|
| IS - 1002 Information Technology Use |
Administration
Release Date: 10/2/97
Revision 1: 2/25/04
Revision 2: 11/22/04
Revision 3: 3/12/07
Revision 4: 6/13/08 |
| Policy |
|
CNM Board Policy
Governing Board Handbook 9.03, Inspection/Release of College Records
Employee Handbook 4.03, Sexual Harassment
Employee Handbook 9.03, Discipline
Employee Handbook 12.17,
CNM Technology Use Policy
Administrative Directive
Purpose Central
New Mexico Community College (CNM)
promotes and provides Information Technology (IT) resources that enhance
educational services and facilitate job performance and College
operations. These resources are shared by students, faculty, staff, and the
public. All persons using these systems share the responsibility for seeing
that they are used in an effective, efficient, ethical, and lawful manner.
The aim of this administrative directive is to safeguard equipment,
networks, data, and software that are acquired and maintained with public
funds as well as define the acceptable use of these resources.
Users of CNM technology resources, including those who
interface with CNM systems and networks, are subject to this administrative
directive, in addition to local, state, and federal laws relating to
copyrights, security, and other issues regarding electronic media. Any
violation of this CNM policy, administrative directive, the
Employee
Handbook, or the
Student Code of Conduct may result in the
removal of access privileges and subject the violator to administrative and
disciplinary action. Examples of Information Technology Use
violations are listed on the Violation Matrix.
Information Technology
at CNM
This administrative directive applies to all
individuals and groups utilizing College-owned Information Technology
resources, whether individually controlled or shared, stand-alone or
networked.
1.
Promotion of Information Technology Use
CNM encourages students, instructors, and employees to
make use of Information Technology resources. To support this intent,
CNM
provides computer access at several computer
labs throughout the
College and offers a variety of computer-related courses. Please check
with the individual labs for hours of operation and the category of
users they serve.
Courses and workshops on computer use and Information
Technology are available at CNM to students and employees through the
following divisions:
·
Applied Technologies
·
Business and
Information Technology (BIT)
·
Communication, Humanities and Social Sciences (CHSS)
·
Educational
and Career Advancement (ECA) ·
Health, Wellness, and
Public Safety (HWPS) ·
Math,
Sciences and Engineering (MSE) ·
High
School-Aged Student Enrollment Programs ·
Workforce Training Center
(WTC) ·
Emeritus Academy · Organizational
Learning – employees only
1.1 Instructors are encouraged to assign projects and homework that
require the use of computer technology. This gives the student an
opportunity to prepare for jobs and continuing education as well as partner
in the protection of CNM’s Information Technology resources. Instructors
should provide an explanation of student responsibilities and encourage
students to read the Information Technology Use Administrative Directive
which also provides links to CNM Governing Board Policy.
1.2
Employees are encouraged to become familiar with and use the
Information Technology resources at CNM. Employees can enroll in CNM
courses and workshops. Workshops are also available through
Organizational Learning. These workshops are designed for
instructional staff but are open to other CNM employees if space is
available. Tuition waivers are available to eligible individuals.
1.3
CNM encourages every student and employee to have a current
account, to promote student-faculty dialogue and timely response to
business-related communication among the CNM community. CNM accounts are
available to eligible individuals.
2.
Administration of CNM’s Enterprise Resources and Systems
In
support of CNM’s mission to provide dynamic education for the community,
the College has charged CNM's Office of Information Technology Services (ITS)
with the responsibility of maintaining
the capacity, performance, security, and stability of CNM’s
Enterprise resources. To accomplish this and ensure maximum
availability of computing resources, the following applies:
2.1 All systems attached to CNM's networks, including those not
administered by ITS are required to adhere to
this, and any other applicable administrative directives, as well as
processes, procedures
and best practices necessary to maintain the integrity of CNM’s systems and networks.
2.2 Prior to the purchase of new
hardware or software, it is recommended that ITS be involved
early in a project to review and assess
compatibility issues with respect to special or unique
systems and applications for departmental, group or
individual use.
2.3 All new systems, and changes to or
deletions of existing systems attached to CNM's networks,
are subject to
review and approval by ITS. If necessary, appeals to ITS decisions can be
made
through the
Information Technology Strategic Team (ITST).
3. CNM
Enterprise Resources and Systems
This administrative directive governs and protects all
communication and computer resources utilized by the CNM community.
Information Technology systems at CNM consist of
enterprise applications, services, and equipment. The categories and items
listed below provide a general overview of the most common resources in use
at CNM.

Technology Use
4. Information Technology Users
4.1
By using any of CNM’s resources and systems, users agree to familiarize
themselves with, and accept the terms of the Information Technology Use
Administrative Directive.
