Acceptable Use Policy
(effective 7/1/10)
Lesley University values freedom of expression and an open exchange of ideas and information. Lesley acknowledges that there is a delicate balance between freedom of expression and respect for the rights of fellow members of the Lesley community. Essentially, Lesley's Acceptable Use Policy (AUP) requires all users to maintain reasonable standards of professional and personal respect and courtesy. Members of the Lesley community are provided with broad access to the University's electronic environment. The electronic environment, by its very nature, allows users to engage in the system with near anonymity. These characteristics of the Lesley electronic environment demand responsible use by all of Lesley's users.
Despite the unique attributes of the electronic environment, all Lesley policies which apply elsewhere in the Lesley community, including the terms of all handbooks and catalogues, apply in full force to use of the electronic environment. Specifically, all Lesley harassment and discrimination policies, the Family Educational Rights and Privacy Act of 1974, and the Lesley Community Standards of Conduct are applicable to all forms of contact within the electronic environment.
Access to and usage of Lesley provided technology is a public trust and certain expectations, responsibilities, and requirements are inherent in this trust. The purpose of the AUP is to address those aspects of the electronic environment which are specific to computer use, electronic communication, and computer networks. The AUP applies equally to faculty, students, staff, contractors, and invited guests who utilize Lesley technology on and off campus.
A. Scope
Lesley University's Acceptable Use Policy applies to any user of the University's technology resources, whether initiated from a computer located on or off-campus. This includes any computer and information system or resource, including means of access, networks and the data residing thereon. This policy applies to the use of all University technology resources whether centrally- or locally-administered. Administrators of individual or dedicated University resources may enact additional policies specific to those resources provided they do not conflict with the provisions of this and other official policies and laws. Users are subject to both the provisions of this policy and any policies specific to the individual systems they use.
B. Purpose
The purpose of Lesley University's AUP is to allow for efficient and effective use of technology resources. The primary focus is to ensure that the resources are used in a manner that does not impair or impede the use of these resources by others in their pursuit of the mission of the University. This policy is intended to ensure:
the integrity, reliability and acceptable use of University technology resources;
that the resource-user community operates according to established policies and applicable laws; and
that these resources are used for their intended purposes.
The AUP is intended to permit, rather than proscribe, reasonable resource-user access within institutional priorities, financial capabilities and legal constraints. This policy is intended to promote and encourage responsible use while minimizing the potential for misuse and not imposing broad-based restrictions on all users. This policy is not intended to prevent or prohibit the sanctioned use of University resources as required to meet the University's core mission and academic and administrative purposes.
C. Guiding Principles
The following principles underlie this policy and should guide its application and interpretation:
Lesley University is committed to active learning, scholarly research, critical inquiry and diverse forms of artistic practice and values freedom of expression and an open exchange of ideas and information. To preserve that freedom, the community relies on the integrity and responsible, ethical, and legal use of University resources by each of its members and guests.
Technology resources are provided to support the University's mission of education, research, and service. To ensure that these shared and finite resources are used effectively to further the University's mission, each user has the responsibility to:use the resources appropriately and efficiently;respect the freedom and privacy of others;protect the stability and security of the resources; and understand and fully abide by established University policies and applicable public laws. Responsible use of University resources will be given priority over the current or potential design, capability, or functionality of specific technology resources including operating systems, hardware, software, the University's network, and the internet.
Users of technology resources are expected to uphold the highest community standards in accordance with all Lesley policies which apply elsewhere in the Lesley community.
These policies include, but are not limited to the following:
Student, faculty, and staff handbooks and catalogues
Harassment and discrimination policies
the Family Educational Rights and Privacy Act of 1974 (FERPA)
the Lesley Community Standards of Conduct
D. Policy Application
As a general guideline, the University regards the principle of academic freedom to be a key factor in assuring the effective application of this policy and its related procedures and practices. All applicable laws are also another key source of guidance.
All existing federal, state, and local laws along with all University regulations and policies apply, including not only laws and regulations that are specific to technology, but also those that may apply generally to personal conduct. This may also include laws of other states and countries where University services are delivered, where material is accessed electronically via University provided resources by users within those jurisdictions, or where material originating within those jurisdictions is accessed via University provided resources.
