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