4.2
The individuals and groups who are governed and protected by this directive
include, but are not limited to:
·
students, including those enrolled in distance learning classes
·
faculty
·
staff
·
organizations with websites and e-mail addresses
·
departments with websites and e-mail addresses
·
general public (limited access in designated areas)
·
authorized business partners
·
authorized vendors/contractors
4.3
The general public, while using CNM resources and systems, are subject to
all applicable CNM policies, administrative directives, and procedures.
5.
Agreement and Compliance
The aim of this agreement and compliance is to ensure
that CNM's Information Technology resources and systems are used in an
appropriate manner. Agreement and compliance with this administrative
directive ensures that the CNM community has optimum access to and use of
these resources.
5.1
Information Technology standards, directives, and requirements must be in
compliance with this administrative directive so that all processes support
the integrity of CNM's resources and systems. Users agree to abide by this
administrative directive for systems, networks, or services that they may
access through CNM's systems.
5.2 Area directives and procedures may be established to further
support appropriate Information
Technology use to preserve all resources and better serve the community.
Users agree to become familiar with and to abide by all applicable
directives in addition to the Information Technology Use administrative
directive.
5.3
The
ITS Helpdesk
and/or the Policies and Procedure Office
staff are available to explain or interpret the information contained in
this administrative directive or other applicable area directives that may
need clarification.
6. Dissemination of User Information
College leadership is encouraged to make every
reasonable effort to make the information contained in this CNM policy and
administrative directive available to students, employees and the public.
By logging into any of CNM’s networks or applications, users agree to comply
with this administrative directive. However, it is recommended that users
read the
CNM Information Technology Use Policy and
Administrative Directive to fully understand their rights and
responsibilities.
6.1
Information may be conveyed in various ways, some of which are:
·
hand-outs
·
presentations at staff meetings
·
presentations at New Employee Orientation sessions
·
presentations at New Student Orientation sessions
·
informal training sessions conducted at the department level
·
official CNM publications (e.g., Course Catalogue)
·
wall postings in the computer labs
·
screen messages that require "user acceptance of policy" to log on
·
website(s)
·
e-mail
7.
Rights and Privileges
CNM and the users of CNM's Information Technology
resources and systems have certain rights that are in place to safeguard
both the College and the CNM community. These rights are not intended to
be in conflict with each other, but rather to promote a reciprocal
relationship between the administrators of CNM's Information Technology
resources and their users.
Rights of
CNM
7.1
CNM’s Information Technology resources and systems are owned and operated by
CNM. These resources include systems, networks, software/licenses,
facilities, accounts, and information. CNM reserves all rights to these
resources, including termination of service without prior notice should an
individual violate CNM’s Information Technology Use Administrative Directive.
CNM further reserves the
right to review all software and files maintained on CNM’s computers.
Privileges
7.2
Access to CNM’s resources and systems is a privilege granted to
users, not a right. Access privileges are offered to users so they
have full use of the technology available for academic or CNM work-related
purposes. Access to any system may be
denied or revoked at any time without prior notice as a protective measure
to ensure CNM's system integrity or compliance with legal mandates.
7.3
Users may not, under any circumstances, transfer or confer these access
privileges to other individuals.
7.4
Access privileges to CNM’s Inter/Intranet require responsible behavior by
users and their compliance with the Information Technology Use Policy.
7.5
Access privileges may be temporarily suspended, if necessary or appropriate,
to maintain the integrity of CNM’s systems or networks.
8.
College Liability
CNM's role in managing Information Technology resources
and systems is to administer and support CNM's Information Technology
resources and to facilitate the transmission of data. However, CNM’s
liability is limited by the following:
8.1
CNM does not represent or
warrant that any computers or software supplied by CNM will function or
perform to any specifications.
8.2 CNM cannot protect individuals against the receipt of material
that may be offensive to
them while
they are using the College’s resources and systems.
8.3 The user is solely
responsible for the message transmitted and may be subject to
disciplinary action,
in accordance with the
Student Code of Conduct and/or the
Employee Handbook, should the transmission be in violation of this
directive.
8.4. CNM is not responsible for monitoring transmissions for
compliance with this administrative directive or any applicable state or federal law.
However, when warranted, CNM may elect to
monitor
electronic communications and activity.
8.5 CNM is not responsible if a user’s data becomes corrupted or is
lost. Locally stored data is not backed-up by ITS (i.e., data/files stored on user’s PC hard drives). It is advisable that users back-up
data they consider critical to their academic work, job or intellectual property, using
modern procedures. ITS provides assistance with back-ups of data on a routine basis as
requested. Contact the
ITS Helpdesk for assistance with establishing a
back-up routine if needed.
9. User Liability
9.1 Users are responsible for
backing-up data they consider to be critical to their academic
work,
job, or intellectual property.
9.2
Users are solely responsible for any messages transmitted with CNM’s
resources and systems. Users may not send messages which are intended to
mislead the recipient by suggesting that the message originated from a
source other than the person transmitting the message. Further, messages
should be appropriate only for a learning environment. Should the
transmission be in violation of this administrative directive, the user may
also be subject to disciplinary action in accordance with the
Student Code of Conduct and/or
the
Employee Handbook.