The accessibility of certain University technology resources, such as network-based services, implies a degree of risk that the existence, viewing or receipt of such information/content may be offensive. As a matter of policy, the University protects expression by members of its community and does not wish to become an arbiter of what may be regarded as "offensive" by some members of the community. However, in exceptional cases, the University may decide that such material directed at individuals or classes of individuals presents such a hostile environment under the law and/or under University policy that certain restrictive actions are warranted.
The University reserves the right to limit access to its resources when policies or laws are violated and to use appropriate means to safeguard its resources, preserve network/system integrity, and ensure continued service delivery at all times. This includes, but is not limited to, monitoring routing information of communications across its network services and transaction records residing on University resources, scanning systems attached to the Lesley network for security problems, disconnecting systems that have become a security hazard, and restricting the material transport across the network or posted on University systems.
Hyperlinks within the policy to external documents are provided for the reference and convenience of readers. They should not be viewed as implying that the referenced document is being incorporated into this policy except as stated or otherwise specified in the policy itself.
E. Policy Provisions
This AUP is intended to highlight major areas of concern with respect to responsible use of Lesley University technology resources and specific issues required by law. This section is not intended to provide a full accounting of applicable laws and policies. All users are expected to abide by all University, local, state and federal laws.
1. Authorized Use/Access
Access to Lesley University's technology resources is a privilege granted to faculty, staff, students, alumni, and contractors in support of their studies, instruction, duties as employees, official business with the University, and/or other University-sanctioned activities. Access may also be granted to individuals outside Lesley University for purposes consistent with the mission of the University.
With the exception of implicitly publicly accessible resources, such as websites, access to Lesley University's technology resources may not be transferred or extended by members of the University community to outside individuals or groups without prior approval of an authorized University official. Such access must be limited in nature and fall within the scope of the educational mission of the institution. The authorizing University official is expected to ensure that such access is not abused.
Gaining access to the University's technology resources does not imply the right to use those resources. The University reserves the right to limit, restrict, remove or extend access to and privileges within, material posted on, or communications via its technology resources, consistent with this policy, applicable law or as the result of University disciplinary processes, and irrespective of the originating access point.
It is expected that the University technology resources will be used lawfully, ethically, efficiently and responsibly in support of the mission of the University as set forth in this policy. All other use not consistent with this policy may be considered unauthorized use.
All Lesley accounts will expire and access will end with the termination of the user's relationship with the University. Systems administrators may, without prior notice, delete computer accounts and files after the termination of a person's qualifying Lesley affiliation.
2. Data Security, Confidentiality and Privacy
Lesley University users are responsible for ensuring the confidentiality and appropriate use of institutional data to which they are given access, ensuring the security of the equipment where such information is held or displayed, ensuring the security of any accounts issued in their name, and abiding by related privacy rights of students, faculty, staff and others concerning the use and release of personal information, as required by state and federal law or existing University policies.
Students and employees may have right of access to information about themselves contained in computer files, as specified in federal and state laws. Files may be subject to search under court order. In addition, system administrators may access user files as required, to protect the integrity of computer systems. For example, following organizational guidelines, system administrators may access or examine files or accounts that are suspected of unauthorized use or misuse, or that have been corrupted or damaged.
In the event of a sanctioned University investigation for alleged misconduct, email, files or other electronic information may be locked or copied to prevent destruction and loss of information. Users may employ methods to increase the privacy of their files and information, provided they do not violate any provision of this policy or degrade system/network performance.
All users of Lesley's technology resources are advised to consider the open nature of information disseminated electronically, and should not assume any degree of privacy or restricted access to such information. Lesley University provides security safeguards for the transfer of authorized data, but is not responsible if information is intercepted, copied, read, forged, destroyed or misused by others.
3. Electronic Information Retention and Disclosure
Original electronic materials and/or copies may be retained for specified periods of time on system backups and other locations; however, the University does not warrant that such information can be retrieved. Unless otherwise required by law and/or policy, Lesley reserves the right to delete stored files and messages to preserve system integrity. Electronic files or messages, whether or not created and stored on University resources, may constitute a University record subject to disclosure under federal, state or local laws, or as a result of litigation. Electronic copies must be provided in response to a public record request or legally issued subpoena, subject to very limited exceptions, as with other documents created and retained by the University.
