cost; or (iii) interfere with the user’s employment or other obligations to Fielding.

5 Individual Responsibilities

Users of Fielding's technology resources accept responsibilities that include, but are not limited to, the following specific examples.

5.1 Respect for Intended Use of Resources

Fielding's technology resources should not be used for personal benefit or conducting personal business enterprises in ways that conflict with Fielding’s mission.

5.2 Respect for Shared Nature of Resources

Users will not encroach on others' use of Fielding's technology resources. No user should attempt to modify the university system or network facilities or to crash systems. Users should avoid activities that unreasonably tax Fielding's technology, resources, including but not limited to: sending an excessive and unreasonable number of messages either locally or over the Internet; participating in electronic chain letters, frivolously printing multiple copies of documents, files or data; excessive game playing; modifying system facilities, operating systems, or disk partitions; or damaging or vandalizing Fielding owned, leased or rented computing facilities, equipment, software, or computer files.

5.3 Respect for Rights of Others

Fielding technology resources will not be used to harm, or threaten to harm, the safety of another individual or individuals. The user must comply with Fielding policies and federal, state and local laws regarding discriminatory harassment. Examples of violations include, but are not limited to: defamation, violation of privacy; intentionally placing a person or persons in reasonable fear of imminent physical harm; giving or causing to be given false reports of fire or other dangerous conditions; or harassment or discrimination based on race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability, or veteran status.

5.4 Unsolicited Communications

Users of Fielding's electronic communications facilities may send unsolicited mass communications only when authorized to do so in support of Fielding's business and in compliance with Fielding guidelines. Fielding's guidelines must be consistent with this Policy and laws on electronic solicitation.

For the purpose of this section, an unsolicited mass communication is one that is broadly distributed to recipients who have not requested or consented, either explicitly or implicitly, to receive the communication. Voluntary subscription to an electronic communications service implies consent to receive the communications of that service.  Email address lists maintained by Fielding may not be "harvested" for purposes of solicitations via email.

5.5 Respect for Intellectual Property

Respect for intellectual labor and creativity is vital to the academic discourse and enterprise. This principle encompasses respect for the right to acknowledgment, and right to determine the form, manner, and terms of publication and distribution. Examples of violations include, but are not limited to: copying copyrighted software without express written permission of the copyright owner; failing to obtain necessary licensing for software or to adhere to all licensing provisions  (installation, use, copying, number of simultaneous users, term of license, etc.); plagiarism or inadequate attribution of the intellectual property of others; posting of texts, images or audio works in disregard of copyright restrictions; or unauthorized publication or distribution of another's work or writing.

6 Reporting Violations

In some situations, it may be necessary to suspend account privileges to prevent ongoing misuse while the alleged violation is under investigation. The Chief Information Officer or designee reserves the right to immediate temporary suspension of the account(s) of anyone suspected of a violation, pending the outcome of investigation by the appropriate office. Under normal circumstances, such action will only be taken with the prior notification and concurrence of the program head or direct supervisor.  In the case of minor, first time offenses, the Chief Information Officer or designee may choose to resolve the situation informally without reporting the violation to other Fielding officials. Disciplinary decisions and appeals to those actions will be handled according to existing law and Fielding's grievance policies and procedures.

7 Administration and Implementation

Systems administrators will manage network systems in a manner that is consistent with the system's importance for campus communication and the need for privacy of personal electronic mail messages. In connection with their responsibilities, professional staff members may on occasion need access to or monitor parts of the system and thereby be given access to the contents of certain electronic mail messages. System administrators will respect the privacy of personal communications encountered on the systems. However, if, during the course of routine duties, a system administrator encounters information that indicates that a breach of this policy or criminal act has been or is about to be committed, they will report the existence and source of this information to the proper authorities.

Administrators are not responsible for monitoring user activity or content on any network system. However, when they become aware of violations, either through the normal course of duty or by a complaint, it is their responsibility to refer the matter to the appropriate authority for investigation and possible discipline. To forestall an immediate threat to the security of a system or its users, system administrators may immediately suspend access of the people involved in the violation while the incident is being investigated. They may also take other actions to preserve the state of files and other information relevant to an investigation. Specific personal electronic communications and computer files will not be searched deliberately to seek evidence of malfeasance except when the appropriate authorities have reason to believe that it is necessary in order: to enforce policies regarding harassment and the safety of individuals; to prevent the posting of proprietary software or texts, images, or audio works in disregard of copyright restrictions or contractual obligations; to safeguard the integrity of computers, networks, and data either at the university or elsewhere; and to protect Fielding against seriously damaging consequences.

In general, electronic mail is considered information only for the eyes of the sender and recipient(s). There may be exceptional circumstances where Fielding may release electronic mail to other parties. These situations may include, but are not limited to, the death of the account holder, when an absent or terminated employee has received mail associated with his/her job responsibilities, or during the course of a criminal investigation by authorized legal authorities.

8 Purpose of the fielding.edu Domains

The public area of the web site is to generate interest of prospective students, promote the Fielding mission, participate in the academic world, attract favorable media attention and showcase Fielding's accomplishments. The private area of the site is maintained to support the academic mission of Fielding programs, students, alumni, faculty, and staff.

Related Policies:

• Student Complaint and Grievance Procedure

  Policy Revised 07/01/2001- Reviewed 08/15/2003