9.3 A
user who violates intellectual property law may be liable to the owner for actual damages, statutory
damages, profits, court costs and attorney fees. In addition, in certain
cases the user may be criminally prosecuted and subject to a fine and
imprisonment.
10.
Authorized Use
CNM authorizes the use of its Information Technology
resources and systems, per the account eligibility requirements, for the following:
·
academic pursuits
·
dissemination of information
·
research (e.g., grants, contracts, course-related work)
·
educational services (e.g., instructor websites, WebCT, testing,
special services)
·
operational purposes (e.g., payroll, purchasing, student
registration)
·
management purposes (e.g., CNM Express, The Source)
·
communication (e-mail, web, telecommunications,
distribution and group lists)
11. Responsible Use
Prudent and responsible use of Information Technology
resources and systems begins with common sense and includes respecting the
rights and privacy of other users.
11.1 Responsible use of
CNM Information Technology resources and systems includes, but is
not limited to the following:
·
proper use of the system per the information provided in
this administrative directive
·
proper use of hardware (e.g., not abusing or misusing
keyboards, mice, etc.)
·
compliance with this administrative directive and other
applicable College policies and administrative directives as well as
processes, procedures and best practices identified by CNM to be necessary
to maintain CNM’s resources and systems
·
use of CNM resources and systems in a manner that respects
the privacy of others
·
protection of CNM’s resources and systems by not engaging in
any prohibited or illegal
activities.
·
protection of their user accounts and data (i.e., password
protection, not leaving unattended any device they are logged into,
backing up critical data)
·
proper use of their access to Information Technology
resources and systems (i.e., not using it beyond the scope of the job
duties they are assigned)
·
keeping information/data confidential as required by the
user’s position or relationship to CNM
12.
E-mail and Internet Use
12.1
The same standards of behavior and etiquette are expected in the use of
e-mail, web, and
internet tools as in the use of telephones, written and oral
communication.
12.2
The items listed in the
Example Violations matrix apply to the transmission and
Content of
e-mail, web, or other internet communication tools.
12.3
CNM reserves the right to take measures to protect the integrity of its
Information
Technology resources and systems. Such measures may block the
receipt of executable
files, detect known viruses, and prevent excessively large file
attachments from interfering with
system and network operation. However, CNM makes every reasonable
effort to preserve the
content of electronic communications impacted by these measures.
12.4 Electronic mail lists
(personal, public distribution or group lists) are for academic or CNM work-
related use.
12.4.1 Users of an electronic mail list are
responsible for determining its purpose
before sending messages to, or receiving
messages from, the list.
13. Personal Use
CNM
allows incidental personal use of Information Technology resources and
systems such as telephones, e-mail, and the Internet, as long as it does not
adversely affect the College, an employee’s job performance, or other
users’ access to resources.
13.1 Personal use of Information Technology resources and
systems should be kept to a minimum as determined by individual department managers, supervisors, and
instructors. Should such use
become disruptive to CNM’s system or network operations, the user's
access may be terminate without notice to preserve system integrity.
13.2 Personal use of these resources and systems may be
curtailed by a supervisor if such use
impacts an employee’s job performance.
13.3 Supervisors and managers determine, in concert with this
directive, what is acceptable regarding
the use of personal items such as cellular telephones, PDA's, and
laptops.
System Access
14.
Access and Eligibility
Access privileges fall into four categories – account
access, network/system access, access to computer
labs, and library
resources. Access privileges and eligibility are based on the user’s
relationship to the College.
14.1 Account access is limited to
systems which allow users to perform specific functions
(e.g., e-mail accounts, Banner accounts to perform
payroll functions, student
registration, or entering
grades).
14.2 Network/system access can be via
Intra/Internet, allowing access to multiple systems
(e.g., the Internet and file storage systems).
14.3 Access to most computer
labs
is restricted to certain user populations.
14.4 Library facilities are available
to all users, but some specific resources are
limited to certain user populations.
Account Access Privileges
14.5
14.5 Access privileges to CNM Information Technology resources and systems are
assigned and
managed by the administrators or persons designated for managing access to
systems.
14.6
In order to protect/minimize CNM's legal liability and the risk of security
threats introduced via
the internet, it is the college's position to prevent access to Internet
sites containing pornographic
materials and sex sites while providing latitude to enable individual access
for justified legitimate
need.
CNM internet filters access to sites with inappropriate content.
Access to such sites for
educational and research purpose may be requested by submitting a
CNM Web Page Request
form. All requests are subject to approval by Dean, for students and
faculty, or Director or
Divisional Vice President, for administrative staff.