Disclosure of confidential information to unauthorized persons or entities, or the use of such information for self-interest or advantage, is prohibited. Access to non-public institutional data by unauthorized persons or entities is prohibited.
Requests for disclosure of confidential information and retention of potential evidence will be honored when approved by authorized University officials or required by state or federal law.
4. Network and System Integrity
All use covered under the scope of this Acceptable Use Policy must comply with state and federal laws , including, but not limited to, the Federal Computer Fraud and Abuse Act, 18 U.S.C. 1030, and other federal law, state law, and University policies. Activities and behaviors that threaten the integrity of the computer networks or systems are prohibited on both University-owned and privately-owned equipment operated on or through the University resources. These activities and behaviors include but are not limited to:
Interference with or disruption of computer systems and networks and related services, including but not limited to the propagation of computer "worms", "viruses", "Trojan Horses", "malware" and other harmful content;
Intentionally or carelessly performing an act that places an excessive load on a computer or network to the extent that other users may be denied service or the use of electronic networks or information systems may be disrupted;
Failure to comply with authorized requests from designated University officials to discontinue activities that threaten the operation or integrity of computers, system or networks;
Negligently or intentionally revealing passwords or otherwise permitting the use by others of University-assigned accounts for computer and network access. Individual password security is the responsibility of each user. The user is responsible for all uses of their accounts, independent of authorization;
Altering or attempting to alter files or systems without authorization;
Unauthorized scanning of ports, computers and networks;
Unauthorized attempts to circumvent data protection schemes or uncover security vulnerabilities;
Connecting unauthorized equipment to the campus network or computers. University authorized business and other activities directly related to the academic mission of the University are excluded; however, network communication devices must have prior approval from University Technology before they can be connected to the campus network. Unauthorized network communications devices or any networked device that may negatively impact the security, management, reliability or integrity of the campus network or other University resources may be disconnected from the network;
Attempting to alter any University computing or network components without authorization or beyond one's level of authorization, including but not limited to bridges, routers, hubs, wiring and connections;
Utilizing network or system identification numbers or names that are not assigned for one's specific use on the designated system;
Using campus resources to gain unauthorized access to any computer system and/or using someone else's computer without permission;
Providing services or accounts on University computers or via University networks to other users from a personal computer unless required to meet the normal activities of students working as individuals or in collaborative groups to fulfill current course requirements. University authorized business and other activities directly related to the academic mission of the University are also excluded; however, any computers running services that may negatively impact management, reliability or integrity of the campus network or other University resource may be disconnected from the network;
Registering a Lesley IP address with any other domain name.
5. Commercial Use
Use of the University's technology resources is strictly prohibited for unauthorized commercial activities, personal gain, and private, or otherwise unrelated to the University, business or fundraising. This includes soliciting, promoting, selling, marketing or advertising products or services, or reselling University resources.
6. Political Advocacy
It is generally inappropriate for individual employees to use University resources to engage in political advocacy in election campaigns. For questions about appropriateness of use of University resources, please contact Lesley's General Counsel, Sandra Doran, at sandra.doran@lesley.edu.
This provision does not apply to political activities related to on-campus student government, including the conduct of student elections, or student club activities and sponsored events conducted with prior approval of the University. It does not apply to individual student activities, e.g. websites, which constitute free speech. Such activities must comply with all other provisions of this policy, including the section on electronic communications, when using University resources.
7. Harassment
Harassment and stalking of others via electronic methods is prohibited under Massachusetts General Laws Ch. 265, Sections 43A and 43, other applicable laws, and University policies. It is a violation of this policy to use electronic means to harass, threaten, or otherwise cause harm to an individual, whether by direct or indirect reference. It is a violation of this policy and applicable laws to use electronic means to harass or threaten groups of individuals by creating a hostile environment.