Account Eligibility
14.7 To be eligible for a CNM account, an individual or group must be one of the
following:
·
a CNM student ·
a CNM staff ·
a CNM instructor ·
a CNM department ·
a CNM organization ·
an individual (contractor, vendor, etc.) or entity approved by the CNM Vice
President for Administrative Services and the Director of ITS
·
an authorized CNM guest with a CNM issued guest identification or approved
sponsorship
for a CNM sponsored event
Account
Management
14.8
Because account access is granted on an individual basis for educational and
CNM work-related purposes, usernames and passwords are used to access CNM’s
resources.
14.9 Users are required to
log off any device before leaving the area to prevent unauthorized
access by others.
14.10 CNM accounts must not
be used or constructed in a manner that allows any unauthorized access to
CNM’s resources.
14.11 Accounts residing on,
or accessing CNM’s resources and systems must conform to
copyright
law.
Passphrases/Passwords
14.12
Account passphrases/passwords are crucial in the protection of information,
systems and networks. They provide a first line defense to safeguard
CNM's data. A weak passphrase/password could result in a compromise.
The selection of a strong passphrase/password provides protection for both
user and system accounts.
Passphrases - for Network Accounts
Length: 15 to 30 characters
Can: Contain
letters, numbers, special characters, spaces, mixed case
Cannot: Be a repeat of the current or
last passphrases or contain username
or your name
Change: Change the passphrase every
125 days and/or whenever a
compromise is suspected
Protection: Users are required to protect their passphrases at
all times:
·
Don't share or tell anyone your passphrase
Be aware of "social engineers" (someone trying to trick you into
giving them
your passphrase)
·
Don't send
your paraphrase via email in response to any request, no
matter how official that request appears
·
Don't respond to a request to go to a link to provide your
passphrase
·
Don't store your passphrase on your computer (if Windows
prompts you to "Save Password" don't do it
·
Do be very careful when entering your passphrase with somebody
else in the room
·
Do change your passphrase if you suspect that someone knows it
The following link provides guidance for selecting an easy to remember,
strong passphrase:
passphrase guidance.
Passwords - for the Banner
System
The following outlines CNM's
Banner System Password requirements:
Length:
8 to 30 characters
Must:
Begin with a letter, use two or more numbers and a special character
Can:
Contain letters, numbers and only the following special characters: *
% !
Cannot:
Be a repeat of the current or last 4 passwords or contain username or your
name
Change:
Change the password every 125 days and/or whenever a compromise is suspected
Protection: Users are
required to protect their passwords at all times:
·
Don't share or tell anyone your password
Be aware of "social engineers" (someone trying to trick you into
giving them your password)
·
Don't send
your password via email in response to any request, no
matter how official that request appears
·
Don't respond to a request to go to a link to provide your
password
·
Don't store your password on your computer (if Windows
prompts you to "Save Password" don't do it
·
Do be very careful when entering your password with somebody
else in the room
The following link provides
guidance for selecting an easy to remember, strong password:
password guidance.
Revocation or
Denial of Access Privilege
14.13
Access to resources and systems may be denied or revoked at any time without
prior notice
to protect and preserve system integrity.
15. Computer User Accounts
CNM offers a variety of computer accounts including,
but not limited to, portal, email, and web accounts.
15.1
Portal accounts (CNM Passport) are automatically created for all
students, staff, and faculty.
15.2 Student portal groups
are subject to approval by the Dean of Students Office.
15.3
Employee portal groups may be created for official CNM business and are
subject to approval as follows:
Interdepartmental Faculty
Groups - Vice President for Instruction or designee
Intradepartmental Groups - Department Dean/Director or designee
Quality Improvement and AQIP Teams - Associate Vice President for
Instruction or designee
Divisional Groups - Vice President for the Division or designee
Institutional Groups - Dean/Director of the Group Leader
15.4
Websites must conform to
CNM’s Web Administrative Directive (currently unavailable) soon to be available on
CNM’s website via The Source. Hard copies of
The Source are
available from all campus libraries. Any questions regarding Web Policy
should be directed to the
CNM Webmaster.
16. Locking Accounts
There are times when events, such as employment
separation or a suspected violation of this administrative directive, may
necessitate the locking of a user's account to preserve and protect the
integrity of CNM’s systems and networks.
Employee Accounts
16.1
Accounts are locked upon termination of employment at CNM. It is the
supervisor’s responsibility to ensure that the
separation checklist
is processed through ITS on the same day of the employee’s separation from
the College.
If an employee’s termination results in insufficient time to complete the
separation checklist before they leave the
College, Human Resources
can notify ITS via e-mail to lock the employee’s account. However, the
separation checklist should be completed as soon as possible.
16.2
Upon separation from the College, an employee’s data and system files are,
and remain, the property of the College.
16.3
Information contained in each locked account is kept for a period of no less
than thirty days. At the end of that period, the information may be
retained or deleted at the College's discretion and in accordance with
state statutes and codes regarding
record retention.
16.4
Access to information in an employee’s, or separated employee’s locked
account requires approval from the Human Resources Department.