8. Defamation
The use of University electronic services to defame another person is prohibited. Under Massachusetts state law, defamation of a person is illegal. Defamation is the "publication" of a false statement of fact that harms another person's reputation. A defamatory statement is "published" whenever it is communicated to a third person i.e. anyone other than whom the statement is about. A defamed person can sue for damages caused by the publication of the defamation. Remember that the internet reaches millions of people, which may result in substantial damages and violation of other state laws.
9. Invasion of Privacy
The use of University electronic services to invade another's privacy is prohibited. Under Massachusetts law, one can be sued for invasion of privacy. An invasion of privacy occurs when intensely personal information about an individual is disclosed when the person had chosen not to make it public and the public had no legitimate need or reason to know. Unlike defamation, invasion of privacy includes true statements. Again, since the internet reaches worldwide, users could be subject to other state law. (See Massachusetts General Laws Ch. 214, Section 1B)
10. Obscenity, Pornography, and Sexually Explicit Material
The use of University electronic services to send, receive, store, stream, or print any pornography, sexually explicit and/or obscene material is prohibited. Pornography is the depiction of sexual behavior that is intended to arouse sexual excitement in its audience. All child pornography is explicitly not protected by and is illegal under state and federal law. Obscenity is not protected by free speech. Obscenity means material that has no literary, artistic, political, or other socially redeeming value.
11. Copyright and Fair Use
Copyright law generally gives authors, artists, composers, and other such creators the exclusive right to copy, distribute, modify, and display their works or to authorize other people to do so. These works are protected the moment they are created regardless of whether they are registered with the Copyright Office or whether they are marked by the symbol ©. Illegal file-sharing, unauthorized duplication and distribution of software or sound recordings, and other copyright infringements violate federal copyright law. These laws apply to all forms of information, including electronic communications, music and entertainment videos.
It is the policy of Lesley University to use any and all technology resources in a manner consistent with the federal laws governing copyright protection. These include, but are not limited to, the Digital Millennium Copyright Act of 1998, the Teach Act of 2002 and all subsequent amendments.
Use of any University resource such as computers (hardware and software), network connections, servers, routers, facsimile machines, copy machines and other electronic equipment by any University constituent (faculty, student, staff or general public) to circumvent legitimate copyright protections or illegally access, copy or disseminate copyrighted material is prohibited.
Infringements to copyright laws include, but are not limited to, making unauthorized copies of any copyrighted material (including software, text, images, audio and video), and displaying or distributing copyrighted materials over computer networks without the author's permission except as provided in limited form by copyright fair use restrictions. The "fair use" provision of the copyright law allows for limited reproduction and distribution of published works without permission for such purposes as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship or research. The University will not tolerate academic cheating, plagiarism, or theft of intellectual property in any form.
Users should be aware that the unauthorized sharing of peer to peer file copyrighted works, including music, pictures and movies, is a violation of the AUP. It is also illegal and may carry significant monetary and/or criminal sanctions. It is the responsibility of users who are downloading or uploading documents to make certain that they are not improperly using copyrighted works, or that they have the necessary permission of the copyright holder.
Please see Lesley's Copyright and Fair Use Policy for complete guidelines and details.
Submit any violations of copyright law to Lesley's General Counsel, Sandra Doran, at sandra.doran@lesley.edu.
12. Trademarks and Patents
The faculty, staff, students and administration of Lesley University recognize the value of the intellectual property created as a result of the educational mission of the University. All members of the University community benefit from research, scholarship and creative activity and such activities are encouraged and supported. Student, faculty and staff use of University technology resources in the creation of inventions and other intellectual property that may be patented, trademarked or licensed for commercial purposes must be consistent with Lesley University's Policy on Ownership of Intellectual Property. Unauthorized use of trade secrets and trademarked names or symbols is prohibited. Use of Lesley University's name and symbols must comply with University policy.
13. Lesley Liability/ Warranty
Lesley University is unable to warrant that its electronic environment is virus-free; that users with Lesley email accounts will not receive unsolicited email; or that all hardware and/or software used to access the electronic environment will be compatible with the Lesley systems. Use and/or access to Lesley's electronic environment does not entitle the user to seek indirect, consequential, special, punitive, peremptory, or like damages from Lesley University in connection with use and/or access.