16.5
Any employee whose account is locked as a result of a suspected violation of
the Information Technology Use Administrative Directive is notified by the
Human Resources Department.
Student Accounts
16.6
Student accounts are kept active until the beginning of the next fall or
spring term following their last enrollment. At that time, if the user is
no longer a registered student, the account is locked.
16.7
Information contained in the account will be kept until the end of the term
in which the account was locked and then archived for the duration of the
next fall or spring term. If, by the end of that term, the account has not
been re-activated due to re-enrollment, the information in the account will
be deleted.
16.8
Access to information in a student’s locked account requires approval from
the Office of the Dean of Students.
16.9
Any student whose account is locked as a result of a suspected violation of
the Information Technology Use policy is notified by the Office of the Dean
of Students.
16.10
Guest Accounts
Guest Accounts provide access to the Internet only. Community use
guest accounts are valid
for one-year terms. CNM-sponsored event accounts are valid for the
duration of the event.
17.
Disruption of Service
It is the responsibility of ITS, and/or departmental
staff that provide support, to ensure proper notification to individual users and the
CNM community at
large of any actions that would impact the use of institutional Information
Technology resources and systems.
Emergency
17.1 Emergency outages of
network and computer systems occur on occasion due to hardware or
software
problems, viruses, and/or performance issues.
17.2 The
ITS Helpdesk notifies impacted users of emergency outages, via e-mail or the
Voicemail Broadcast System.
Non-Emergency
17.3
ITS makes
every reasonable effort to minimize disruptions of service to Enterprise
Information Technology resources and
systems by scheduling
routine maintenance and repair
during times when fewer users are utilizing them.
Examples:
Software or hardware upgrades and installations; transferring data
from
one server to another; relocating
data communication lines, etc.
17.4 The ITS Helpdesk notifies impacted users of
planned outages to Enterprise
Information Technology resources and systems a minimum of
three business days in
advance, via e-mail.
17.5
ITS can facilitate notification of
planned outages for non-Enterprise resources and systems
upon request.
Other Disruptions To Resources and Systems
17.6 If technical problems are experienced with CNM computer hardware or
software, contact
the
ITS Helpdesk for assistance at 224-4357.
17.7 Report detected or suspected viruses on PCs or networks to the
ITS
Helpdesk
immediately at 224-4357.
18.
ITS Helpdesk
ITS provides advisement, consulting, hardware and
software installation, and support services for users of CNM’s Information
Technology resources and systems.
18.1 For questions and information
regarding CNM’s Enterprise Information Technology
resources and support, contact the
ITS Helpdesk at
224-4357, or visit
the
ITS website.
System and User
Protection
19. Monitoring
Inspections
19.1
CNM does not routinely monitor transmissions, files, or data.
However, to protect CNM and the community, CNM reserves the right to monitor transmissions, files or data
, if a student or employee Code of Conduct or legal violation is suspected, or for other just
cause.
Audits
19.2 Audits are prompted by compliance concerns that threaten
CNM
systems, networks, or
individual users. Audits of transmission files or data stored on
CNM
systems and networks may
be required in response to investigations regarding threats to the
CNM
community (i.e., students,
employees, and general public), compliance issues, flaws in work
practices and/or when
mandated by state legislation or school policy.
Investigations
19.3 If there is evidence or suspicion of a
violation of this administrative directive or any other CNM
policy or applicable law, written authorization may be given by the Human
Resources
Department or the Office of the Dean of Students to do a system audit and
inspection. If an
investigation is necessary, the user, when requested, will cooperate fully
with the investigation.
20.
Privacy
CNM makes
every reasonable effort to ensure the security of its systems and networks.
While attempts have been made to ensure the privacy of all accounts by
assigning individual PINs and passwords,
CNM offers no
guarantee or representation that any account, electronic mail, or voice mail
is private. Users should also note that CNM's systems and networks
are not guaranteed to be secure. However, CNM does secure sensitive
information such as credit card and/or social security numbers entered for Online Registration through the use of encryption software.
There are several internal and external factors that
can impact user privacy: federal and state law, protocol intrinsic to
computing technology, and standard practices.
Federal and State Law
Personally identifiable information, as well as certain
information pertaining to students is protected by state and federal laws.
The following federal and state laws, although not an
all-inclusive list, provide additional information regarding privacy.
·
Electronic Communication Privacy Act of 1986 (ECPA)
·
Gramm-Leach-Bliley Act of 1999 (GLBA)
·
Family Educational Rights and
Privacy Act of 1974 (FERPA)
·
New Mexico's Inspection of Public Records Act
(Section
14-2-1 NMSA 1978)
·
Confidential Materials Act (Section 14-3(A)-2 NMSA 1978)
·
Exceptions to the ECPA can be found at this link “Privacy in
Cyberspace”
Protocol
Intrinsic to Computing Technology
In the course of performing
routine operations and maintenance, as well as in adherence to procedures to
secure CNM’s Information Technology resources and systems, systems
administrators and other authorized personnel have access to user data and
account information. It is incumbent on such personnel to protect the
privacy of all user data and account information.
The type of information
accessed during routine operations and maintenance can be found at this
link.
Standard Practices
It is an expectation of all users of CNM’s Information
Technology resources to ensure the privacy and confidentiality of past,
present and future members of the CNM community.
Users of CNM’s Information Technology resources and
systems share the responsibility for keeping their own and the College’s
data private and secure through
standard practices that support Information
Technology use at CNM.
21.
Preserving Information
With the steady advancement and use of Information
Technology and the move toward electronic records and record storage, CNM is
increasingly dependent on the accuracy, availability, and accessibility of
information stored electronically and on the computing and networking
resources that store, process, and transmit this information.
21.1
CNM complies with State records retention codes and regulations. Some departments within the
College may
have longer retention schedules that exceed state requirements.
21.2
Requirements for the retention of electronic records (employee files,
student records, and business files) are the same as those for paper files,
records, or any other academic and/or employment-related material.
21.3
Those who handle electronic records of any kind must protect them from
unauthorized modification, disclosure, and destruction to preserve the
original integrity of the records.
21.4
Information, including data and software, is to be protected
regardless of the form or medium that carries the information.
22.
Intellectual Property
Because technology gives individuals the ability to
access and copy information from remote sources, users must be aware of
ownership rights and laws concerning intellectual property. The use
of CNM’s resources and systems in sending e-mail, creating and maintaining
websites, installing software, downloading from the Internet, or uploading
to CNM's systems and networks is contingent upon the user agreeing not to
violate any of the laws and regulations.
22.1 The owner of a copyrighted work owns the rights
to reproduction, modification,
distribution, public performance and public display of these works.
Many of the
laws that protect the software and the works that are accessible through the
internet
are extremely broad.
For instance, copyright law protects "original works of authorship fixed in
any tangible
medium of expression. Works of authorship include the following
categories: (1) literary
works; (2) musical works, including any accompanying words; (3) dramatic
works,
including any accompanying music; (4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works; (6) motion pictures and other
audiovisual
works; (7) sound recordings; and (8) architectural works."
17 U.S.C. § 102.
The Internet has provided easy methods of copying some works which are
protected by the
above mentioned laws. For example, peer-to-peer systems have made it
extremely easy for users
to share files, including music, movies and software. Furthermore,
duplicating hardware has made
it extremely easy to copy software without purchasing a license to use that
software. In many
cases, copying these files and software are acts of infringement of someone
else's rights and can
be legally prosecuted and/or addressed through CNM disciplinary process.
22.2 The punishment for violation of copyright laws
is very clear
and very strict. Anyone
who infringes the copyright of another may be liable for a
civil penalty which
could be as much as $30,000 for each act of infringement. As an example, if
a user
illegally downloads musical songs from the internet (e.g. by using a
peer-to-peer system
may be held liable for $30,000 for every illegally
downloaded song.
22.3 User's of
CNM's Information Technology resources agree not to use
these resources in any way that violates federal, state, local or international law or the
rights of others. Users may not violate trade secret, copyright, trademark or patent rights. In
appropriate circumstances, termination of accounts will be the consequence
of repeat copyright infringement.
22.4 There are some exceptions to these laws, such as the fair use
limitation described in
17 U.S.C. § 107 of the Copyright Act. This limitation is narrow and applies
only in certain
circumstances such as copying for news reporting, some teaching and
research
applications, scholarship or nonprofit educational purposes. For further
clarification on the
exceptions please refer to the full text of
107:Limitations on exclusive
rights: Fair use.
22.5 Notification of potential copyright
infringement using CNM's resources and systems should be reported to CNM's
Information Technology Audit & Security Officer. Contact may be made
though the ITS Helpdesk at (505) 224-4357.
23.
Inappropriate Material
The intent of the College is to provide an
environment that discourages harassment. Each user is responsible for
using common sense and good judgment when accessing material via the
Internet. Users who access materials that are considered
offensive and/or
obscene may be subject to disciplinary action in compliance with the
Information Technology Use Policy and Administrative Directive, and/or the
Sexual Harassment Policy and
Administrative Directive and/or
the CNM Student Code of Conduct.
CNM cannot protect individuals against the existence
or receipt of material that may be offensive to them.
Offensive Material
23.1 If
online material is visible or audible to others and there is a complaint
that it is offensive or considered harassing, the offending user is expected
to cooperate in resolving the complaint. This may involve turning off the
offensive material or moving to a more private location. A refusal to
cooperate is considered a violation of the Information Technology Use
Policy, subject to disciplinary action.
Obscene Material
23.2 Works lacking in literary or artistic value while depicting sexual
acts in an offensive way and
appealing to prurient interests are considered obscene. Users should be
aware that obscene
material that is visible or audible to others on campus is a violation of
the Information Technology
Use Policy and Administrative Directive and may be reported as a violation,
subject to
disciplinary action
in accordance with the
Student
Code of Conduct and/or the
Employee Handbook.