14. Electronic Communications
University electronic communications are to be used to enhance and facilitate teaching, learning, scholarly research, support academic experiences, to facilitate the effective business and administrative processes of the University, and to foster effective communications within the academic community. Electronic mail, news posts, chat/discussion sessions or any other form of electronic communication must comply with all provisions of this AUP and all applicable laws and University policies affecting the use of email and related systems, including but not limited to responsible use, computer accounts, passwords, data security and integrity, and software licensing.
Lesley University reserves the right to send email to its own users.
Lesley University reserves the right to limit the size of individual mail messages being transmitted and amount being stored through University resources.
Lesley University email accounts are a privilege and this privilege can be revoked by the University at anytime.
Specific Prohibitions:
Altering electronic communications to hide one's identity or to impersonate another individual is considered misrepresentation and/or forgery and is prohibited under this policy. All email, news posts, chat/discussion sessions, or any other form of electronic communication must contain the sender's real name and/or email address.
Chain letters are letters that come to you asking that you participate in a pyramid scheme to make money, receive goods, or in some cases simply send well wishes on to "5 of your friends" for good luck. If you know math you will recognize that chain letters attempt to create exponential growth. If not stopped, they will quickly overwhelm any network or mail system. Thus it doesn't matter whether items of value are involved or not. Chain letters have been illegal if sent through the United States Postal Service (USPS) for many years. Many Internet chain letters often start out by saying "this is absolutely legal", or "I used to think this was illegal, but I checked with a lawyer and it's not". The USPS and FBI say that this is false. These schemes (and various related ones, including some multilevel marketing scams) are considered to violate federal laws against both gambling and wire fraud. The University (and most ISPs) will take action against any chain letter, or any other form of communication that asks each individual to send something to lots of others.
The practice of bombarding someone with a large volume of unsolicited mail in an attempt to disrupt them or their site is known as "mail bombing". Mail bombs have the effect of seriously degrading system performance and may have legal consequences. This practice is strictly prohibited on Lesley University systems.
The practice of sending unsolicited commercial advertisements or solicitations via email is prohibited. Written approval must be granted by your supervisor to send any such material.
Users of Lesley's electronic environment found in violation of state law, federal law, or University policies could be subject to criminal prosecution, civil prosecution, administrative action, and/or loss of some or all computing privileges.
Anti-spam software filters incoming mail to the Lesley University servers. Spam that is suspect will be blocked by the filters and not allowed through the University email system. If you have problems receiving email please contact ut@lesley.edu.
Use of electronic communications, including email, with the intent to annoy, harass and/or physically threaten other individuals is prohibited under Massachusetts General Laws Ch. 265, Sections 43A and 43.
Use of University resources, including email, for anyone's personal or political gain is prohibited.
Operation of unofficial email reflectors is prohibited. An email reflector is the automated or otherwise forwarding of a mail message to multiple recipients triggered by the content or headers of the mail message being forwarded.
Users are prohibited from sending messages to large numbers of users except as defined in the "Mass Email Messages" section of this policy.
Email messages may not include any user's identified number (e.g. social security number), should include only unique identifying information that is pertinent to the message being conveyed, and should not reference any student's academic record or confidential employee information.
Improper Attribution: When creating and sending messages through the Lesley electronic environment, users shall not give the impression that they are representing, giving opinions, or otherwise making statements on behalf of the University unless appropriately authorized to do so.
15. Social Networking
Social networking via Facebook, MySpace, Twitter, Friendster, and other digital platforms has become a tool for staying connected to friends and family and communicating and networking among people with similar interests. Just as in the use of other Lesley-provided technology, users of Lesley's electronic environments must be aware of the policies and laws that apply to social networking, including University policies and federal and state law.
Access to the University's electronic environment is a privilege. With this privilege and as representatives of the University, users of Lesley's electronic environments must conduct themselves responsibly on these social networking platforms. Users of Lesley's electronic environments who choose to use these sites must follow acceptable social behaviors and comply with federal law, Massachusetts law, and University policies (see AUP and Community Standards of Conduct). Violations, including inappropriate activity or language, or evidence of violations of University policies in the content of these online social networking sites are subject to investigation and sanction under the Community Standards of Conduct and other University policies.