23.3
Pornography is a severe violation of the Information Technology Use Policy
and, in some cases, may be a violation of
federal,
state and local law,
subject to disciplinary action and legal action.
23.4
In order to protect/minimize CNM's legal liability and the risk of security
threats introduced via the internet, it is the college's position to prevent
access to Internet sites containing pornographic materials and sex sites
while providing latitude to enable individual access for justified
legitimate need.
CNM filters access to Internet sites with inappropriate content.
Access to such sites for educational and research purposes may be requested
by submitting a CNM Web Page
Access Request form. Requests from students and
faculty are subject to approval by the appropriate Dean. Requests from
administrative staff are subject to approval by the appropriate Director or
Vice President. Requests from the community should be submitted to the
Dean or department head responsible for the open lab.
Information Technology Use Controls
24. Reporting a Violation
The reporting of Information Technology Use violations
is the responsibility of every employee and student at CNM. This includes
full and part-time employees, all employees who direct the work of one or
more individuals, and employees who are in charge of computer labs or other
areas containing Information Technology resources and systems.
25. Enforcing this Directive
Enforcing this administrative directive begins with recognizing what constitutes a violation and then
strategizing
and responding to the violation. A 3-Step response to a violation
process has been defined and should be used as a tool when a violation
occurs.
25.1
The Human Resources Department and the Office of the Dean of Students
conduct any necessary investigations for suspected Information
Technology use violations. The system administrator, department
supervisors/instructors, ITS, and Campus Security serve as consultants in
support of investigations.
26.
Information Technology Use Violations
To maintain the integrity of CNM's Information
Technology resources and systems it is necessary to identify common
violations that can be addressed quickly to maintain effective technology
use at CNM. Common violations are noted in the
Violation Matrix and
are identified as minor or major. This list is not intended to be
all-inclusive but represents the types of offenses that are considered
violations under this administrative directive. Category 1 violations are
considered minor and Category 2 or 3 violations are identified as major
offenses.
These violations apply to any device, whether College
owned or personal, used to access CNM’s systems and networks.
Engaging in activities that violate this, or other
administrative directives, may result in loss of access privileges as well
as possible disciplinary action.
Violation Categories
26.1 Category 1 - Minor
Violation
A
Category 1 (minor
offense) is considered a low level offense involving non-threatening
action that is offensive or disruptive. Low level offenses can also involve
abuse or misuse of CNM technology systems or networks. Minor offenses
include such things as drinking or eating in lab settings, or viewing images
that may be offensive to another person in the area but are not illegal.
26.1.1 All minor violations
should be addressed using the 3-Step Response to a Violation
process. Every attempt should be made to resolve minor violations
satisfactorily using
the
lowest level of response possible.
26.1.2 Refer to applicable
area directives and College policies and procedures to resolve and
explain the violation to the suspected violator.
26.1.3 Any employee who is
uncomfortable attempting to resolve a violation should contact an
immediate
supervisor. In the case of obvious threats to CNM systems and/or networks,
contact the
ITS Helpdesk. If a situation poses any danger or threat for individuals,
immediately contact
Campus Security.
26.1.4 Notification and
documentation of minor violations are done according to
area directives.
Any escalation of minor violations to major violations must follow the
documentation
and notification requirements of a major violation.
26.1.5 Repeated minor
violations by an individual can be escalated to a major violation
if the user refuses to comply with requests to discontinue the
behavior.
26.2 Category 2 and
Category 3 – Major Violations
A
Category 2 (major
offense) involves suspected violations of international, federal, state,
or local law, a system/network performance threat caused by reckless
activity, or individuals who do not comply with requests to discontinue
unacceptable activities identified as Category 1
(minor) violations.
This can include individuals who become physically or verbally abusive in
response to a request to discontinue minor violations.
A
Category 3 (major
offense) involves obvious violations of federal, state, or local
law or a system/network performance threat caused by intentional activity.
In most cases it may be
difficult to determine whether a violation is a Category 2 or a
Category 3 until the investigation is complete. Although they may
appear the same, intentional activity that violates Information Technology
Use policy (Category 3) can result in more severe disciplinary action than reckless activity (Category 2 violation).
26.2.1 All Category 2 and
Category 3 (major) violations should be addressed using the
3-Step Response to a Violation process.
26.2.2 Any emergency
situation that involves risk to an individual and/or property may dictate
that the
normal protocol is temporarily circumvented until a threatening situation is
controlled.
Campus Security is involved in major violations when there is a potential
risk
to students,
personnel or the general public, or for other pertinent reasons that require
Security’s
involvement.
26.2.3 Major violations
require the immediate notification of the next level of supervision in the normal
reporting protocol structure. Suspicion of violations that can cause
significant harm to
individuals, or CNM’s systems and networks, should be escalated immediately
to the Human
Resources Department or the Office of the Dean of Students. The
ITS
Helpdesk should also be contacted in case ITS needs to take immediate action
to preserve
operations. After hours, a recording refers callers to another number for assistance.
26.2.4 Any inappropriate
behavior resulting in students being temporarily removed from facilities
must
be reported immediately to the next level of supervision and the Office of
the Dean
of Students.
Inappropriate behavior resulting in employees being temporarily
removed
from
facilities must be reported to the next level of supervision and the Human
Resources
Department.
26.2.5 Category 2 and 3
Violations require completion of the
Information Technology Use
Violation Report. The report and any other support documentation or
physical evidence
must be
submitted to the Human Resources Department or the Office of the Dean of
Students.
Employee violations are
submitted to the Human Resources Department and student violations are
submitted to the Office of the Dean of Students. Violations involving
individuals from the general public are referred to the Office of the Dean
of Students. The Human Resources Department and the Office of the Dean of
Students acknowledge receiving Information Technology Use Violation Reports
via email response to the submitting individual or area.
26.2.6 The Human
Resources Department or the Office of the Dean of Students conduct
investigations regarding suspected Information Technology use violations.
They
determine if
outside agencies need to be contacted.
26.2.7 All
documentation and evidence gathered during an investigation is maintained by
the
office
completing the investigation (the Human Resources Department or the Office
of
the Dean of
Students) for a period of not less than 10 years. The document files
are
destroyed by
the Records Retention Department when the retention requirements have
been met.
27. 3-Step Response to a
Violation
The 3-Step Response to a Violation process is designed
to assist CNM employees in responding to an Information Technology use
violation. Step 1, Recognize, recommends identification and
evaluation of what is actually happening. Step 2, Strategize,
involves developing a plan for an appropriate response to the violation.
Step 3, Respond, is based upon the category of the violation. Refer to
the 3-Step Response to a Violation chart for clarification.
Definitions
28.
Definitions
|
Access |
Permission
to use a technology resource according to appropriate limitations,
controls, and standards |
|
Administrative Directive |
Guiding
principles, goals and processes established for College-wide use that
influence and/or determine decisions and actions in compliance with
Governing Board Policy. |
|
Area Directives |
Guiding
principles, goals and processes established within specified work areas
that influence and/or determine decisions and actions in compliance with
Governing Board Policy and Administrative Directives. |
|
Authorized
User |
Any
individual, whether student, faculty, staff, or individual external to
CNM, who has been granted access privileges to specific Information
Technology resources. |
|
Category 1
Violation |
A low
level offense involving non-threatening action that is offensive or
disruptive. Low level offenses can also involve abuse or misuse of the
CNM technology systems or networks. |
|
Category 2
Violation |
A violation of federal, state, or local
law, or a system/network performance threat caused by reckless activity,
or repeated Category 1 violations by an individual who do not comply
with requests to discontinue their behavior. |
|
Category 3
Violation |
An obvious violation of federal, state, or
local law or a system/network performance threat caused by intentional
activity. |
|
Confidential Information or Data |
Personal and personally
identifiable information, (e.g., addresses, social security numbers,
medical information) and other information as defined by the New
Mexico State Confidential Materials Act. |
|
Data |
A
representation of information in an organized manner that is
stored, communicated, interpreted, or processed by automated means.
|
|
Electronic
Data |
Data
stored in a format that can be accessed, stored, and/or manipulated
electronically. |
|
Eligible
Individuals |
This group
includes registered students, regular and temporary faculty and staff,
casual employees, and any individuals or entities approved by the CNM
Administrative Vice President. |
|
Employee
Handbook |
The
document that contains Governing Board Policy regarding the guiding
principles, goals and processes in use at CNM. |
|
Enterprise Resources |
Information Technology services
that provide critical operations to CNM. These services include,
but are not limited to:
•
Administrative Applications
•
Cable Infrastructure
•
Network Services/Equipment
•
Telephone Services/Equipment
•
Remote Access
Services/Equipment/Applications
•
Web Services/Applications/Equipment
•
Wireless Services/Applications/Equipment |
|
Information Technology |
The
technology involved in developing, maintaining, and using computer
systems, software, and networks for the processing and distribution of
data. |
|
Intellectual Property |
Original
works of authorship fixed in any medium of expression. A work is fixed
when made sufficiently permanent or stable to permit it to be perceived,
reproduced, or otherwise communicated for a period of more than
transitory duration. Motion media, text material, music, lyrics, music
video, illustrations, photographs, trademarks, slogans, and patents are
examples of intellectual property. |
|
Institutional Data |
Data stored on CNM’s systems and networks and/or
generated by CNM employees while conducting College business. |
|
Locked
Account |
An account
that has been rendered inaccessible to the account owner. All
files/data associated with the account remain intact and unchanged. An
account may b | |