Information posted online, including pictures and text, may become very difficult to completely remove from the internet even after deleting the material. Also, any pictures and text placed online can become the property of these sites once they are posted. To help gauge information appropriate to post, users need to think what information they want available to the world not just now but in the future. Many times potential employers, scholarship committees, graduate school admissions committees, or even potential roommates perform "background checks" by searching the web. So, although the material may be legal, it still may ruin potential career or personal prospects.
Future employers are not the only viewers you should be concerned about. The information you post can be used by others to steal your identity, for stalking, or other criminal activity putting your physical safety in danger. Be cautious of posting personal information. Your full name, address, birth date, pictures, hometown or even plans for the day can all be used against you.
State and federal law also apply in using these social networking sites. Copyright infringement, defamation, invasion of privacy, obscenity, pornography, sexually explicit materials, sexual harassment, and stalking are common legal concerns. Users violating these laws could be subject to civil and criminal fines or imprisonment. Please see above sections for relevant information.
16. Mass Email Messages
The broadcast of mass emails on the Lesley University email system puts electronic messages in mailboxes of specific groups of account owners (e.g. all faculty, all students, all staff, etc.) or all account owners.
A member of the President's Cabinet or Public Affairs must approve any mass email announcement. All mass email announcements must be brief in nature. In order to be approved, a mass email message must meet one of the criteria below. The message must:
Be related to the operation of Lesley University's email/internet systems (outages, changes, service levels, etc.).
Be related to campus physical plant conditions or activities for which short notice is required and most members of the campus community are affected.
Be of an urgent nature and affect most members of the campus community.
Be related to notices of special events or training sessions open to all account holders in a specific group, and for which other avenues of communication are not available or appropriate.
Announcements of scheduled events that are advertised to the campus via Marketing Communications should NOT be distributed through mass email facilities unless done by the Marketing department.
17. Web Sites and Accessibility to Digital Content
An official Lesley University web page is one that is formally acknowledged by the supervising office of the University school, department, division or program as representing that entity accurately and in a manner consistent with Lesley University's mission. Without such acknowledgement, a web site, regardless of content, is not "official". Official pages are the property and responsibility of the schools, departments, division and programs that create them. This includes official pages developed by and/or hosted on non-University resources.
Lesley University is strongly committed to ensuring access to web-based information and information technologies for all employees, faculty, staff, and students with disabilities are required by Executive Order 926, the Americans with Disabilities Act (ADA), and other applicable state and federal laws and University policies. Official web pages and other official University information, services and learning resources delivered electronically must comply with current campus standards and guidelines to ensure reasonable access by affected individuals.
"Unofficial" information may also be posted and maintained by individual students, faculty, staff and student organizations. Lesley University does not undertake to edit, screen, monitor or censor information posted by unofficial authors, whether or not originated by unofficial authors or third parties, and does not accept any responsibility or liability for such information even when it is conveyed through University-owned servers.
Both official and unofficial web sites are subject to the other provisions of this policy if they use University resources such as the University owned or leased servers and the Lesley University network to transmit and receive information.
F. Reporting Irresponsible or Inappropriate Use
Submit any violations of copyright law to sandra.doran@lesley.edu.
Questions that arise about the content of material on any of Lesley University's servers may be directed to the offices below:
For official pages (e.g. administrative, college, department and program pages): Web Services - webadmin@lesley.edu
For personal/curricular pages:
Faculty: Office of the Provost - provost@lesley.edu
Staff: Human Resources - hr@lesley.edu
Students: Student Life and Academic Development - studentlife@lesley.edu
For Student Organizations: Student Activities - studentactivities@lesley.edu
Submit any apparent violation of web policy or law to the appropriate administrative authority (vice president, dean, director, department or program chair) or to webadmin@lesley.edu
The University reserves the right to delete the account of an internet account holder if a web site posted on its server violates this or other University policies and practices. This action removes the web site from Lesley University's web server. In addition, disciplinary action may be applicable under other University policies, guidelines, implementing procedures, or collective bargaining agreements.